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  1. Warranties: Re: Warranty on Construction Services when Installed Under Dierction of Engineer

    So I have a real life corrolary to what payrol wrote. I was the surveyor on a road project where the engineer had mistakenly designed the road at a t intersection with a 2 foot difference in...
  2. Warranties: Re: Warranty on Construction Services when Installed Under Dierction of Engineer

    I don't know much about construction warranties, but this article popped up after a Google search:...
  3. Land Use and Zoning: Re: What Happens if Adverse Possession Reduced a Lot Below the Minimum Permitted Size

    I see a moderator moved this thread. I originally posted in the "debate the issues" forum because it was a hypothetical, and not a real life question. Just for full disclosure.
  4. Land Use and Zoning: What Happens if Adverse Possession Reduced a Lot Below the Minimum Permitted Size

    A court determines that adverse possession rights have ripened for the benefit of Neighbor A. As a result, Neighbor B's property shrinks from 1.6 acres to 1.4.

    The municipal ordinance minimum lot...
  5. Surveys: Re: Neighbor's Survey Stakes are Two Feet Into My Yard Beyond the Boundary Fence

    As a surveyor, two things bother me about the OP's post. 1, "the surveyors were in a hurry", and stakes were set across an obvious occupation line, the fence.

    I'm not saying that the fence is or...
  6. Fences and Walls: Re: Encroachment/Improperly Placed Fence Letter

    While you don't want to go to court, you may still wish to consult with an attorney and have them handle a letter like this. Letters from attorneys have a fright factor well above letters from...
  7. Creation of an Easement: Re: Who Drafts the Deed Conveying an Easement

    I can't speak to NJ specifically, but in general surveyors can only draft the portion of the deed which describes the boundaries of the property; ie the description. Attorneys then take that...
  8. Trespassing: Re: Police Not Honoring My Land Survey, They Told Me to Get

    JK:

    I've seen many axles used as corners, especially by landowners trying to recycle their junkers which they parked "on the back 40." I have absolutely no problem holding an axle for a corner,...
  9. Adverse Possession: Re: Adverse Possession-What is the Real Truth About This

    AP in NC is 20 years; your driveway has existed for 16, so it appears you have not met the statutory period for AP, or even prescription.

    Also, please don't double post.
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    Easement Use and Enforcement: Re: Right of Ways for Public Roads

    In general, a public road is either owned by the Town or controlled (in the form of a right of way) by the Town. Not only is it used for ingress and egress, but the Town has the right to allow...
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    Boundary Agreements: Re: Survey Stakes vs. Dimensions

    The short story, and the general rule of thumb is that monuments hold over measurements.

    You have demonstrated that rule very effectively by this quote: "when i run a string from the stakes...
  12. Boundary Agreements: Re: Easement Shown on Plat but Not Listed on Deed

    More than likely, no.

    In general, if a plat is recorded in conjunction with the deed, then anything on that plat is considered to be a part of the record as if it were on the deed itself.
  13. Fences and Walls: Re: Neighbor Refuses to Discuss Replacement of Falling Down Fence

    First and foremost, is the rotting fence on your side, her side, or is it on the line? If you don't know, then it is time for a survey.

    If it's on your side, and is your fence, it is likely...
  14. Boundary Agreements: Re: Neighbor is Replacing Driveway That Butts Up to Mine

    Along with what yyz0 has written, keep in mind that your City or Town either owns or has a public right of way where the road right of way line is located.

    Often, the driveway "flare" will be in...
  15. Construction Delays: Re: Hindering the Buying Party by Discouraging the Party Saying That It is a Litigati

    This forum deals only with United States of America law.
  16. Easement Use and Enforcement: Re: Can Utility Company Place Lines Without Property Owners Consent

    Keep in mind that the utility company will probably get it's easement, one way or another. I'm not saying you should roll over and give up, but they provide a necessary service, which allows them to...
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    Easement Use and Enforcement: Re: Easements - Fence is Over

    You can feel free to ask why the easement is located with the current configuration, no one here can give you that answer since the possibilities are legion.

    The only way to move an easement is...
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    Easement Use and Enforcement: Re: Easements - Fence is Over

    Do you have a signed and stamped boundary survey produced by a Professional Land Surveyor licensed to practice in Indiana? I'm guessing the answer is no.

    I've never heard the term "onsite...
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    Easement Use and Enforcement: Re: Easements

    And now I have more questions than answers for you.

    The exact granting language of the easement posted here would help to clear up those questions. Feel free to redact any proper names you wish.
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    Easement Use and Enforcement: Re: Easements

    It's his land behind you, and more importantly, it's his easement which is burdening your property. He has the right to lease the land, and when he does that, his lessees would likely gain the right...
  21. Easement Use and Enforcement: Re: Use of Road Easement to Access National Forest

    When speaking to intent in conjunction with deeds, then intent is almost always (in the courts) garnered by taking the deed by the four corners, and reading all words on the page. If there are no...
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    Easement Use and Enforcement: Re: Easements

    Just to clarify - do you benefit by the easements to the east and south, or are you burdened by them?

    If you benefit by the easements, you will likely be able to build a fence up to the far edge...
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    Easement Use and Enforcement: Re: Understanding Easement Language

    An easement burdening your property does not have to appear on your deed. As long as it's on record, it is valid.

    If you want to read the easement for yourself, ask for a copy of the deed from...
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    Adverse Possession: Re: Does My Deed, Paid Land Survey and City Hall Documents "Hold Any Water"

    The assumption that the lathe was the boundary by both landowners is an almost classic case of acquiescence, a doctrine already mentioned by JK. But, as JK also mentioned, the statutory period (15...
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    Fences and Walls: Re: Property Line Fence

    This forum deals only with U.S. law.
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