If you remove your fence, a sliver of their lot (according to the survey) is on your side of their fence. It would seem like there would be no reason for you to refuse to maintain that little strip along with your own lawn. They appear to be giving you, free gratis, use of that land. You could politely ask them if it is ok for you to mow it or plant flowers on it. If relations are not already too soured, most people would agree to that. If they say no, then you need to learn your legal rights and their responsibilities.
I can think of at least one good reason not to maintain that strip, Zebra said they had built up the ground adjacent to it and it may well end up being a drainage nightmare.
"Capped iron rods indicate that they are newly installed, because the surveyor found no prior monument for that corner. One of the new pins is in an area you had dug in without finding any old pipe or rod monument, further indicating that it is newly installed."
In some areas, that is not always the case. I know there are surveyors who will put their cap on an uncapped rod they find it or inside of an uncapped pipe they find. Their plat usually reflects that they found an iron and capped it as a means of showing it is the corner.
> I can think of at least one good reason not to maintain that strip, Zebra said they had built up the ground adjacent to it and it may well end up being a drainage nightmare.
I think vern is hitting on a huge issue. It is against the law, at least in my State, to cause a change in drainage onto a neighbor's property. If that is the case here, I would want to deal with it right away, before you have a storm that might cause more water to drain onto your property than it was designed to take.
As to the fence, if the neighbor built a fence a foot onto his own property, he or she has a right to do that. If it is on the common property line (at least according to him), then the fence would be half yours even if he spent the money to build it. I would think a fence "on" the line should or would need to be agreed to by bother property owners. Otherwise, you can build a fence wherever you want it on your own property.
If you are serious about pursuing this issue, I think you definitely need to contact the surveyor that the neighbor used and/or get the line surveyor by a different, independent surveyor. Some people take this kind of property dispute extremely seriously and will spend thousands fighting it in court. But I would advise working out a solution between your neighbor if at all possible.
As to the other surveyor, you should be able to get his license number off the cap (which would be attached to a rod) and the licensure information is of public record. You should be able to find the name of the guy by calling the board of licensure, or visiting their web site.
'recording' not required for all surveys in Ohio, only if you are creating a new parcel. If survey is retracement of existing boundary lines, then client is only one required to get a copy. OP try the county engineer's office, they usually keep copies of all prior surveys on file.
O.A.C. 4733-37-05
(B) A copy of this drawing shall be given to the client. When required, another copy shall be filed with the appropriate public agencies.
Thanks I am getting a lot of information from everyone. I had not thought of the drainage problem that could happen. Two years ago the water was running from the front of our properties between the houses (land slopes down toward the back) causing a ditch between the garages. I fixed the problem by installing drainage pipes underground between the garages. The neighbors yard is now a foot higher than mine. I will have to wait and see if this will now cause a new drainage problem.
Did I mention a patio is being built the length of three sections of his fence. Which I have no issue with. My question is how will this effect the drainage if any?
I live in Ohio.
Have not been able to find them it has been raining and raining. Hope to do it this weekend.Thanks
These instructions you have stated is what I was told at the tax/surveyor office. I was told to measure the road (next to the first parcel) which was to be 49 1/2 feet wide. Then each parcel would be 55 feet wide. Except the road is not 49 1/2 feet wide. They did not give any instructions from there. Do you know?
Are you encountering that the paved surface of the road is not 49.5'? This is a common misconception, when speaking of the "road", in this instance, what is actually being referred to is the right-of-way. The ROW width is 49.5', not the traveled way.
> Did I mention a patio is being built the length of three sections of his fence. Which I have no issue with. My question is how will this effect the drainage if any?
The more impervious surface, the less rain water to recharge the aquifer and the more run off.
Most jurisdictions have restrictions as to how much impervious surface is allowed. Did they get a building permit?
Sorry about not enough information. Yes, I had a verbal agreement with the prior owner. The prior owner is the one who told me her garage was two feet on my property. I told the present owners of this. When I installed the fence we both agreed I would go one foot from her garage toward my property. I was told by this present owner that they had a survey done, but I found none recorded. Tax/survey office told me surveyor found the pins and did not need to record as a survey being done. Trying to explain this sorry. The front pin has my driveway on my property. The drive is 30L x 10W ft. At the end of the drive where the fence begins the survey flag is over by 5 inches (in front of fence) at the other end (48feet) of the fence the surveyor flag is in line with the flag at the front of the fence. Between the garages is the location of the next pin and another flag. They are not inline with the first two flags. There are no strings or anything from one flag to the next. When one stands at the back looking up in between the garages I can see the difference. Does it still make 4-sided lots? No he only did pins between my yard and his. None on other side of my property. Yes they made their fence a foot taller than mine. Bottom of fence is one foot off the ground. Which is about 3 sections of fence. Then the rest is the same height as mine. I called it a spite fence, because before he installed his fence he built the ground up a foot on to my fence and was going to pour a concrete patio against my fence. I ask him not to pour the concrete against the fence. He also wanted me to move my fence (back further in the driveway) to accommodate how he could attached his fence to his house. Anyways theirs more he wanted me to do. When I explained my fence was done and I was not changing it...well that is when things went well wrong.
He stopped talking to me. I have been talking to his girlfriend (land owner) better conversation. They sure are not going to pour concrete up against their fence thus the reason for the fence height off the ground.
It's not the flagging that you need to look at to see if the points line up, it's the iron pipes or pins at ground level. Unless the flagging is set to be precisely over those points in the ground, they wont tell you anything except that the actual point is nearby in the ground.
If your neighbor piled up dirt next to your fence and poured concrete on top of it, I'd be concerned because the fence is not sufficient to provide long-term lateral support to the dirt/concrete vertical face. Even at 1' high, he should have built a retaining wall of some kind. Hardware & building supply stores sell various types of landscaping block designed specifically for that purpose.
Piled up next to the fence, the dirt and anything placed on it close within a couple feet of the edge will exert a lot of force against the fence. As gravity works to settle and compress the fill dirt, it will tend to want to spread laterally as well, exerting more force against the fence. This will begin to push the fence over toward your lot over time, eventually causing its collapse and most likely the collapse of the edge of the fill and breaking of the edge of the concrete patio, which will all come tumbling, in extremely slow motion (over many months unless some additional weight/force is added, causing a collapse that happens over just a few moments) onto your lot.
That manner of building up his grade (level of ground) is certainly a code violation. If he cut this corner, he probably bypassed others as well.
As to the lot line location, if your prior guess, based on your prior neighbor's best guess or recollection is within 5" of the surveyed location, I'd say that you and your prior neighbor probably guessed pretty well. Fighting over the lot line as recently surveyed sounds like something that you're not likely to get very far on.
Checking your neighbor's building methods and project against local codes and permits issued by the City or County (depending upon whether you are in or out of city limits) seems like something you could pursue to ensure that your neighbor at least does not damage your property in the process or as a result of the construction of his improvements.
Best course of action, IMO, is to contact the local building department to ensure that he has the proper permits, describe what your neighbor has done and request that an inspector stop by to check it out. Once your neighbor is in compliance with the permits issued for the project, move your fence off their side of the line and be satisfied that you ensured that they didn't build in a way that may damage your property and that you got your line located professionally without having to pay for it.
What do you mean by ROW width is 49.5'? The tax/survey office said the with of the road is 49 1/2 ft. The first lot would start at the 49 1/2 ft. mark. I must have not understood correctly.
This town does not require a building permit for fences, patios or swimming pools.
> What do you mean by ROW width is 49.5'?
24.75 feet either side of the centerline.
Everything you said I explained to this guy as to why I did not want him to build against my fence. He had already built dirt up and poured the gravel against the fence. When I ask him what he was doing his answer was do you want to have a pissin contest. Thus my reason for being on this web site looking for good advice. Thus my reason for going to the tax/survey office. Thanks
24.75 feet either side of the centerline. Well each side is 12.5 feet. How do I get the 49 1/2 feet measurement? Thanks
The 49.5 ft width given is the right of way (abbreviated ROW), which the government body that maintains the road has control of (either by easement or ownership), and is usually a lot wider than the pavement. Even though you may mow up to the edge of the pavement you don't necessarily own that strip.
The front survey pin set or found by the surveyor should be at the edge of the right of way.
Also be aware that measuring 24.75' from the centerline of the pavement is often a good method to find the right-of-way limits, it is not always true. The physical road is not always centered in the right-of-way corridor. There was usually an effort to do that, but it is not a requirement, and not always done. Their only limitation is that they should not be building the road outside the right-of-way corridor.
If you measure 24.75 from the centerline and then start to find that you are matching property pins and fences, there is a good chance that the road was indeed laid centered in the corridor.
Hire a surveyor. Too much "he said/she said". Then you have a leg to stand on.
Simple as that. Otherwise let the the issue drop.
My advice.