My first post...I'm a builder type but not a surveyor. I hope you guys can help me out. I'm trying to create metes and bounds for three areas inside a house on an essentially rectangular...or parallelogram type lot. My measurements and angles of the lot are pulled from a survey created in reliance upon a document created between the developers and a utility provider.
I'm finding a closing gap of about .1 feet on what is essentially a 60 ft by 105 ft lot. My question is...should I simply reference on of the closed corners in establishing the metes and bounds disregarding and not mentioning the closing gap or should I indicate that the closing gap exists somewhere on my survey?
I'm not in a position to have a survey in the property but I need to develop the metes and bound rather quickly.
scan the plat as a jpg and post it using upload
and why pray tell do you want a metes and bounds of a room inside a building? condo, ordinance or curiosity?
My best friend and partner bought the house 17 years ago and I put it in her name at the time. I completely remodeled it and we paid it off last year. Well...she died a couple of months ago and a money grubbing sister has come crawling out from under her rock trying to take the house....which is supposed to be mine. I can't prove common law marriage because of the laws in Texas so my only recourse in to file an affidavit of adverse possession on the areas that I used exclusively.
Done right..I should be able to gain fee simple title to those areas which will not only prevent her from evicting me from my own house but will prevent her from ever selling it or borrowing against it.
I will still get screwed but ultimately she will have to settle with me or spend loads of money defending "her" house.
The crazy part is...she already got about $90k in cash as her sister made her beneficiary of her 301 account. Apparently that just isn't enough for her.
BTW....her sister had only set foot in the house about 4 times in the 17 years we lived in it.
Anyway...I can always amend the filing later if I have to. I may not know much about financial planning (or didn't take it serious) but I do know how to deal in real estate.
Moral of the story....LIFE IS A MINUTE! So make sure you have wills or trusts or whatever in order. Sometimes the people you thick you can trust the most completely change, given the opportunity when money is involved...even if it means completely disregarding promises made to their own family!
So...are you going to place an easement from the street to the bedroom? o.O
> My first post...I'm a builder type but not a surveyor. I hope you guys can help me out. I'm trying to create metes and bounds for three areas inside a house on an essentially rectangular...or parallelogram type lot. My measurements and angles of the lot are pulled from a survey created in reliance upon a document created between the developers and a utility provider.
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> I'm finding a closing gap of about .1 feet on what is essentially a 60 ft by 105 ft lot. My question is...should I simply reference on of the closed corners in establishing the metes and bounds disregarding and not mentioning the closing gap or should I indicate that the closing gap exists somewhere on my survey?
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> I'm not in a position to have a survey in the property but I need to develop the metes and bound rather quickly.
Are these areas strictly inside the house?
> My best friend and partner bought the house 17 years ago and I put it in her name at the time. I completely remodeled it and we paid it off last year.
Did your attorney tell you that there was no basis for a claim of common law marriage or are you just supposing that to be true? "We paid it off last year" sounds like co-mingling of funds. From what you've posted, common law marriage and a 50% marital interest based upon it strike me as your best claim. Adverse possession based upon permissive use? Not so much. I'd get a second opinion before spinning my wheels on a claim of adverse possession as a permissive tenant.
I'm trying to create metes and bounds for three areas inside a house on an essentially rectangular...or parallelogram type lot.
So you are trying to establish a property description for conveyance?
That is my take on your post. I don't know where you are but if you are not a licensed surveyor you are not legally able to do that in most states.
ahhh, curiosity
a surveyor will not be able to help you through the wicked maze you are navigating (unless you find yourself within a non-metaphorical maze).
determine how much you paid into the house. get a lawyer to advise you on the best path forward. good luck.
i have 5 cousins (well, they are 2 sisters, 2 brtohers and 1 nephew) who own in common a condemned home with an outstanding tax bill almost reaching six figures. the nephew would like to obtain the property in exchange for settling the tax bill and his aunts and uncles all have a hand outstretched. it's another curiosity...
I'm in Texas and here you only need a license to offer services to the public....something I have absolutely no intention of doing.
There would be one area (a parking space) that is outside the structure.
I've talked to attorneys already and I have very little recourse other than what I'm describing...which is absolutely a legitimate act in Texas as in most states. There's a difference in declaring oneself an owner versus declaring oneself a debtor. Only one will keep a person from being evicted which is my primary consideration. The money involved is a totally separate issue.
I should correct that to say that "she paid it off". I also never said anything about being a "permissive tenant". My giving her money is a totally separate issue from the house. We never "co-mingled" anything and in Texas...things like filing taxes as single and applying for company insurance as single will virtually guarantee losing a common law marriage claim. The fact is we were never married but remained hostile friends for over 23 years.
No...I can't claim anything that was shared.....at least for now.
> I should correct that to say that "she paid it off". I also never said anything about being a "permissive tenant". My giving her money is a totally separate issue from the house. We never "co-mingled" anything and in Texas...things like filing taxes as single and applying for company insurance as single will virtually guarantee losing a common law marriage claim. The fact is we were never married but remained hostile friends for over 23 years.
So, you never held yourselves out as man and wife? Yeah, that would tend to squash any claim of common law marriage. So what exactly is the best claim that you have once you've forgotten about adverse possession of a room in a house where you were permitted to live? Is there some equitable lien that you have against the property?
You obviously don't understand the concept of adverse possession. You should look into it a bit more. In this case as with most adverse possession cases, there was no permission. "Adverse possession" means an actual and visible
appropriation of real property, commenced and continued under a
claim of right that is inconsistent with and is hostile to the claim
of another person. In Texas a person must bring suit not later than 10 years after
the day the cause of action accrues to recover real property held in
peaceable and adverse possession by another who cultivates, uses,
or enjoys the property. She failed in that regard therefore I don't have to ask for title....I simply claim it and it's up to the heirs to file suit to get it back if possible.
The least of your problems is creating a metes and bounds, you are not qualified.
You have done so much labor on the house, what was your pay?
What other services kept you there?
Your present investment should be for an attorney.
To stake claim to only the inside of a house would not solve your present situation unless you are intending to remain there.
Once you exit the house, you probably will not be able to enter again and could be trespassing.
Any claims should be for all the property and not simply just a part of the property.
0.02
Tenants In Common ? Maybe, But ?
Everything you contributed could be considered as rents.
So how come nothing was ever done in writing?
Paul in PA
Hardassetts, you are confident that you know more about the legal aspects of this property issue than the experts that have responded. I find this very unlikely.
That said the 0.1 foot closing gap is not significant. If you are not a surveyor, you almost certainly have errors bigger than that.
I'm not in a position to have a survey in the property but I need to develop the metes and bound rather quickly.
I recommend that you change your position. Particularly since you are not licensed, your inherent conflict of interest will work against you.
Tenants In Common ? Maybe, But ?
Why does anybody ever die without a will? It's not joint tenancy, nor tenancy in common nor any other form of co-tenancy. It was not a landlord/tenant relationship either. I'm declaring fee simple ownership which is exactly what the law allows.
In any event, it's up to the courts to decide and I can't be removed until after those matters are settled. No sheriff in Texas will do it. My reasons for this action are irrelevant.
I didn't write this post in the land surveying category without reason. I wrote asking about a technical problem....a closing gap and the best way to deal with it.
Tenants In Common ? Maybe, But ?
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> I didn't write this post in the land surveying category without reason. I wrote asking about a technical problem....a closing gap and the best way to deal with it.
If I understand you correctly, I wouldn't worry about 1/10 of a foot. Just reference the closing corner. Then again, I'm not a licensed surveyor.