(in my best Jeff Foxworthy)
If I stand at one corner and can't see the other one because of your garage....you might be encroaching.
If I can't set your corner because your concrete driveway is in the way....you might be encroaching.
I just finished a job today. Closing was held up because they forgot to split the lot. So I was rushed in to do a 'simple lot survey'. Three days and untold hours later part of the garage was over the property line. Sad thing is the young couple has already moved into the house and were renting it until the closing. Now they can't close. To make matters worse the adjoiner they are encroaching on is in foreclosure.
Of course nobody needs a survey the 100 year old plat book they refer to is good enough to close with.
Sounds to me like the price just went down.
Yesterday I set a monument 2 feet on the city's side of the curb and it fit existing monuments in four different blocks.
One boundary headed into and across the neighbor's back yard missing his house by 10ft.
The original surveyor was nearly 80 when this subdivision was done and his grandson was a college student at the time and many stated information on the drawings did not fit what he staked. It is pretty obvious that some parts of the subdivisions they did were revised but never recorded and his records have vanished into someone's private files.
When the name appears it always makes me wonder what will I find this time.
😉
had a job a few years ago, found and aluminum cap at back of sidewalk and a matching 5/8 rebar in the back next to the garage and of course the garage was 5 feet "over" the property line.
looked at the deeds for the whole block all metes and bounds and it was obvious that someone in the past had built 5 feet wrong 6 lots down and they just kept on down the line encroaching into the next guy's property. Judge ruled that the aluminum cap, with a license number of a deceased surveyor, (whose records were in the county landfill by then) was a "control point" and the rebar was a left over "concrete form stake". Of course it was irrelevant that it was his Uncle who was over the line:-O . Judge got elected to the state supreme court:pissed:
If your pet has been doing "his business" on the vacant lot next door, for the prescribed period of time.
The judge's ruling might have a little strange reasoning, but Reliance on the original (erroneous measurements) and neighborhood harmony should carry some weight here. Reread Cooley.
