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Deed Overlap Please Help

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(@lakedude)
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So there is a Farmer tot he West of a subdivision that was created back in 2006. Before 2006 both properties were farm land. In 1963 the Farmer to the west bought the property and had meets and bounds survey done on the property. It says he bought 131.1 ac from an abstract that only has 124 he didn't buy the entire abstract he purchased close to 90% of it. As we all know if there is more land in this abstract then it's still owned by the state. But the State said just recently that there is no overage thus the reason for the deed over laps all around him. His deed has typos and clear measurements off by 726 feet going through people homes in the subdivision. Title for all the 12 lots and 7 homes affected on those lots. All these homes were built spanning from 2007 to 2016. The subdivision was plated in 2006. There was actual drawn survey from a owner prior to the subdivision created that matches that plat. The Deed matches the Library of Congress Abstracts of Texas in 1856. From the looks it looks like some time between 1901 and 1963 was when the deed was changed to a fence line. There was never pins used nor evidence used on the ground from surround surveys. Jump to 2009 he has a survey crew come out and survey his property and pound pins every where disregarding pins that are already in place for over 40+ years. (Prior to this his survey didn't mention pins even tho they were on the ground) The crew that came out didn't have a licence and had someone else in a different town sign off on the report. (That crew has been reported to the state). Jump to 2017 now the Farmer is suing everyone on that line. When another crew came out they found his deed has three lines on that same side of the property depends on what part of the deed you go by they all conflict and they even over lap his own plots that he owns by 12 feet all around. Talk about a birds nest here. But makes it even better is that the Farmer decided that since the brush was to thick with posing ivy and oak that he would just build his fence 10 feet over onto everyone's lot. People in the subdivision didn't put up with it and have taken it all down after he put it up and they had their surveyors done. Everything around him is platted and the Farmer is clamming that the plats all are encroaching on his land. Mind you that his survey only said follow the fence line that he kept moving over to try to claim more land. Am I missing something?

 
Posted : May 22, 2017 6:45 am
(@kjypls)
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first!

#popcorn

 
Posted : May 22, 2017 6:48 am
(@lakedude)
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lakedude, post: 429408, member: 12730 wrote: So there is a Farmer tot he West of a subdivision that was created back in 2006. Before 2006 both properties were farm land. In 1963 the Farmer to the west bought the property and had meets and bounds survey done on the property. It says he bought 131.1 ac from an abstract that only has 124 he didn't buy the entire abstract he purchased close to 90% of it. As we all know if there is more land in this abstract then it's still owned by the state. But the State said just recently that there is no overage thus the reason for the deed over laps all around him. His deed has typos and clear measurements off by 726 feet going through people homes in the subdivision. Title for all the 12 lots and 7 homes affected on those lots. All these homes were built spanning from 2007 to 2016. The subdivision was plated in 2006. There was actual drawn survey from a owner prior to the subdivision created that matches that plat. The Deed matches the Library of Congress Abstracts of Texas in 1856. From the looks it looks like some time between 1901 and 1963 was when the deed was changed to a fence line. There was never pins used nor evidence used on the ground from surround surveys. Jump to 2009 he has a survey crew come out and survey his property and pound pins every where disregarding pins that are already in place for over 40+ years. (Prior to this his survey didn't mention pins even tho they were on the ground) The crew that came out didn't have a licence and had someone else in a different town sign off on the report. (That crew has been reported to the state). Jump to 2017 now the Farmer is suing everyone on that line. When another crew came out they found his deed has three lines on that same side of the property depends on what part of the deed you go by they all conflict and they even over lap his own plots that he owns by 12 feet all around. Talk about a birds nest here. But makes it even better is that the Farmer decided that since the brush was to thick with posing ivy and oak that he would just build his fence 10 feet over onto everyone's lot. People in the subdivision didn't put up with it and have taken it all down after he put it up and they had their surveyors done. Everything around him is platted and the Farmer is clamming that the plats all are encroaching on his land. Mind you that his survey only said follow the fence line that he kept moving over to try to claim more land. Am I missing something?

I have obtained the deeds from today going all the way back to 1856 on both sides of the fence.

 
Posted : May 22, 2017 6:55 am
(@lakedude)
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You can check off every box for the Farmers land on his deed. All the plats are dead on with measurements.

The following, if present in a description of rural Texas land, are nearly always a red flag that serious research will be needed.
- Description in bearings to nearest 1/4 degree,
- Distances in yards or steps,
- Distances to nearest vara or 1/2 vara,
- Description that appears to have been written by non-surveyor,
- Call for original land grant line with no mention of any tie to any original corner,
- Call for meanders of highly irregular wire fence as being some line "as fenced and used on the ground" or similar phrase,
- Calls for courses and distances with no indication that survey was made,
- Differing monument descriptions at nominally the same corners of adjoining properties with no explanation in the record,
- Calls for fence along State highway right-of-way,
- Calls for land to consist of parts of more than one land grant,
- Reference to subdivision map not of record, and
- A bunch of other things.

 
Posted : May 22, 2017 7:00 am
(@flyin-solo)
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cool, good info. just for the sake of clarity: are you a surveyor?

cuz if so, i'm sure you'll forgive us all if we first finish our ritual monday morning counting-of-our-personal-hordes-of-gold from last week's profits before we go offering plenty of free expert advice.

if you're not a surveyor, please know that we have to count our vast stockpiles of profit every monday morning before we can get to our weekly alloted time of charity advice to aggravated land owners and/or their attorneys.

 
Posted : May 22, 2017 7:00 am
(@lakedude)
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flyin solo, post: 429412, member: 8089 wrote: cool, good info. just for the sake of clarity: are you a surveyor?

cuz if so, i'm sure you'll forgive us all if we first finish our ritual monday morning counting-of-our-personal-hordes-of-gold from last week's profits before we go offering plenty of free expert advice.

if you're not a surveyor, please know that we have to count our vast stockpiles of profit every monday morning before we can get to our weekly alloted time of charity advice to aggravated land owners and/or their attorneys.

Land Owner but I have obtained all the documents needed. I have hired a surveyor that puts his deeds into question and the math they added up on the other side of the fence. Looking at what I need to look for maybe what I missed getting documents or advice. Not looking for a charity advice that's why I haven't posted any surveys or deeds up to bother people with to read.

 
Posted : May 22, 2017 7:07 am
(@scott-ellis)
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Please post the deeds, and I have never heard of using the Library of Congress as a deed research. Until I see some deeds and the Plat I am thinking this is just bait.

 
Posted : May 22, 2017 7:07 am
(@kris-morgan)
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flyin solo, post: 429412, member: 8089 wrote: cool, good info. just for the sake of clarity: are you a surveyor?

cuz if so, i'm sure you'll forgive us all if we first finish our ritual monday morning counting-of-our-personal-hordes-of-gold from last week's profits before we go offering plenty of free expert advice.

if you're not a surveyor, please know that we have to count our vast stockpiles of profit every monday morning before we can get to our weekly alloted time of charity advice to aggravated land owners and/or their attorneys.

I was having a similar thought. There is nothing wrong with being a vigilant landowner; however, assuming that reading the deed makes everything crystal clear is interesting at the least.

Seems like a surveyor is needed in that county who has some specific knowledge of the area.

 
Posted : May 22, 2017 7:10 am
(@kris-morgan)
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Scott Ellis, post: 429415, member: 7154 wrote: Please post the deeds, and I have never heard of using the Library of Congress as a deed research. Until I see some deeds and the Plat I am thinking this is just bait.

I'm thinking google lead the OP to there instead of the GLO and look at the notes and jacket.

 
Posted : May 22, 2017 7:11 am
(@douglascasementl)
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I like to have my Wheaties first, too.
[emoji289]

That poster, RADAR; sure is a swell guy.

 
Posted : May 22, 2017 7:12 am
(@kris-morgan)
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lakedude, post: 429414, member: 12730 wrote: Land Owner but I have obtained all the documents needed. I have hired a surveyor that puts his deeds into question and the math they added up on the other side of the fence. Looking at what I need to look for maybe what I missed getting documents or advice. Not looking for a charity advice that's why I haven't posted any surveys or deeds up to bother people with to read.

If you think you have everything needed, then why need a surveyor. I get from the tone of the posts that you're upset; however, you need specific advice and while it's great to give everything to the professional, he/she may determine that other information is necessary.

 
Posted : May 22, 2017 7:13 am
(@kris-morgan)
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douglascasementl, post: 429419, member: 11341 wrote: I like to have my Wheaties first, too.
[emoji289]

That poster, RADAR; sure is a swell guy.

He's a dork and you know it. 🙂

 
Posted : May 22, 2017 7:13 am
(@scott-ellis)
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Kris Morgan, post: 429418, member: 29 wrote: I'm thinking google lead the OP to there instead of the GLO and look at the notes and jacket.

That is possible, if he can pull all the deeds back to 1856, he should also be able to pull the abstract.

 
Posted : May 22, 2017 7:13 am
(@lakedude)
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Scott Ellis, post: 429415, member: 7154 wrote: Please post the deeds, and I have never heard of using the Library of Congress as a deed research. Until I see some deeds and the Plat I am thinking this is just bait.

New to the site will not let me post a file...

 
Posted : May 22, 2017 7:16 am
(@scott-ellis)
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lakedude, post: 429423, member: 12730 wrote: New to the site will not let me post a file...

Then what County and Abstract name and number.

 
Posted : May 22, 2017 7:19 am
(@lakedude)
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Kris Morgan, post: 429420, member: 29 wrote: If you think you have everything needed, then why need a surveyor. I get from the tone of the posts that you're upset; however, you need specific advice and while it's great to give everything to the professional, he/she may determine that other information is necessary.

Yea upset but put that aside seeing what I need that I might have missed. I have went to previous land owners and was able to get surveys prior to the subdivision being created. They support the plat. Was able to get a copy of the Farmer's surveyor that isn't signed that he claims to be official....

 
Posted : May 22, 2017 7:21 am
(@foggyidea)
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lakedude, post: 429408, member: 12730 wrote: As we all know if there is more land in this abstract then it's still owned by the state. But the State said just recently that there is no overage thus the reason for the deed over laps all around him.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

I guess that I'm one of those that don't know that.

If the abutting deeds call for the neighbors then there is not a gap....... (or overlap, as you stated.)

 
Posted : May 22, 2017 7:21 am
(@lakedude)
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Scott Ellis, post: 429425, member: 7154 wrote: Then what County and Abstract name and number.

Abstract 92 and 1640

 
Posted : May 22, 2017 7:21 am
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lakedude, post: 429428, member: 12730 wrote: Abstract 92 and 1640

What County?

 
Posted : May 22, 2017 7:23 am
(@lakedude)
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Kris Morgan, post: 429418, member: 29 wrote: I'm thinking google lead the OP to there instead of the GLO and look at the notes and jacket.

The Library of Congress has a drawn survey that shows the counties.

 
Posted : May 22, 2017 7:24 am
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