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Mapping Encroachments

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(@aaron-surveyor)
Posts: 28
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Topic starter
 

So I have a rush boundary project of a small comerical lot in the small town where I live. Along one of the property lines and adjoining dentist office has done some landscaping that encroaches on my lot, it's mosty just pine straw and flowers, would you still show it on your map? My first thought was yes, show everything but then I thought at what point does it become "overkill". Thanks in advance.

 
Posted : June 17, 2015 6:14 pm
(@alan-cook)
Posts: 405
 

Define encroachment. Have you spoken with the respective owners? They might be able to shed some light on the subject. Perhaps your client knew the landscaping spilled over onto his/her lot and doesn't have a problem with it. If you have permission to use something you won't be encroaching.

 
Posted : June 17, 2015 6:59 pm
(@holy-cow)
Posts: 25292
 

Wouldn't give it a second thought. No more than overhanging tree branches.

 
Posted : June 17, 2015 7:22 pm
(@deleted-user)
Posts: 8349
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No, not at all.
You may want to inquire about U/G irrigation and sprinkler heads.
I would show that as an improvement.

 
Posted : June 17, 2015 8:14 pm
 seb
(@seb)
Posts: 376
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People get very possessive about their garden beds. For the sake of a little note that says something along the lines of "garden bed encroaching approx 2.0 feet" why would you not tell the client?

 
Posted : June 17, 2015 8:34 pm
(@ken-salzmann)
Posts: 625
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Yes, show it, but do not use the term encroachment, simply "garden 2.0' S." (or whatever direction). It may be minor to you, but may, or may not be important to the owner.

 
Posted : June 18, 2015 1:29 am
 RFB
(@rfb)
Posts: 1504
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If it's "along" the property line, and it shows intent of possession, I'd say, Yes, it must be shown.
No different than a hedge line.

I'd also give them some stakes or, better yet, a well placed orange stripe or two!

 
Posted : June 18, 2015 2:47 am
(@aaron-surveyor)
Posts: 28
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Seb, post: 322895, member: 7509 wrote: People get very possessive about their garden beds. For the sake of a little note that says something along the lines of "garden bed encroaching approx 2.0 feet" why would you not tell the client?

My client knows about it, I'm just asking about showing it on my map.

 
Posted : June 18, 2015 3:19 am
(@scotland)
Posts: 898
Customer
 

Yep... show it. Part of our job is giving a picture of the property and what is on it and encroaching. We show fences, houses, powerlines, etc, etc. Like stated before, I would just show "Flower bed" and a dimensions of 2±ft off of the property line.

 
Posted : June 18, 2015 3:27 am
(@joe-the-surveyor)
Posts: 1948
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I would depict it.

 
Posted : June 18, 2015 3:32 am
(@thebionicman)
Posts: 4438
Customer
 

Possession is an important piece of boundary evidence. I would show it.
As others have said, avoid the term encroachment. You can take a minor nonissue to an immediate battle using inflammatory terms.

 
Posted : June 18, 2015 4:49 am
(@peter-ehlert)
Posts: 2951
 

Aaron Surveyor, post: 322910, member: 9385 wrote: My client knows about it, I'm just asking about showing it on my map.

Your work is not just for your current client. It is to inform other people and make them aware.
Yes, sketch it in. There is no need to be elaborate and don't use terms like "encroach", just draw it in, and label it.

 
Posted : June 18, 2015 5:29 am
(@kris-morgan)
Posts: 3876
 

Alan Cook, post: 322883, member: 43 wrote: Define encroachment. Have you spoken with the respective owners? They might be able to shed some light on the subject. Perhaps your client knew the landscaping spilled over onto his/her lot and doesn't have a problem with it. If you have permission to use something you won't be encroaching.

Exactly Alan! I map protrusions and intrusions, but VERY seldom encroachments. Blacks Law defines this well and most of the time, we do not have all of the information to define an encroachment.

 
Posted : June 18, 2015 5:32 am
(@jered-mcgrath-pls)
Posts: 1376
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Landscape area, or Landscaping, or garden area. I would show it and its location as it lies on the ground and if there is an issue of who is maintaining it, then that is for your client to work out with the adjoiner.

 
Posted : June 18, 2015 5:36 am
(@holy-cow)
Posts: 25292
 

Scotland, post: 322911, member: 559 wrote: Yep... show it. Part of our job is giving a picture of the property and what is on it and encroaching. We show fences, houses, powerlines, etc, etc. Like stated before, I would just show "Flower bed" and a dimensions of 2±ft off of the property line.

One time only have I had a request from a client to show overhead power lines, bushes, flower beds, etc. on the tract being surveyed. That just ain't normal!

 
Posted : June 18, 2015 6:03 am
(@paden-cash)
Posts: 11088
 

Holy Cow, post: 322939, member: 50 wrote: One time only have I had a request from a client to show overhead power lines, bushes, flower beds, etc. on the tract being surveyed. That just ain't normal!

Aerial primary cross arm encroachment (overhang) location is a common task in my world. Lots of liability when 13.5kV is 'hanging' physically outside of the easement or R/W. Thank God they invented the reflectorless TS. Shrubs and marigolds...meh...not so much...

 
Posted : June 18, 2015 6:22 am
(@aaron-surveyor)
Posts: 28
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Topic starter
 

I agree with the majority, I have shown it and labeled it as "landscaped area". The realtors are up in arms (of course), they are afraid the buyer won't be able to get full title insurance because of it.

 
Posted : June 18, 2015 7:21 am
(@brad-ott)
Posts: 6185
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Aaron Surveyor, post: 322959, member: 9385 wrote: I agree with the majority, I have shown it and labeled it as "landscaped area". The realtors are up in arms (of course), they are afraid the buyer won't be able to get full title insurance because of it.

No big deal, worst case there would be a small 2' landscaping exception to the title insurance policy, right?

...realtors

 
Posted : June 18, 2015 7:25 am
(@peter-ehlert)
Posts: 2951
 

it is what it is.
the Realtors are happy to close the deal and get PAID (otherwise they get no pay check) ... they are gone, no problem... for them

New buyer (or his banker) is not "fully informed", and comes down on your tail next year when they have beef with the neighbor. does that happen? very rare, but Yup, it happens.

Yep, make the sales guys happy! :good:

 
Posted : June 18, 2015 7:51 am
(@a-harris)
Posts: 8761
 

When I prepare a "final" drawing of (detailed drawing after construction and for title conveyance), it will show everything man made that has been placed on and adjacent to the property and all overhead wires, cables and structures above the ground that come from any service provider.

 
Posted : June 18, 2015 10:35 am