Deed Versus Long Term Occupation

half-bubble · 2022-04-20T16:29:00Z

The neighbor's fence is between a foot and three feet over the deed line. And the fence is shown on a 1990s survey. This is holding up the building permits, because if the fence is treated as the boundary, the house no longer fits within the setbacks. I have had other jobs where I advised the builder to treat the occupation as the boundary line and apply setbacks from the long term occupation and not the deed line. Advised this client the same, but he believes the city will give him the permits if he can run a string from deed corner to deed corner and show that his foundation stakes are properly set back from the deed line and never mind the fence. He has built more houses than I have so he may have more practical knowledge. As Jerry Broadus says in his book, every boundary survey is in part a prediction of how the court would rule. If the adjoiner wanted to exercise their unwritten rights and do a boundary line adjustment, seems to me it would be a slam dunk in court. My opinion is that the builder needs to treat that fence line as the boundary and trim the house design. Builder's opinion is to wait and see what happens. Adjoiner's opinion is that the surveyor got it all wrong. ?ÿ

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Strictly Surveying

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Posted by: @makerofmaps

Attachment : Adverse Posession Montanna Hart v. Hale 2022-da-21-0537.pdf

?ÿIf you are in Montana read this gem. If you are not it is still probably a great gem to read.?ÿ

Wow, what a prick showing up to try to steal land 40 years later...?ÿ Ha

?ÿ

Posted : April 30, 2022 12:23 pm

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Deed Versus Long Term Occupation

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