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Property lines disputes
Posted on 6/18/20 at 9:32 pm
Posted on 6/18/20 at 9:32 pm
Ok hope this is the right board.
We are having an issue with a "neighbor" about a property line. Neighbor is in quotes because the person isnt the land owner, just the person who holds power of attorney, but knows nothing of the land.
We had a survey done last year to divide the property we are on, now we are cleaning a tree line to re-dig a ditch to help their property drain.
They are trying to dispute the survey maps we have, now I have 3 maps from 3 separate surveys done one dating back to 1995, where the markers in question we first installed.
Now I know the neighbors also had a survey when they bought the property but these people cant find the map supposedly.
Anyone with knowledge of these things know if they have a leg to stand on to force a change?
We are having an issue with a "neighbor" about a property line. Neighbor is in quotes because the person isnt the land owner, just the person who holds power of attorney, but knows nothing of the land.
We had a survey done last year to divide the property we are on, now we are cleaning a tree line to re-dig a ditch to help their property drain.
They are trying to dispute the survey maps we have, now I have 3 maps from 3 separate surveys done one dating back to 1995, where the markers in question we first installed.
Now I know the neighbors also had a survey when they bought the property but these people cant find the map supposedly.
Anyone with knowledge of these things know if they have a leg to stand on to force a change?
11
Posted on 6/18/20 at 9:59 pm to TigerDat
Give them a copy of the survey and tell them it’s up to them to prove it wrong and keep cleaning the fence line. They will have to pay a lawyer to stop you then pay for a new survey which they probably won’t do.
Posted on 6/18/20 at 10:02 pm to TigerDat
I'm wondering if the court house has any surveys recorded on either property. May be attached to a conveyance/sale.
Posted on 6/18/20 at 10:33 pm to TigerDat
Yea you keep on doing what you have to do until a court tells you stop.
Posted on 6/18/20 at 10:42 pm to TigerDat
They could get a copy of their survey from the mortgage records at the court house or from the city/parish depending on how recently their piece was surveyed. If your surveyor is confident that his map is correct, then they will need to provide evidence otherwise from another surveyor or map of record. There should be some reference maps listed on the 1995 map that you have that you could go get from the courthouse also. The reference map(s) would also have older regerence maps listed. Unless there is some old recorded boundary agreement between owners or some possession issues, the monuments in the ground should govern if they jive with older surveys and nothing has deviated over the years. There is a priority of evidence that governs what takes precedent but only gets involved if there is an ambiguity or evidence that the common boundary is not where your surveyor reported it to be located.
Posted on 6/18/20 at 11:33 pm to LSUengr
If you had a survey done it show be end of story
Posted on 6/19/20 at 3:54 am to ItzMe1972
quote:if you are in Louisiana you can pay a fee, I know it is $50.00 in Livingston Parish...you can view any conveyance/sale, for a year. Don't know about other parishes. BTW.a lot of this is online, still have to $$
I'm wondering if the court house has any surveys recorded on either property. May be attached to a conveyance/sale.
Posted on 6/19/20 at 6:10 am to TigerDat
You should be able to obtain a copy of your plat from the assessors office just to make sure your maps and property description are the same.
They probably are and if so, you've covered yourself wrt validity of the survey and property boundary.
They probably are and if so, you've covered yourself wrt validity of the survey and property boundary.
Posted on 6/19/20 at 10:52 am to TigerDat
You can probably look at the property (although it may be a rough look) on the assessor's website. Depending on how big of a dispute you can tell which one is correct.
Posted on 6/19/20 at 11:29 am to TigerDat
Is this in a subdivision or not?
Just keep doing what you are doing as long as your survey shows that what you are doing is on your property. You will have to stop if a Sheriff's deputy serves you with a court order telling you to stop. Otherwise you are good.
Just keep doing what you are doing as long as your survey shows that what you are doing is on your property. You will have to stop if a Sheriff's deputy serves you with a court order telling you to stop. Otherwise you are good.
Posted on 6/19/20 at 11:54 am to TigerDat
You have a legal survey done by a licensed surveyor that's your proof
You are not inclined to do one more thing
It's the neighbors move if they chose to pay for their own survey of their property.
You are not inclined to do one more thing
It's the neighbors move if they chose to pay for their own survey of their property.
Posted on 6/19/20 at 3:41 pm to TigerDat
quote:I'd politely ask them for their survey, reminding them you have three to their none, and adding them taking the time to do so would be the neighborly thing.
Now I know the neighbors also had a survey when they bought the property but these people cant find the map supposedly.
(because) ...
quote:
we are cleaning a tree line to re-dig a ditch to help their property drain.
Posted on 6/19/20 at 3:41 pm to skinny domino
Thanks everyone, that's what we believed just was curious about any other info someone could have shared.
We have our plat map, and the ones used to research for our survey and some other maps also.
This isnt in a subdivision it's out in the country, 14 acres of land.
We had mutually agreed to clean the tree line and they were having issues with drainage, so we agreed to out a ditch on the line, well they arent happy with where the surveys show the line because of an old market from before my time, which isnt referenced on anything so we told them to kick rocks, it's either the survey map line or none.
We have our plat map, and the ones used to research for our survey and some other maps also.
This isnt in a subdivision it's out in the country, 14 acres of land.
We had mutually agreed to clean the tree line and they were having issues with drainage, so we agreed to out a ditch on the line, well they arent happy with where the surveys show the line because of an old market from before my time, which isnt referenced on anything so we told them to kick rocks, it's either the survey map line or none.
Posted on 6/19/20 at 3:43 pm to awestruck
quote:
I'd politely ask them for their survey, reminding them you have three to their none,
That's the thing, they dont have one and cant find the one from the old man that they are going to inherit the land from.
I think it's more they have the map but since it says exactly the same thing ours says, they wanna play stupid.
We told them they can get their own survey done if the believe it's wrong so now it's a waiting game.
Posted on 6/19/20 at 6:50 pm to TigerDat
When the property was subdivided, was it approved by the planning commission and recorded in your parishes clerk of courts office? If it wasn’t recorded, go record the survey.
It’s up to him to prove your survey is wrong. He should get a attorney to take to court if there is a boundary dispute that the two of you can’t agree on. Then he can take you to court, both of you can have a judge decide who on the boundary dispute.
Look for a good land and title attorney your area to represent you. Preferably someone older that maybe familiar with the area.
It’s up to him to prove your survey is wrong. He should get a attorney to take to court if there is a boundary dispute that the two of you can’t agree on. Then he can take you to court, both of you can have a judge decide who on the boundary dispute.
Look for a good land and title attorney your area to represent you. Preferably someone older that maybe familiar with the area.
Posted on 6/19/20 at 6:55 pm to RiverRoadTiger
quote:
When the property was subdivided, was it approved by the planning commission and recorded in your parishes clerk of courts office? If it wasn’t recorded, go record the survey
Yes it is approved and recorded.
We already have a lawyer, family lawyer, she said they have nothing and dont have a leg to stand on because of all the maps we pulled today from the archives
Posted on 6/19/20 at 6:59 pm to TigerDat
If you have a good title and good surveys, the burden is on him to prove your survey is wrong.
Posted on 6/19/20 at 7:33 pm to RiverRoadTiger
quote:
you have a good title and good surveys, the burden is on him to prove your survey is wrong
We have lived on this property 23 years, my moms uncle owned it before and her dad before that, we have a few maps lol.
Again thanks for all the info and opinions
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