My question involves real estate located in the State of: Arkansas
A new land plat of my area shows my house on a forty acres that is north of my forty. For twenty-five years, I have thought that my house was on the south forty. After going to the court house and finding that there was no budging on their part, I had a new survey done this year. There was a previous survey in 1989, and it is this survey that we used to build the house. (My son owns the north forty and I own the south...at least that is what I thought.) The new survey shows two boundary lines that overlap. The first line is the one that we had seen on the old survey and had used to build our house. The new survey shows the boundary going right through the middle of my house...thus putting some parts of my house, my carpot, my shed, and my barn smack in the middle of the overlap. The assessor says that there cannot be an overlap...has never seen one and also no one that he has talked to has ever seen one. (The overlap is about 117 feet.) For one thing, the court house is concerned that one of the parcels won't be forty acres, but 35.9 acres which cannot be as all parcels are forty acres. My surveyor says that this is an overlap and it is what it is. He put my boundary on the old line, the one we used to build the house, so that my house is not in the overlap. I want my son to have his forty free and clear, while my forty with the house has a mortgage. If we combine the two forty's, then he will not have his forty due to the mortgage. I am told that this problem is going to throw off the whole section..and maybe the Louisianna Purchase from which all the parcels and sections were developed. (What a burden!) I do not care which parcel my house is on..the north or south. I only want to know where my house is and to have an airtight legal deed to the place...as well as have the adjoining forty free and clear for my son. My husband passed away in 2006, so I do not have him to provide any additional info as to boundary lines, etc. I am thinking of having another boundary line drawn well below my house and adding it to the north forty so that there will be no question as to where the house is or where the boundary is. I would appreciate any input as to this problem.