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Thread: Encroachment - survey, fence, or.....?

  1. #31
    Senior Member
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    Sierra Foothills, Northern California
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    Re: Encroachment - survey, fence, or.....?

    <font color="blue"> Once you leave, it's very difficult to go back. Although with the crowding, etc, I can't see why. I did live there 30 years. </font color>

    It is hard to go back. I grew up down there (Orinda) and I have quite a few friends that are now living in Walnut Creek, Concord, etc. to try and stay in the same area but where they can (sort of [img]/forums/images/icons/tongue.gif[/img]) afford to live.

    I chose to move "far away" and for what I paid for my 10 acres (and pretty nice house) I couldn't touch real estate down there.

  2. #32
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    Sierra Foothills, Northern California
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    Re: Encroachment - survey, fence, or.....?

    <font color="blue"> The neighbor sold his house soon after and moved away. I guess I was just to mean to him. </font color>

    Yeah, you sound pretty mean (NOT! [img]/forums/images/icons/laugh.gif[/img]). Seems to me like you handled things really well. I agree with the folks that warned you about liability - I'd say just make sure you have a good insurance policy and let the kids play :-).

    If anything happens, your insurance company's lawyers can handle it [img]/forums/images/icons/tongue.gif[/img]. Too bad it has to be that way, isn't it?

  3. #33
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    Sep 2002
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    West Newbury, MA
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    Re: Encroachment - survey, fence, or.....?

    Hmmm, not so sure about the "do it yourself" survey. I'd think it would be open to "interpretation" Consult a lawyer, you'll probably want one to review your purchase and sales agreement anyway.

    Don't know how hot to sell the owner of the property is, but you may be able to get a credit out of them for the cost of the survey as with the encroachments, the useable acreage is not what they are advertising. Talk to your realtor.
    Hazmat

  4. #34
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    West Newbury, MA
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    Re: Encroachment - survey, fence, or.....?

    <font color="blue"> You might want to head to the county courthouse and get copies of your deed, as well as copies of all the deeds of the adjoining properties, on the line in question. Make 2 copies and give a set to the surveyor. It'll save them time, you some money and you will be able to read through them all and make sure all the neighbors back property lines have the same direction description. </font color>

    Excellant Idea Mike. If the property lines have the same direction description, it should make things easier.
    Hazmat

  5. #35
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    Sep 2002
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    Southern PA
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    Re: Encroachment - survey, fence, or.....?

    As the rookie in my FIL's CE/Surveying business, I was the person that got to go to the courthouse to do this. Not only did I get the deed for the property we were surveying, I got deeds for all the adjoining properties as well. Plus I frequently traced deeds back through a couple of transfers. It was not unusual to find typos, number transpositions, etc. in parcel descriptions. When we bought our current house, I traced it back to the late 1800s. [img]/forums/images/icons/cool.gif[/img]

  6. #36
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    Dec 2002
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    Magnolia, TX
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    79

    Re: Encroachment - survey, fence, or.....?

    Another thing to consider, since the cost of a survey is so high: rent your own equipment. My new neighbor had a perimeter survey done. I didn't like the placement of the stakes. After complaining and no action from him, I rented a surveyors transit. Locating the iron rods at each corner, I shot a straight line down and drove my own stake in every 50 feet. He was off by up to 2 feet in one place. Now maybe my survey wasn't legal, but I felt it was up to him to dispute it. I guess he didn't want "his" fence on my property so he had survey redone. My stakes were right on and he moved his.

  7. #37
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    Sep 2002
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    South-Central Ohio
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    Re: Encroachment - survey, fence, or.....?

    Sounds similar to a story my MIL/FIL went through last year. Their neighbors septic system started leaking and draining to under my FIL's house. My FIL asked him to fix it. He got all up set and started rainting and raving and eventually started causing all kind of trouble. He then started saying their fence was in the wrong spot. It was 2' on his property. They had put the fence up where they thought the line was except there was a ditch right on the line so they pulled the fence in toward them a bit. The guy didn't believe them so he decided to have his and their property surveyed. It turns out he was right. The fence was in the wrong place. It was on my in-law's property too far by about 10 or 12' [img]/forums/images/icons/grin.gif[/img] . Needless to say we moved that fence pretty quick. He finally got so upset that he sold and moved. [img]/forums/images/icons/cool.gif[/img]

  8. #38
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    Apr 2003
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    106

    Re: Encroachment - survey, fence, or.....?

    Yep those surveryers make me nervious,but at times,like laywers,they are nessasary.Has anybody out there ever heard of earth wobble concerning true north,south,e.t.c.?I learned the hard way about earthwobble,didn't loose much but the last time it was surveyed was 60 years ago,there was about a 2 degree difference. RICHARD GAUTHIER

  9. #39
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    Nova Scotia,Canada
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    Re: Encroachment - survey, fence, or.....?

    Presecion of the axis. I think that's what it is called. Surveying will take it into account. Chances are todays methods and instruments are much more accurate than those of days gone by.

    Egon

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