Just a stupid rant--Pole barn--property lines
Hi All,
To preserve peace in the home and neighborhood, I just want to rant here!
Bought two pieces of property out in the country in 1992, small strip with house,and the pasture next door. Happy!
Due to money problems in 1998, sold 2/3 of pasture to east side to next door neighbor, kept the section with drain field and 24' x 48' pole barn, property line 50' behind barn. Since we owned both pieces, just moved property line so section with house combined with pasture strip. New folks started building 2 months ago on 2/3 piece.
Now we find out (after neighbor on west side did fence line survey)that all fence lines which were thought to be property lines, are 94 ft off to the west!
We're all working togather,( 4 properties involved) but it's sure a pain in the keester, and soon in the pocketbook. I have to get a easement for our drain field, pay for our part of the survey, string new field fence, and move or take down the pole barn. Neighbor to the west trading equal sq ft. behind us, otherwise his house is on our lot, so we aren't losing footage.
Can't buy back strip pasture, wouldn't qualify for min. size.
Guess I don't get my new flooring this year![:(]
Wish I could kick some realtor butt!
Thanks for letting me rant -[:X]
Hobbitgal
Any market for used pole barns?[:D]
To preserve peace in the home and neighborhood, I just want to rant here!
Bought two pieces of property out in the country in 1992, small strip with house,and the pasture next door. Happy!
Due to money problems in 1998, sold 2/3 of pasture to east side to next door neighbor, kept the section with drain field and 24' x 48' pole barn, property line 50' behind barn. Since we owned both pieces, just moved property line so section with house combined with pasture strip. New folks started building 2 months ago on 2/3 piece.
Now we find out (after neighbor on west side did fence line survey)that all fence lines which were thought to be property lines, are 94 ft off to the west!
We're all working togather,( 4 properties involved) but it's sure a pain in the keester, and soon in the pocketbook. I have to get a easement for our drain field, pay for our part of the survey, string new field fence, and move or take down the pole barn. Neighbor to the west trading equal sq ft. behind us, otherwise his house is on our lot, so we aren't losing footage.
Can't buy back strip pasture, wouldn't qualify for min. size.
Guess I don't get my new flooring this year![:(]
Wish I could kick some realtor butt!
Thanks for letting me rant -[:X]
Hobbitgal
Any market for used pole barns?[:D]
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Sounds like a mess. Good luck with it, hope it smoothes quickly/easily. 0 -
You can kick realtor butt: complain to your State's Real Estate Commission, in writing. It is the responsibility of the realtor to inform you of any thing that may materially affect your real estate transaction.
If it's worth the money, you could get an attorney and sue the realtor, in Superior Court, for actual money damage to you. You may include your attorney's fees in the suit.
Too many realtors fail to comply with existing laws (especially full-disclosure laws) and they end up screwing either or both the buyer and the seller, and get away with it, scot-free.
Hold his/her feet to the fire.
D.0 -
You sold property, and, evidently, bought it, in the first place, without having it surveyed? It is your mistake, moreso than the realtor's. 0 -
sounds like a mess...[B)] 0 -
Well, perhaps we're all bad (Us, realtors, neighbors, property tax people, building permit office) for no current surveys. All the sq footage is right, but somehow between 1920 and now, there was a very bad mesurement off the section line, and it was compounded all the way around thru the years. When you're buying your first home, and the fences are up,with the houses on both sides built in the 1920's, who's to think about it being off 94'? Including the person who sold it to us, so the realtor shall not be kicked.
We're lucky to be blessed with great neighbors who will work with each other to make it right.
Not worth lawsuits, it's just gonna be 1500.00 for our part of the survey, some t posts/field fencing and having to deal with moving the pole barn. If this is the worse thing in our lifes, we're getting off easy.
Just pouting because I can't get rid of the frickin 1970's orange and red shag carpet this year!
Thanks for putting up with me, you saved my sweetheart the head scratching I needed!
Hobbitgal0 -
I've seen mile sections that were off by 100 feet, and I know of one right now that's known to be off 60' (and that's the official markers).
What happens is that the chain draggers back when the area was origionaly survayed (in the 1700's?) missed. Stretched chains, broken chains, compounded errors etc. all add up.0 -
There is a common law (that may apply in your state) that wherever the fence (property lines) have been in place for more than 5 years, then that's where they actually are.
As survey methods improve, the mistakes that were made are accepted as actual property lines, and then the county recorders records are changed to reflect where they have been over the last 5 years.0 -
Do you have title insurance? If so, you might have a claim against somebody.
When I lived in New Jersey my next door neighbor told me he had his place surveyed and it turned out he owned half of my lot and house. My wife got in a big panic and started crying big tears. I told her to calm down, because if he owned half of my place then I owned half of the Finder's place and their place was worth more than mine. Anyway, I had my place surveyed (again), and sure enough it turned out everybody on the street owned half of the place next door and everybody on the street had title insurance with the same company. We all put in our claims, and I asked the agent a week or so later how the paperwork was going, and he said the claims had all been rejected because there was no problem. I went down to city hall to find out what the problem was. The man in the basement told me there was no problem, never had been a problem, and not to ask questions. When I sold the place it had clear title so I guess it was OK.0 -
HOW LUCKY YOU ARE....that you have neighbors that are willing to resolve this problem among yourselves......worked 7 winters for a consulting surveyor & 7 years on county highway in survey records & did their construction staking...your problem is common when people transfer property without an on the ground survey...could get into a snakepit of lawyers by adverse possession or acquiesence issues ...as tg1954 said some original surveys were done then retracement errors happened...but with any retracement the procedure is to gather collateral & parole evidence, history, & physical info & to FOLLOW what was done in the original survey.CORRECT by subdivision rules or not...in this country many original county/township surveys were done by ex-military artillery spotters on a fixed price contract...so many miles-so much pay 0 -
I'd want to get rid of that orange and red shag carpet too. [xx(]
Maybe next year?0 -
...........of the carpet that is!!![;)][:D]0 -
If you're nice, I'll post a picture of the tangerine countertops in the future. Or perhaps you would prefer the Gold Mediterranean mosaic vinyl floors? [xx(]
<img src="http://auctionhealth.com/pub/071E.jpg" border=0>0 -
Let's try this again! 0 -
CARPET REMINDS ME OFF THE APT WE HAD IN COLLEGE, LOVELY COLOR IT WAS UNTIL WE HAD A GRAIN ALCOHOL PARTY WITH THE LOCAL COLLEGE SORORITY, IT WASN'T THAT LOVELY COLOR EVER AGAIN !! 0 -
Ooops! Sorry for the size, still new at this.
May I present the meanest mouser in the Barn - Miss Kitz.
Sorry, no Remote Girl -
Have a good one!0 -
Alpine is correct. In some states like Missouri when a fence line is in place (supposedly on the propery line) for "X" number of years without being contested, the fence line thus becomes the legal property line. You better check your state statutes and regulations. Also since GPS has come along alot of the old legal decription property lines are being found to be incorrect. Good Luck 0 -
We can't use the "Grandfathering" of the fence lines since no fence was installed in the pasture when the 2/3rd was sold a few years ago. It sure would have been easier. Of course that's where the barn and my drain field is.[xx(]
I sure appreciate everyones thoughts on this matter - some of your personal experiances have made me feel like I'm in good company!
Yep, that GPS stuff is pretty neat - overlay it on a google earth map, really brings the sitution to life!
I just have to go get a new pair of sunglasses for living with my carpet for the extra year or so. We try to pay cash for everything, so just gotta wait a bit longer for flooring. Mabey I'll put the carpet on EBAY for the retro deco junkies when it comes out!
Have a great one everyone!
Hobbitgal0
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