@fairbanksls I am not interested in being friendly, but I would pretend and try to talk to the adjoiner to help figure this out.
Just to be neighborly I’d talk to the adjoining property owner.
I've talked. The neighbor knows nothing about the brook, and was even unaware that his backyard fence is over into the town property. He'd probably be willing to agree to anything, to be able to keep the fenced in land. But chances are, no one will do anything
@aliquot Bingo. It is our job to recover and evaluate evidence. We continue looking for evidence until we have met the laws, rules, and standard of care.
What have the owners done since parcel creation? Do riparian rights come into play? Did they list acreage that points to one or the other wall?
Bill makes a good point about deeds being construed against the grantor, but that isn't the case in all jurisdictions. The deed may (and probably should) be construed against the preparer of the description. That may become important if you have to take off your survey hat and become the mediator. It helps define the range of possible outcomes...
Thanks for the lesson.
My post was to see if anyone was seeing something in that description that I wasn't, not necessarily how to survey
@jph My post was a reply to Aliquot where I restated and expanded on his post. Nothing I wrote says 'JPH this is how you survey '.
@jph My post was a reply to Aliquot where I restated and expanded on his post. Nothing I wrote says 'JPH this is how you survey '.
And my post was in response to james-vianna, not directed at you.
It may be worthwhile, if the owners are agreeable, to have essentially an affidavit signed by both affected parties before a notary, on the face of the map of survey, which is then recorded and brought into the public record, due to the ambiguity of the deed(s) of record.
There’s probably a late 1800’s postcard showing both walls the brook and more importantly the garden. I did research a couple of times at a historical association when in Upstate NY. Surveying is so much fun. Lol
There’s probably a late 1800’s postcard showing both walls the brook and more importantly the garden. I did research a couple of times at a historical association when in Upstate NY. Surveying is so much fun. Lol
It's a minuscule chance, but I was also wondering if the lot might be shown on a map in an old fire insurance atlas.
Thanks, I'll be looking around, but this is a wooded area, and no one is using up to the bank on either side. So, it'll be tough to determine this by use.
Thanks for most of the input
