On this job, we found the east apparent boundary following a privacy fence and a chain link fence to be from eight feet to eleven feet into the client's property which he has owned for thirty years. This metes and bounds tract and the adjoining tract to the east are equal in size and dimensions, including a width of 147.58 feet. So an eight to eleven foot problem is a significant portion of the total.
I report this to the real estate agent who then relays it to the client. We meet with the client. He says, not long after I moved here I planted a row of pine trees to create some privacy because the other house was close. I planted the trees ten feet this side of the line so that when they grew out they would reach the property line. Then disease hit and killed the trees. So I built the privacy fence where the trees had been, forgetting about the ten foot offset. Then, about ten years ago the neighbor added a carport onto the side of his garage. I forgot to go tell him he was building it on my land.
The upshot is that we are going to create two tracts out of one. He will sell the main tract with his house as planned. He is going to deed the other chunk to his neighbor.
Must be the week for it.
Started my week with a 150 foot wide parcel on Platte river. The North line went 1 foot into a corner of the house. South line went 11 feet into the neighbor's house.
Ended the week with marking property lines where they had just cleared trees and made a pad for a pole barn. Line hit the corner of it. Need to move the pad 15 feet. They were glad I got there before their builder.
That sounds like a classic case of estoppel.
Take two correction Deeds and call me in the morning.
