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  1. Closings and Escrow: Re: Land Survery Shows Half My House on Neighbors Land - Bought 7 Years Ago

    Now that the neighbor has played another card, offering a "land swap", things may be a bit clearer.

    This requires at least two new metes and bounds property descriptions, and preparation of deeds....
  2. Closings and Escrow: Re: Land Survery Shows Half My House on Neighbors Land - Bought 7 Years Ago

    Getting the advice of a local attorney will cost a lot less than tearing down part of your property. I think that is your best next step.
  3. Closings and Escrow: Re: Land Survery Shows Half My House on Neighbors Land - Bought 7 Years Ago

    Unfortunately, most title insurance policies disclaim liability unless there is an endorsement adding a survey and coverage.

    Most likely, in the absence of an endorsement adding coverage, you are...
  4. Closings and Escrow: Re: Land Survery Shows Half My House on Neighbors Land - Bought 7 Years Ago

    There are quite a number of potential issues here.

    I would recommend that you contact a lawyer soon, and ask for a reference to a local surveyor. As I am not your surveyor, or licensed in your...
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    Homeowners Associations: Re: HOA at War with Me

    Sounds as if you need to have new slate of officers in your HOA. I have lived in the same HOA for 25 years, and it existed for as long before that. Several years ago, "Shiela" got elected President...
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    Homeowners Associations: Re: HOA at War with Me

    This appears to be very unusual behavior. How did they actually "kick" you out? Was there an altercation? Was there a vote of the board to remove you from the meeting? Did they have a rent-a-cop...
  7. Fences and Walls: Re: Boundary Dispute W/ Conflicting Surveys in Texas

    I would suggest to the OP that she should examine the survey she has. If it says "mortgage inspection survey" or anything which seems similar, she should be aware that it may not necessarily be...
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    Repair and Maintenance: Re: Use of Our Space Part 2

    That will probably be the end of it.

    Understand that in your complex, the owners are in a constant crusade to evict the non-compliant, the slow payers, etc.

    They have a low cost attorney on...
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    Re: Land Tract Includes County Road

    The first thing we need to determine is this: Why would a new metes and bounds description have been written? And by whom for what purpose?

    Was it done by a surveyor? Was it done by someone else?...
  10. Adverse Possession: Re: How to Establish Adverse Possession When the Owner is Unknown

    Not similar in any way. It's a differnt area of the law.



    Of course once the statutory requirements are met he has everry right to do so. That was the point of my originl post.
    That is the...
  11. Adverse Possession: Re: How to Establish Adverse Possession When the Owner is Unknown

    I already dealt with that non-issue in an earlier post. In the contemplation of the law, an immediately marketable title, as I have pointed out, is not a requirement for title by adverse posession. ...
  12. Adverse Possession: Re: How to Establish Adverse Possession When the Owner is Unknown

    The highest form of title is described here:

    "The lapse of time limited by such statutes not only bars the remedy, but extinguishes the right, and vests a perfect title on the adverse holder." ...
  13. Adverse Possession: Re: How to Establish Adverse Possession When the Owner is Unknown

    Having not spent much time reading my previous posts in the thread, which fact is apparent, I would only point out to you that I never said that AP was eaily proven (I think I have already said as...
  14. Adverse Possession: Re: How to Establish Adverse Possession When the Owner is Unknown

    As I stated earlier in the thread, this is not about the OP at all, but about the overall concept of AP in general, which has been brought up in the thread, and has has been discussed here previously...
  15. Adverse Possession: Re: How to Establish Adverse Possession When the Owner is Unknown

    Not at all. Record title fails in every instance of the the context of actual title. That is my point and it is the point of the courts. A perfected adverse title, not requiring recognition by any...
  16. Adverse Possession: Re: How to Establish Adverse Possession When the Owner is Unknown

    True enough and I think that I posted the equivalent in my first post of the thread. The sole point of my comment was that title passes when the stautory requirements of the state are met, and not...
  17. Adverse Possession: Re: How to Establish Adverse Possession When the Owner is Unknown

    I'm not sure that I am getting your meaning, If the elements for adverse posseion actuaslly occured several years ago, title is vested with the adverse claimantat that time. After that time, the...
  18. Adverse Possession: Re: How to Establish Adverse Possession When the Owner is Unknown

    Actually, courts have consistently supported the position that, once an adverse claim satisties statutory requirements, title lies with the claimant at that moment.

    This seems to be a widely...
  19. Purchase Contracts: Re: Purchasing Land that is Subject to an Easement

    Difficult to say from here. It is a question of intent. A deeded easement cannot necessarily be eliminated in such a manner. Deeded easements to be given up need to be extiguished in a very...
  20. Surveys: Re: Can My Neighbor's Surveyor Be Held Liable for Legal Fees I Incurred Due to His Er

    That is the crux of the matter. We don't know here what the actual error was so there is no possible opinion nere as to the magnitude of the error (surveyors would term this a "blunder") or the cost...
  21. Purchase Contracts: Re: Purchasing Land that is Subject to an Easement

    Actually, there has to be some sort of grant of easement. The second sentence of the phrase I have quoted is another sentence from this poster unintellgible in the English languge. Just another such...
  22. Water Runoff: Re: Drainage Ditch on Property Without Recorded Prescriptive Rights

    In purchasing property with questions, it is best to be represented by a local attorney, during the negotiations and at closing. All of the answers will be forthcoming. It's the cheapest insurance...
  23. Purchase Contracts: Re: Purchasing Land that is Subject to an Easement

    There is not nearly enough information provided so far in the thread to even stae an opinion.

    As a surveyor, when I read:

    "which includes the 40.00 access" and also "The 40" access described"...
  24. Seller Disclosure: Re: Closed on House on Friday and 5 Days Later Found All Fraud

    Just repeating what I said earlier in the thread: your title policy likely has absolutely no bearing on an HVAC claim. There may have been other insurance regarding HVAC, appliances, etc. offered at...
  25. Vegetation: Re: Neighbor Asking Us to Pay for Half the Cost of Removing a Tree That is Pushing Fe

    The point really missed in this situation, is that there are no damages at the point of the inquiry.

    The issue brought to the forum was an issue of equity, and not one of damages. I am almost...
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