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  1. Re: Can Temporary Wooden Stakes or Lath with Ribbon Be Removed from the Property Line

    In your previous post you suggested that temporary construction markers placed on a construction site by a licensed surveyor to indicate building location, elevations, etc. were protected by the same...
  2. Re: Can Temporary Wooden Stakes or Lath with Ribbon Be Removed from the Property Line

    In Missouri, "approved monumentation" is described in "2 CSR 90-60.060 Approved Monumentation"

    AUTHORITY: sections 60.510(7) and 60.550, RSMo 1986 and 448.2-109, RSMo Supp. 1988.*
    Original rule...
  3. Re: Are There Any Holes in My Adverse Possession Case - Before I Take It to Court

    As Budwad clearly points out:

    All you are is a trespasser with no property interest in the property.

    You are precisely the target of the 2014 "squatters" acts.

    So you return some day to find...
  4. Re: Are There Any Holes in My Adverse Possession Case - Before I Take It to Court

    I wonder if sometime in the near future, before the OP "perfects" his claim to the property, he returns home after work, shopping, etc. and discovers:

    1. The owner or his agents have entered the...
  5. Re: Are There Any Holes in My Adverse Possession Case - Before I Take It to Court

    Michigan has some laws on the books relating to squatting, trespassing, eviction, etc. with which the OP should become more familiar, specifically PA 223 and PA 224 of the 2014 session.

    The OP...
  6. Surveys: Re: Neighbor Dug Up Surveyor Corner Marker Rod, What Are Consequences of This

    We dealt with this a while back.....

    https://www.expertlaw.com/forums/showthread.php?t=111583

    If actually removed (not just the cap) it's theft of your property and vandalism with the theft...
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    Easement Use and Enforcement: Re: My Garage is on an Granted Easement

    I agree that it is best to consult an attorney in the matter.

    The attorney will have a variety of defenses to explore. One of the first will be to determine the date of the creation of the...
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    Trespass: Re: Neighbors A/C Unit on My Property

    This would be the perfect time to write a letter to the neighbor, but do not ever write and send it yourself.

    If you do not already have an attorney, check around for one and have them write and...
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    Fences and Walls: Re: Neighbor Leaning Stuff on My Fence

    This sounds like a reasonable approach. Understand that, in Ohio, adverse possession claims are very difficult to pursue and win. I wouldn't worry about it.

    Something else I would do: check with...
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    Fences and Walls: Re: Neighbor Leaning Stuff on My Fence

    Of course we are not talking about a fence problem, but a neighbor problem.

    Your survey, to be ordered, is the only correct first step in addressing the issue. As an Ohio Licensed Surveyor (fully...
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    Re: Property Line

    I might with a bit more information. Spent years surveying boundaries in West Virginia. What I would need to know:

    The full unredacted property description. PM it to me with the messaging...
  12. Title Defects: Re: Easement for the Pleasure of the Community

    The OP has told us that the easement in question was created in 1955 by a court order. As it is doubtlessly a matter of public record, it may be valid without being found in other county records. ...
  13. Ownership Rights: Re: Blocking Irregular Private Road Connection

    You make a good point. His "many many years" of easement experience date from his entrance here in 2013. He has learned a bit from me over that time, as I have actually created easements and he has...
  14. Re: Gate/Fence Easement Notification/Access to All Parties

    Do not build these gates and then ask if they comply.

    That would be the correct approach.
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    Re: Road Easement Has New Access

    Do the "man toys" constitute any part of a business? For example, are you opening a vehicle repair, storage, customizing etc. operation?

    If it is all for your own personal use, it is unlikely...
  16. Re: Does Servient Owner Have Right to Maintain or Improve Easement

    "The developers parcel is included in the written easement."

    Easements serve specific named parcels of land. As the developer's parcel is named in the easement, the developer is the dominant...
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    Re: 60 Day Notice

    An example of why this site has such a poor reputation as a legal resource on the internet. When I joined, many years ago, the owner actually moderated it for a while.

    Today, it just sounds like...
  18. Deeds - Quitclaim: Re: Can Land Quit Claimed to a Utility Company Later Be Sold As Part of a New Lot

    Wow, what a snarky useless post.

    First we have the useless and insulting question of have I been to all of the assesors offices? Pure snark. All of the offices disclaim on their websites any...
  19. Deeds - Quitclaim: Re: Can Land Quit Claimed to a Utility Company Later Be Sold As Part of a New Lot

    All assessor's offices in California specifically disclaim any function of giving legal advice.
    Addressing discrepancies in deed descriptions is solely the function of licensed surveyors in...
  20. Deeds - Quitclaim: Re: Can Land Quit Claimed to a Utility Company Later Be Sold As Part of a New Lot

    No, you cannot. They cannot give legal advice or opinions regarding lot dimensions.

    Small claims court provides no relief in such matters. If you spent $5k with an attorney, and got nothing, you...
  21. Title Records: Re: How to Check My House's Current Title

    Difficult to answer from here.

    It's possible that the "revocable" trust was revoked for purposes of refinancing. You may have signed some paperwork at the time which was not well-explained to...
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    Homeowners Associations: Re: HOA at War with Me

    At this point the HOA is represented by an attorney and you are represented by an owl.
  23. 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....
  24. 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.
  25. 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...
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