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Which is Better - a Survey or County Plat

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  • 01-23-2012, 03:26 PM
    Deej
    Which is Better - a Survey or County Plat
    My question involves real estate located in the State of: Texas


    I will try to make my story concise. My main question is a county plat of our property versus a recent survey of the neighbor’s property line. Which one would the county and or court stand by?

    We bought a home in 2001. In 2006 had a new neighbor buy the home next door. We have had some bad blood due to late night noise issues so they aren’t very nice any more. About two years ago they built an 8ft wooden fence due to the noise issues. They said the existing fence was 6 inches onto their property so had a survey done and moved the fence over onto what we thought was our property by 6 inches. We looked for help but found none and the surveyor performing his survey challenged us to court as he said his work has stood up in courts so we let it go not having the money, time or the drive to fight a neighbor in court. Still to this day issues arise with this neighbor. We erected a small wood fence in front yard to separate property and protect plants and yard that were being vandalized as city recommended and made several police reports on them ( now have security cam and no more incidences) . The side of neighbor's 8ft wood fence that attaches his front gate is on our by property 2" and in the way of our gate attaching to our front fence so we attached two small “L” brackets from our front fence to his front gate facade that protrudes 2" over for stability. Neighbor did not know this for almost a year then looked over the fence one day ( can only be seen on our side of the fence and in the corner). Our security cam has caught him showing countless friends and relatives over the past several months and now he is going to cut his gate facade 2" but in doing so is questioning the boundary line in front again saying our front fence is over the line according to his marks he made when the survey had the stakes put up. If he is correct it might be 1/8 inch to a ¼ inch which is crazy to worry about but this man appears to be OCD and will make a fuss about it. We took our brackets off and rigged our fence a different way that does not attach to his fence hoping this will make him stop but if not should we question the county plat against his recent survey and what recourses do we have ? We just want him to leave us alone.
  • 01-23-2012, 03:34 PM
    jk
    Re: Which is Betterr a Survey or County Plat
    a survey is the only legally accurate and acceptable determination of where a property line is.

    if his fence is on his property, you cannot connect to it.
  • 01-23-2012, 06:48 PM
    Newtons_Apple
    Re: Which is Better - a Survey or County Plat
    If by county plat you are referring to the tax assessment data which the county keeps, then the survey is superior.

    Tax assessment data is not an authoritative source for the location of a boundary.
  • 01-24-2012, 12:03 AM
    LandSurveyor
    Re: Which is Better - a Survey or County Plat
    If the issue is actually about 1/4 inch to 1/8 inch then you actually have a nutcase for a neighbor.

    But I am not sure what you are concerned about. It's not clear from your post. Your security camera records do not seem to be recording illegal behavior. What threats have actually been made?

    It's unlikely that a surveyor or a judge is going to make much of the quarter inch the neighbor is complaining of.

    Best to let him blow off some steam with his friends. If he takes it further, have a local attorney write him a letter to cease and desist. That would be the first step in getting him to leave you alone.
  • 01-24-2012, 04:52 AM
    Deej
    Re: Which is Better - a Survey or County Plat
    Sorry I wasn't more clear on my circumstances but I think I got my answer that a survey trumps a county record and was the question I was wanting answered so thanks all for the quick response.

    As for the reason of security camera we had several instances of vandalism ( most expensive was keying one of our cars) and put up the front fence to protect yard and plants that was being destroyed and still had some happening and is why as a last resort and advice of the city we installed the cams and voila........ no more vandalism. We could never prove anything just seemed to always happen when late night parties went on. I don't want to fight over the boundary line just wanted my paperwork ready if needed over a 1/4" if it happens seeing he continues. The part of the fence we had attached to was actually on our property but we have taken it off and reworked it hoping the neighbor will let it all go.
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