Similar issue happened to a map customer here in Utah, only wrong Township, not lot. The call from our customer, a surveyor trying to sort out a job, started out "this USGS Topo Map you sold us has the wrong township printed on it".?ÿ
So the original owned parcel (1/4 1/4) was 6 miles to the east. The parcel had been sold twice since the 'mistake' was made. So current owner had deed to land, with title insurance; purchased from another player, with title insurance; from a third player who's title cited the correct township by quit claim. I guess the third player would have still owned the original parcel however they had died 20+ years prior, so not much benefit to them.
Not sure how it played out. I got sworn to secrecy and have kept out of the drama for many years. I do know that the Title Insurance companies had an out and claimed it was not their problem.
The owners in trespass had graded the lot, graveled an access road, gotten a permit from the county.?ÿ
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He didnt mention it, but I have to wonder if the real owner could lose by estoppel.
He didnt mention it, but I have to wonder if the real owner could lose by estoppel.
But how long did all this take??ÿ Did he ignore it for too long?
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Not sure if time is a requirement for such, just knowledge of it being on his property
The problem described in the video seems like the kind of problem that could occur if the surveyor surveyed both the lot where the house should have been built, and the lot where it was built. If it was a subdivision where all the lots are pretty much the same size, and the surveyor didn't come back out to stake the foundation, it would be a pretty easy mistake to make. All the boundary pins would have the same name and number on the caps.
A good solution is to create clear signs, with lot numbers on them.
I have bought a roll of aluminum flashing, 2 feet wide x some 50 feet long, and hand painted lot numbers on them, to prevent this very confusion. I can post later a pic of one of these signs.?ÿ
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I was involved with a parcel described with the wrong range. No one was confused about where the parcel physically was until the GIS plotted it sometime in the late 90s. Chalk one up for the GIS mappers, they were the ones that got the ball rolling to get it fixed.
@ashton?ÿ
A good example why paying a few more dollars per corner to set durable caps that communicate their identity is a silly thing not to do.?ÿ
We have rural land and a (presumably) absentee owner. Under those circumstances it might be considered normal to only visit his property once in a long while, and so be unaware of the encroachment.?ÿ The seminal case on AP in Oregon (Reeves v. Porta) deals with the responsibilities of absentee owners - namely that it is realistic and reasonable for such an owner to visit his property only very rarely.?ÿ ?ÿ?ÿ
25 years ago I was doing only CAD work. The field crew was trying to stake the lot corners for a house under construction because the owner thought something might be wrong. The crew couldn't figure it out so they located the house and a bunch of markers that didn't make any sense. Back to the office, I finally realized the house was half and half on 2 of the wrong lots. Recently that owner came to me to straighten it out. He had defaulted on his mortgage for his lot with no house on it so the bank now is trying to sell it. The house was blown out by Hurricane Irma and no one can invest in rebuilding where it is. I figured out a way to reconfigure the 2 lots with the house on it so everyone could own their house and there would be an extra lot to sell. Now I'm waiting for everyone to agree to some $$ arrangement to go forward. Everyone's related so that might make it easier or maybe harder.?ÿ?ÿ
Stumbled into one of those with the wrong range by accident.?ÿ Was thumbing through a book of surveys when I saw one done by a not-so-local survey company in a section that was quite familiar to me.?ÿ I know the owner of that half section very well and knew he would have had me do it, if he had decided to slice off this odd tract.?ÿ It made no sense.?ÿ Went further through the survey and realized the tract surveyed was precisely six miles to the east.?ÿ I also know the family that owned that property and knew one of the sons had put a double-wide in the corner of the property where the survey was actually done.?ÿ So, I contacted that family.?ÿ Unfortunately, no one involved in the transfer of ownership, and debt, for the tract had discovered the survey company's mistake.?ÿ This was about three years after the survey.
In British Columbia property corners must be staked with an iron bar and a triangular cedar guard stake, which is painted white and left sticking up about a foot, just behind the iron marking the corner. The adjacent lot numbers go on two of the faces. Such things would be difficult to come by in other places but marking up some lath is a reasonable precaution.
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There is a local developer, they put a sign with the lot# in more or less the center of each lot near the curb and also put a metal fence post behind each corner monument. Then they put a plastic pipe over the metal fence post. Works pretty well, but some plastic pipes got put over posts marking sewer cleanouts and water valves. Fence gets built to the water valve.?ÿ
