There is also the possibility that the rebar set are not there to represent lot corners at all. They could be traverse points for some other work, simply there to tie in your corners. Or perhaps wetland designation or traverse to it. No way to know with getting that information from the surveyor that set them. If they are some type of control point there would not have to be any map filed to show their locations or purpose. You mention that the section corner is your property corner, was this an attempt to traverse to it? Again, contacting the other guy's surveyor would solve the question and you've said you tried that. Did you come out with both guns blazing, yelling at him and telling him how wrong he is, that he's trespassing and you'll be seeing him in court? If you approached me in that fashion I would have hung up on you as well, especially if the points that worry you don't actually affect your boundary as you "assume" they do. If that was the case could you back step and try a nicer approach? Nobody appreciates being harassed for something that is misunderstood.
So I??ll take you neighbors side, not that is correct, it may or may not be. ?ÿHis surveyor may have taken his deed and surveyed it 100% correctly. ?ÿIt may for whatever reason overlap with your deed by the 100 feet. ?ÿHe also may or may not have a better claim to it than you do. ?ÿ
Two things, you need to get your gold plated surveyor back out there. ?ÿHe then needs to figure out what the neighbors surveyor did. Have you talked to the neighbors?
Lots of tremendous and smart feedback - thanks all.
Adding a few more pieces...?ÿ no doubt there's a boundary dispute.?ÿ The neighbor is hostile and not talking or sharing anything.?ÿ The legal descriptions of my 30 and the neighbors 300x300 do not conflict with one another, they fit.?ÿ The history is the 300x300 was carved out of the 30acres maybe 100+ years ago.?ÿ I believe the problem is in 1930 or whenever, the surveyor had to pull his chain through a swamp and up a very steep bank.?ÿ So, since not pulling the chain purely horizontally, he came up short.?ÿ Thus the 100 foot error.?ÿ ?ÿ
The issue will get resolved eventually, I'm just struck by the neighbor's surveyor.?ÿ My 15-yr old, gold plated survey is on file with the County, available to neighbor's surveyor.?ÿ?ÿ
There's been no confrontation, no yelling, or guns a-blazing.?ÿ I appreciate the observations that I could be the bad actor here, but I've been reaching out in a calm manner.?ÿ Regarding the rebar, it is located on the corners my neighbor claims, not traverse points.?ÿ Granted I could be missing something, but I know my neighbor - a bit of a rogue person, and bottom line I'm surprised a good surveyor would accommodate his wishes/direction without communicating to me, filing maps, etc.?ÿ That's all.?ÿ Perhaps the surveyor didnt give my neighbor the answer he was hoping for, and that may explain why maps werent created.?ÿ I just dont get the rebar...?ÿ ?ÿthat's seems over the line (no pun intended) to me.
This. AND I (note I would do this, this is not advice and may be illegal and/or unethical in your case, or simply a bad idea), but I would yank out anything that supposedly marked the boundary anywhere on my side of the property. I would remove anything that was put on my property by someone else that might be considered occupation.
Mainly, I would build a fence. Substantial if I could afford it, and whatever I could put up if I had no money. And call the sheriff if anyone encroached or tore down the fence.
I am not a lawyer, but my observation is that courts have often seen people defending their land against intrusion and encroachment as evidence that they believe that they own did, do, and will own the land which might be useful.
In the end:
1. Call a few surveyors. Find one that doesn't sound like an idiot. Get a referral for a land use lawyer. Ask for an estimate to get the boundary surveyed.
2. Meet with the lawyer. Pay for the person's time. It will be worth the money. Follow their advice. (I have sat there as a guy tells me that his lawyer advises something, the same thing I would advise, and he wants to go a different route. Just shook my head.)
A gold plated survey would be gold plated only if it recovered the four original corner markers used 100 years ago for the cut out showing the intent of the conveyance at that time. Absent that, there are two opinions marked on the ground. Poor measurements made 100 years ago do not necessarily equate to gross error or fraud. It's more of a question of solving the location of the boundary for the first 85 years after the conveyance based on the landmarks from that era and actions of the owners. In a court a recorded survey might be viewed more credible than one that's not however the court will look for evidence of where the boundary was before either survey in a dispute.?ÿ
So a survey ??error? is what is causing a problem today. ?ÿThis survey happened roughly 90 years ago. ?ÿOf course technology has evolved making a 100?? amount seem huge but maybe in 1930 that was the best they could do. ?ÿ
There is a legal principal that once corners are set, they hold, unless fraud or gross error was involved. ?ÿThe question is was gross error involved? ?ÿFrom what you describe maybe the neighbors surveyor may have recreated what was done in 1930, which maybe the correct solution.
Will the piece of ground the neighbor is claiming badly damage your property? ?ÿDoes it make financial sense to fight it? ?ÿOnly you can answer that.
my 30 has a section corner which has an extraordinary and spectacular marker which has been verified by many surveyors with bearing trees, etc. planted in say 1930 or so.
What constitutes "an extraordinary and spectacular marker?"?ÿ Can you show us a picture of it and the surrounding area??ÿ In other words, what makes this marker so special?
my 30 has a section corner which has an extraordinary and spectacular marker which has been verified by many surveyors with bearing trees, etc. planted in say 1930 or so.
What constitutes "an extraordinary and spectacular marker?"?ÿ Can you show us a picture of it and the surrounding area??ÿ In other words, what makes this marker so special?
The advice of others here is well reasoned.
I know, now I just want to see this extraordinary and spectacular marker!
