My question involves an easement in the state of:Indiana
We have had numerous problems with our neighbors, and I have even posted her about it before.They recently had what I thought was survey but later learned was only a mortgage location survey. We learned there property came over 25 ft past their fence into what appeared to be our backyard. This affects our back parcel of land only. In the front our property goes up to 8 ft away from the side of their house. Technically it should be 20 ft away according to town code. They had no variance to put it there, but did anyways. This house was only built 11 years ago. We offered to do a boundary line adjustment and give them 20 feet of the front, for 20 ft of their back. It was a good deal for them as they would have increased their acreage as the front parcel is much longer. They refused, the wife became racist toward us. We kind of just let it go, as we do have to live next to them.
Well about a month ago, they hired a bull dozer and came into our backyard and clear cut the 25 ft in the back to nothing but sand. I can upload a picture if it would help, is there a way to do this? If this was their property and the only issue, so be it, but now we know that it was not an actual survey we wonder if it was accurate. My first question is how accurate are these mortgage surveys?
The next problem is regarding their septic drain-field. My husband said that the neighbor husband told him once that he thought his drain field ran into our front property. We are looking to have a fence installed and wanted to make sure this was not true. I began by searching my title insurance and did not see any encroachments, easements or anything for a neighbors septic. I then called the county recorders office to see if there were any notations private easements and such. From there, I was transferred to the health department and told there was no record of a permit ever being pulled for a septic at that address. The health dept. told me that they must have installed it without a permit. Permits have been required for over 20 years, so I am not sure why they didn't get one..I am worried its because the only way to build that big house was to install part of the septic on my property. The former home-owner of our house is deceased, so I can not contact him for info.
We are scheduled to have the fence installed in 2 weeks. I fear that they will hit his pipes if it truly is in our yard. Would a surveyor be able to help us? If we put the fence in and hit his lines, and it is on our property with no record of permit or easement or anything of the like, could we still be liable for damage?
I have gotten great advice here on this forum before and I truly appreciate the volunteers of this forum. I wish I could "give back" here, but I am afraid I am not qualified to offer advice on this type of forum. I can however, help with anything to do with photography or pets/animals. I am a very active member of pet-related forum and also volunteer with a rescue. Just want to make sure you know how much I appreciate the advice. Thank you.