I'm at a loss for words after conversation with neighbor

[Cameramonkey]

If the same surveyor keeps saying lines are off x feet one way, DEFINITELY get another company. It will cost you more though.

At least the way it was explained to me, If you find a company that has done survey work before in the area, it will be cheaper to use them because they will have already done some of the legwork to start a baseline and it will cost less than a new company to come in and do it from scratch. But given my first sentence, if that company screwed up and are using that screwed up baseline to do other surveys, you're gonna get the same screwed up survey he got.

I'd pay the extra for a different surveyor foreign to your neighborhood to make sure its done properly.

Though I'm at a loss what to do if your surveyor says significantly different things than his.

 

[Ingomike]

An old survey may indeed be incorrect. A friend recently bought 22 acres only to have a staked survey measure it at 19.5 acres. The sellers were livid, their family had payed taxes on 22 acres for 70 years. Not a thing they could do, the attorney who drew up the deed back then was incorrect and the county allowed the erroneous deed to be recorded.

 

[CHCRandy]

This day and age can a surveyor just go by satellites to get a starting point or do they have to have a "marker" to start with? I notice in Danville we have imbedded "markers" here and there, that have been in sidewalks and streets for 100+ years.

I was recently in a real estate deal where the surveyor blew up a property being sold because property lines were so far off. Brought in 2nd company same result. Finally someone discovered the "marker" they were starting with was a huge buried boulder and this boulder had been moved many decades ago.

 

[KittySlayer]

Good advice above.

With regards to the shed. If it is on your property can you grant him an easement that is limited to his use only for the errantly place shed? If he later moves, sells, tears down the shed the easement ends. You keep your property ownership, he keeps his shed, he pays the legal fees to draft the easement.

 

[Cameramonkey]

Oh, and I almost forgot. Make sure the new surveyors know the whole story so they can be extra vigilant.

 

[jerrob]

Last September, I purchased two adjoining parcels, I had them surveyed so I could build my home and driveway on the shared boundary line creating one parcel. In the survey, I gained a significant amount of road frontage with excellent drainage to use as I please. My point being, good or bad, you at least know what's yours and what's not, once surveyed.

As for your situation, it sounds like your neighbor has a "his problem" that he's trying to turn into a "your problem". I'd suggest, getting a copy of his survey, THEN, you choose but he pays for a new survey and proceed from there. Once you have accurate property lines, carefully consider all of your options, keep, sell, lease, with or without restrictions (fence, livestock, children, lol) ect.

Keep in mind, the adverse condition quoted in a previous post is a real thing when it applies, if lawyers come into play, it will be looked into by your neighbor's attorney, so get your ducks in a row beforehand.

Good luck.

 

[wcd]

I'd be throwing a bigger fit about his plans for a chain link fence. They're unsightly and left unmaintained drag down the value of adjacent property. Many HOAs ban that style of fence.

As for the property line dispute and who-owns-what, I agree have your own survey done and if the trees are indeed yours the biggest issue is whether this neighbor is trying to establish this point so if they later fall on his property you both have prior agreed it's your responsibility. Then don't be surprised if that's exactly what happens in the near future! My aunt's neighbor is a nice guy but made a point of constantly pointing out a branch her tree hung over his yard so I took out that side of the tree and even replaced the one broken fence slat it cracked on it's way down just so a strong wind wouldn't send it into his house.

If this neighbor's a PITA I'd remove the trees and my half of the shed! LOL

Cyclone fence is the best in some applications We use quite a bit of it especially in tree lines. When properly installed it holds up, last a long time.

 

[ditcherman]

Interesting story, looking forward to how it turns out.
I do think it’s odd that the neighbor so quickly said ‘come trim your trees’, effectively giving up the fight to keep what is historically thought to be his. Very odd.
I wouldn’t kick him off, either he buys it or next time it sells it reverts to you, but get a survey then a lawyer.

We bought 3 acres off my wife’s grandmother, remodeled and expanded, turns out that every night I sleep on my in-laws property as part of the house got built over there. They had bought property years earlier and according to the next owner over they are over as well.
Not uncommon, our solution will be to buy their place eventually I hope.

 

[Cameramonkey]

The "come trim your trees" is just lazy, not odd. He's probably wanted to do it for a long time, but just doesnt feel like putting out any effort or cash. Now that he thinks its OP's job, of course he wants it done now.

 

[Ingomike]

This day and age can a surveyor just go by satellites to get a starting point or do they have to have a "marker" to start with? I notice in Danville we have imbedded "markers" here and there, that have been in sidewalks and streets for 100+ years.

I was recently in a real estate deal where the surveyor blew up a property being sold because property lines were so far off. Brought in 2nd company same result. Finally someone discovered the "marker" they were starting with was a huge buried boulder and this boulder had been moved many decades ago.

The must use known markers…

 

[ditcherman]

At the intersection of a great many Boone county roads right now is a 2’ square bump, this is where the Surveryor hired a crew to locate the original markers and put a better one in. Many times the original markers were chunks of railroad tie driven in, or something else heavy, magnetic, or just odd, as in, out of place. Those descriptions went way back.
It has taken a long time for the bump to go away with the thin layer of chip and seal they put on.

 

[churchmouse]

The "come trim your trees" is just lazy, not odd. He's probably wanted to do it for a long time, but just doesnt feel like putting out any effort or cash. Now that he thinks its OP's job, of course he wants it done now.

And then pitch a fit. After the trees are cut/cleared. Not unheard of.

As to existing fence lines, in Marion Co. once a line is established and left for a period (exact time eludes me tonight) it stands as the new line. We went through this some years back when we bought the 1st house on the compound. Seems the since was put up 3' into the property as was the neighbors to the south. He just tagged onto our fence when he put his up.
3' does not sound like much but in the subdivisions it is. I contested the line and was told the legal fees would make it unpleasant and be far more than the 3' strip of property. Now I own the house to the south and wish I had pursued this.

 

[Drpietrzak]

Well, first what are the community rules for trees? Usually trees overhanging others properties are trimmed by them, to the line, if they desire. They can't demand it. A tree or limb falling on a neighbour's home or property is an act of God under insurance. Technically they pay the deductible in that case.

 

[GodFearinGunTotin]

And then pitch a fit. After the trees are cut/cleared. Not unheard of.

As to existing fence lines, in Marion Co. once a line is established and left for a period (exact time eludes me tonight) it stands as the new line. We went through this some years back when we bought the 1st house on the compound. Seems the since was put up 3' into the property as was the neighbors to the south. He just tagged onto our fence when he put his up.
3' does not sound like much but in the subdivisions it is. I contested the line and was told the legal fees would make it unpleasant and be far more than the 3' strip of property. Now I own the house to the south and wish I had pursued this.

Adverse possession. This needs to be seriously reformed in the indiana code. There might be a need for this in instances where gaps and overlaps in property lines exist but just because a neighbor encroaches over the property line shouldn't permanently give them ownership of the property.

 

[Kernelkrink]

If the entire neighborhood is shifted one way sounds like the survey crew is high. Get a different company out to survey. If his shed is in fact in your yard send him a bill every month for rent.

Has it been mentioned that if the OP has gained land on one side, he probably also lost the same amount on the other?

 

[ghuns]

Up here in the rural hinterlands of the north, we have 'section markers'. They are 8ish" square concrete posts with a 2ish" diameter brass peg in the center. They are buried DEEP.

My grandpa knew a bit about surveying and he could show you where each of them was around our farm.

Had a neighbor plant trees and put a high tensile fence several feet onto our side of the line. When this was pointed out to her she went apes**t. When we hired surveyors to settle it they told us it was right we knew it was. Said it looked like she tried to dig up one of the markers, gave up, and just threw a foot of dirt on top of it.

 

[HoughMade]

I would get a survey of my own.

If the survey confirms the findings, if there are no other property line issues, personally, I would consider giving him the property you and he thought was his as long as he paid for getting the paperwork done.

Like I said, though- 1st thing, figure out what the real story is.

 

[Cameramonkey]

Well, first what are the community rules for trees? Usually trees overhanging others properties are trimmed by them, to the line, if they desire. They can't demand it. A tree or limb falling on a neighbour's home or property is an act of God under insurance. Technically they pay the deductible in that case.

Unless you notice its in an unsafe condition and you notify them in writing that it needs to be fixed before it comes down. In that case they are responsible if they do nothing and it falls.

 

[churchmouse]

Adverse possession. This needs to be seriously reformed in the indiana code. There might be a need for this in instances where gaps and overlaps in property lines exist but just because a neighbor encroaches over the property line shouldn't permanently give them ownership of the property.

Agreed.

 

[Shadow01]

Tell him to trim the trees as needed without killing them at his expense or you will make him move his shed.