so the client buys a new building to use for storage and upon surveying it, we find out that 10 feet of the neighbor's trailer (and some other junk) is over the line.
You make a plat showing the encroachment and give it to the client.
What advice should you give the client?
Should the client be concerned about Adverse Possession?
i always advise my clients in that situation to send a certified letter to the adjoiner with a copy of the survey saying they are aware of the encroachment and reserve the right to ask that it be removed at their discretion. this should stop the adverse clock from ticking and it makes everybody aware of the problem.
> i always advise my clients in that situation to send a certified letter to the adjoiner with a copy of the survey saying they are aware of the encroachment and reserve the right to ask that it be removed at their discretion. this should stop the adverse clock from ticking and it makes everybody aware of the problem.
That may or may not work depending on the court, etc.
Perhaps have the client send a certified letter of permission to the neighbor. If they do not sign and return it, then perhaps AP should be a concern. Just my $0.02.
A trailer, even when it is setting on blocks, is considered moveable and not a permanent object.
Had client whose trailer had the roof eve over into the adjoining land a bit over a foot and he had to move his double wide.
A recent survey where I found the original monuments of a 0.664 acre tract revealed that a trailer was 38ft into m client's land. These people will be getting a certified letter from an attorney soon.
First thing to do is either knock on their door and tell them or send a legal notice to remove it from the property.
In some states the Adverse Possession is set and dependent upon the discovery date.
Nail a brightly painted lath with flagging onto the trailer at the property line on both sides.
That will get their attention.
legal advice.
Are you a surveyor or attorney?
Either, both or neither, only practice those disciplines for which you are both licensed and competent.
Myself, I would advise the client that there appears to be a discrepancy between lines of title and lines of occupation and as a surveyor I cannot advise as to any legal remedies involving adverse/quite title action. I would suggest he discuss this with the neighbor involved and that it would be in both parties interest to resolve it without attorney's and/or court involvement.
Should they agree to move the title line, I can certainly help in that endeavor. Should this become a source of disagreement, then only an attorney can advise how to proceed, but be cautioned that the time and expense involved may well be much higher than the patch of land in dispute, and it would certainly behoove them to come to a equitable resolution on their own that results in clear title. The remedies for which fall partly under the practice of surveying.
I would also document any conversations, particularly those as to dates the owner was aware of the improvements. Or any conversation with the neighbor as to where he/she believed the boundary was.
You make a plat showing the encroachment and give it to the client.
What advice should you give the client?
That would depend on a conclusion/opinion I formulated based on all the evidence I found and all the applicable laws and boundary principles.
> Should the client be concerned about Adverse Possession?
Ditto.
My standard advice is that they have a brief chat with an attorney who is knowledgeable about real estate law to consider options before doing anything else.
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> First thing to do is either knock on their door and tell them ...
Didn't Surveyor Moistner post a 'knock knock" video about an encroachment?
Y'all have a good weekend...
That's a good one 😉
Being a surveyor/attorney from the west coast I can tell you that every state I've worked in has modified by statute common law adverse possession. So, I expect that your state has also modified common law adverse possession. When you add in the other methods of obtaining title by unwritten means, a surveyor is out of his/her league. You should recommend that your client see an attorney. If your client knows his neighbor well they may come to some agreement on their own. But, if the neighbor doesn't even know about your survey yet, I'll bet the neighbor won't take kindly to your survey. Always better to get the neighbor's input before you discover the problems.
Evelyn
When you add in the other methods of obtaining title by unwritten means, a surveyor is out of his/her league.
Perhaps...but not necessarily. An Experienced Surveyor can, and should, offer a professional opinion as how to best remedy the situation. It will be up to the owner to take heed or not. I have seen legal advice go astray due to an inexperienced lawyer giving advice without the input of other professions involved. Team work for the client.
"Always better to get the neighbor's input before you discover the problems."
You never know that there is a problem until you survey the property. The surveyor is an excellent source for advice. Most homeowners I have done work for will always consult an attorney on legal matters...and always consult a Surveyor on survey matters.
The catch is knowing the difference in your state between the practice of surveying and the practice of law. The dividing line seems to be blurring more and more lately for surveyors. Generally, attorneys already know the line. You cross that line at your own risk.
As a surveyor, your opinion about obtaining title by unwritten means is no better than that of a layman, regardless of how many seminars you have attended, and any representation you make to a client which deviates from that status can create some serious exposure for you.
Passing on anecdotal incidents from your own factual experience is likely OK but do not present yourself as an expert in the field of title law. The best advice I can give in a situation where actual legal questions arise is a referral to a good real estate attorney in practice locally. If you cannot make that referral because you do not know of such an attorney, you should check around and find one.
> "Always better to get the neighbor's input before you discover the problems."
>
> You never know that there is a problem until you survey the property. The surveyor is an excellent source for advice. Most homeowners I have done work for will always consult an attorney on legal matters...and always consult a Surveyor on survey matters.
I think what Evelyn was referring to was why wasn't the neighbors input sought before you made the professional determination that the trailer was over the line. The appearance of such an obvious potential encroachment should definitly prompt a knocking a door or two before you reveal your conclusions to the client or anyone else. Speaking to neighboring landowners is only part of, but potentially a very important part of the evidence gathering process.
"The catch is knowing the difference in your state between the practice of surveying and the practice of law. The dividing line seems to be blurring more and more lately for surveyors. Generally, attorneys already know the line. You cross that line at your own risk."
Carl,
I am very well aware of that line and did not mean to infer crossing.
"Passing on anecdotal incidents from your own factual experience is likely OK but do not present yourself as an expert in the field of title law."
I'm not even sure I understand that one. Matter of fact i'm not even sure why I am responding. apparently my point was not clear. Oh well...maybe next time
>
>
> "Always better to get the neighbor's input before you discover the problems."
>
> .
Just is correct. We got the neighbor's input but the neighbor was using a row of trees as the boundary which was incorrect.
One of the points I was trying to express was that the property line is a common line. By talking to the other property owner you are showing that you are unbiased, and that you care about his/her input. They may tell you they know nothing, but that chance for them to speak up will go along way toward resolving possible disputes later. Often people spend thousands of dollars on lawsuits just because they want someone to listen and care about their side of the story. Surveying is more than just numbers.
Evelyn
Now that was well said. I would like to think it is always done..I would think it would have to be a s a part of due diligence.
:good:
> >
> > First thing to do is either knock on their door and tell them ...
>
> Didn't Surveyor Moistner post a 'knock knock" video about an encroachment?
>
> Ouch...
>
> Y'all have a good weekend...
>
>
> DDSM
LOL!
