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Your half is bigger than my half

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holy-cow
(@holy-cow)
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The neighbor finally realized after several years that his neighbor's West Half of Lots 1,2,3 and 4 appeared to be larger than his East Half of the same lots. They were friendly neighbors. The goal of my survey was to find where the divide line should be so they would know where the lawn mower line should be.

Long story short. The prior owner was the same couple for both tracts. They had lived in the east house until they built the new house on what they sold as being the West Half. The west house was placed about 20 degrees off of an east-west line and had a broad overhang. The owner on the west ended up purchasing, at a reasonable cost, an extra 11 feet from the owner on the east because the corner of the overhang was about six feet east of the true line plus a five-foot standard sideline setback. That matched how they had been mowing.

After everything was settled they learned from the former owner that he had intended to align the house east-west but at the last minute his wife insisted they swivel to save a tree in the northwest corner of the property. They gave no thought to how that moved the house and the protruding eave.


 
Posted : September 29, 2024 9:17 am
chris-bouffard
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I'm not following what the problem is if the 11' to cover the overhang and setbacks were bought/sold, unless there was no documentation recording the transaction and division.


 
Posted : September 29, 2024 9:23 am
holy-cow
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A rare case of neighbors being content both before and after the survey showed such a large discrepancy. The east neighbor had lived there something like 20 years counting the time the prior owner was his neighbor to the west. The conversation began when the east neighbor noticed it took him less time to mow his lawn than it took the neighbor.


 
Posted : September 29, 2024 10:48 am
peter-lothian
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So basically they cleaned up their title documents to more accurately reflect their actual occupation and use, thus improving the future marketability of both their house lots.


 
Posted : September 29, 2024 11:17 pm