Activity Feed › Discussion Forums › Business, Finance & Legal › Property boundary dispute with lawyers involved
Property boundary dispute with lawyers involved
MightyMoe replied 4 years ago 24 Members · 36 Replies
I keep personal notes about my survey days, so if I go back, say a year later, I can say to the neighbor, “How is Levi doing?” Levi in this case would be the pet goat and you would be surprised at how much people appreciate the friendly touch. My apparent perfect memory also astonishes them.
I am a land surveyor in California and have called the police a number to enforce my right of entry. The police typically stay around until I am done (which, of course may take hours). I only do this with the consent of my client, and after making a sincere effort to reason with the neighbor. I always have a number of ‘packets’ in my truck which contain the portion of the law that covers surveyors right of entry, a copy of my license, and a copy of my driver’s license. Once the police see this they typically have no problem enforcing the law.
@bruce-small I’m not allergic to poison ivy so that’s when I would lead them through a large patch. (grin)
Andy
back story to Huell Howser’s visit to the northeast corner of California, the local guides took him the “long, scenic” way heh heh. No poison oak that I know of, though.
my favorite was the resisting neighbor telling the cop “that’s where my surveyor told me the corner is” as I was setting the pipe.
The key word is “lawyers”. A valid dispute can and should be resolved amicably between neighbors. In Colorado, there are 3 statutory means by which a valid dispute can be resolved between landowners, all requiring a surveyor. Going to court is the 4th, but that is a legal process, not a survey process. I advise anyone who asks, with total truth, that there is no such thing as ‘winning’ in court
If I hear dispute, problem, issue, etc. I’m booked for a year.
Buck buck buck buck buck buck, buuuuuuuuuuuuuuuuuuck
Embrace the challenge. Education and fun may ensue.
Most of what we do may end up causing disputes, problems, issues, etc. Might as well jump on at the ground floor instead of waiting until after everyone else’s temperatures rise. Then, when you get hauled into the mess it will be a much bigger problem.
I hear dispute, problem, issue…I hear a project that will pay out many thousands of dollars over many years…
-All thoughts my own, except my typos and when I am wrong.Folks must actually pay their bills without arm twisting in your part of the world.
Our access law
??27. Power of entry on land
(1) For the purpose of conducting a survey, a registered surveyor or a person assisting a registered surveyor may, at any reasonable time, in accordance with this section ??
(a) enter on any land, including land that is not to be surveyed; and
(b) open a door, gate or fence; and
????(c) place a survey mark on the ground of any land entered; and(d) enter any building; and
(da) break up the surface of any land, whether paved or not, to search for survey marks or physical objects; and
(e) trim a tree or bush obstructing a survey.
(2) Nothing in subsection (1)(e) authorises a registered surveyor to trim a tree or bush if, in so doing, he or she would contravene or fail to comply with ??
(a) any other Act or law; or
(b) a permit granted under any other Act; or
(c) a condition attaching to any other authority so granted.
(3) A registered surveyor or a person assisting a registered surveyor may enter on land that is not owned by the person for whom the survey is being conducted only if, before entering, the surveyor has given to the owner of the land reasonable notice, oral or written, of the surveyor’s intention to enter on the land.
(4) A registered surveyor or a person assisting a registered surveyor may enter a building or part of a building that is not occupied by the person for whom the survey is being conducted only ??
(a) if the occupier has consented, orally or in writing, to the entry; or
(b) in accordance with an order of a magistrate.
(5) A registered surveyor or a person for whom a survey is being, or is to be, conducted may apply to a magistrate for an order under subsection (4)(b) .
(6) A person must not, without reasonable excuse, hinder or obstruct a registered surveyor, or a person assisting a registered surveyor, in the exercise of the surveyor’s powers under subsection (1) .
Penalty: Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 6 months, or both, and a further penalty not exceeding 5 penalty units for each day during which the offence continues after conviction.
Got a phone call from a Civil Engineer (he is pre-82) yesterday. Needs access to topo my backyard because of the drainage easement which unfortunately has no pipe in it because back in 1981 another long time firm convinced the County to only require the easement but not the pipe. There is not even a stub from the manhole in the street to the R/W, what kind of cheap-blanking cow effluent is this? We talked about that, he said it’s just wrong they allowed that. So he’s sending a crew over to topo my backyard. Two redwoods, a cedar and a lot of privets (don’t care about them so much but ironically they aren’t as much in the way), hopefully the destruction is not too bad.
- Posted by: @holy-cow
Education and fun may ensue
Education and fun are overrated; EBITDA on the other hand…..
The last one that came through the front door began with; we have little money, we are in town to buy supplies for the year, we have been fighting with the neighbor over this for 5 years, there was a survey done but it isn’t right…………
Usually that’s how it goes with “disputes”.
The other kind seem to want to find out the facts and aren’t too bad.
Log in to reply.