Boundary and Easement Issue

[cricketsman05]

Alabama.

In 1952 my wife's grandparents bought a piece of land that was approx. 4.5 acres. Due to road improvements this property had been reduced to 4.4 acres. In 1966 my wife's grandparents sold the local water board 1/2 acre to place a water tower on. From 1966 to 2005 the water board property was only staked out. In 2005 they placed a chain link fence around the property. In 1979 the grandparents sold my wife's sister 3.31 acres. To our knowledge the first survey was done in 1979.

In 2003 my wife inherited the .59 acre the grandparents were left with and in November of 2006 we bought the 3.31 acres from my wife's sister. We just had the property surveyed 2 months ago.

When we had the property surveyed we discovered that the water board is over on what should be our property by 3.5 feet. My surveyor has stated that when the water board property was laid out in 1966 that the surveyor made a mistake. The deed and survey that the water board has match each other and are correct. The problem is that the way the property is laid out does not correspond with either the deed or survey. He must of made his survey drawing from the deed and not what was laid out on the land.

I understand that the water board may be able to claim adverse possession for some reason or another.

I am just wondering if I have and recourse as far as the surveyor making a mistake goes. Any opinions or advise would be appreciated.

Thank you;

[seniorjudge]

It's too late to sue the surveyor from 40+ years ago.

You need to hire a good real estate lawyer.

[cricketsman05]

Just wanted to update my thread a little. I had a fence installed on 361 feet of property that borders my neighbors land. The fence was installed in side the stakes placed by the surveyor. I have a deed and survey showing that this is my land. I have now received a letter from my neighbor who is insisting that I remove the fence from his property and pay for any damages. My neighbor has owned his land for 60+ years and has no survey and refuses to get one. I have responded with a letter saying that I was going to continue with the fence installation on my property which is shown by my deed and survey. He has also told my fence installer that he plans to pull the fence with his tractor and any future fences installed. Any thoughts?

[aaron]

You can wait and see what happens, or you can talk to a lawyer about other options, such as sending him a warning letter detailing your position on land ownership and the fence.

[lwpat]

If he pulls down the fence call the sheriff and have him arrested for destruction of property. I would also have your attorney write him a letter. There is also the possibility that your surveyor is wrong.