Plat Survey / Property Survey

[Goofyboy 3,293]

My lake house neighbor recently have a survey done on his property. According to him and the survey he had done, a corner of my house is on his land.

When my parents had this house built, they also had a survey done and my parents survey (2007) does not match my neighbors survey. The survey on my property does not have a stamp and the neighbors does.

 

My parents would not build a house on the neighbors land. My neighbor is saying our survey isn’t official because it’s not stamped.

 

I own the property now (inherited when my mom died). I really don’t want to spend money on a new survey if I don’t have to.

 

Any advice on how to proceed? Is a stamp required?

[Dbeasy 15,051]

Get a survey done and quit being a pussy. 

[Upgrayedd 5,812]

2 minutes ago, Goofyboy said:

Is a stamp required?

 

It usually is if you want to sue them for screwing up

[elfenix 34,242]

get a survey and make sure they work from the original subdivision description, including making note of any funky angles.  handled an issue like this once - other party's survey would have been correct if the lots had been rectangular, but they weren't.  oops. 

 

also, depending on how long the house has been there the statute may have run and it may be yours anyway (dunno off the top of my head how long the statutes are and there's plenty of permutations as to how those work). 

Edited September 26, 2021 by elfenix

[Bernard 879]

Is he asking you for money? Is he asking you to move your house? Is he familiar with adverse possession?

Bernard

[hornbri 1,398]

I am curious on what the remedy for this situation is. I mean you can’t move your house?

[Goofyboy 3,293]

Is he asking you for money? Is he asking you to move your house? Is he familiar with adverse possession?
Bernard

So far, he just wants an accurate survey. I am not sure if he’s refinancing or selling or what his deal is. He’s strange, but an OK enough neighbor. Also, it’s just a small corner of my house over what his survey says is his line.

[Goofyboy 3,293]

I am curious on what the remedy for this situation is. I mean you can’t move your house?

Redraw the lines, I think.

[TwiceHorn 31,475]

22 minutes ago, Goofyboy said:

Redraw the lines, I think.

If the building is actually on his property, or what was his property,then I believe you are under the five year statute of limitations and assuming that the house has been there since 2008 or so, then you've got that licked, as well as the 10-year.

So, when the lines are redrawn, it's going to include your house.

The only question is intent.  The saying goes that you can't accidentally adversely possess real property.  But I think the act of building a home on the neighbor's property probably satisfies that, even if there was a mistake as to where the boundary was.

A more "equitable" possibility is that he grants you an easement to use his land that lasts only so long as that structure, at which point the boundaries return to normal (again, assuming his survey is right and your 2007 is wrong).

Why does a patent attorney know jackshit about this?  First year moot court, section three, UT Law 1988-89, whether intent was required to establish adverse possession.

Edited September 27, 2021 by TwiceHorn

[NeverMarryAStripper 21,907]

11 hours ago, Bernard said:

Is he asking you for money? Is he asking you to move your house? Is he familiar with adverse possession?

Bernard

If both parties only recently became aware of the problem then there's no way adverse possession is going to apply.  If another survey confirms the problem then I think the only way it is going to be resolved to avoid future problems would be to negotiate a sale of a small portion of his lot to you.  This is something where title insurance should probably come into play, but that shit is completely useless.

Edited September 27, 2021 by NeverMarryAStripper

[Upgrayedd 5,812]

16 hours ago, Bernard said:

Is he asking you for money? Is he asking you to move your house? Is he familiar with adverse possession?

Bernard

 

16 hours ago, hornbri said:

I am curious on what the remedy for this situation is. I mean you can’t move your house?

 

Pics of wife that neighbor wants to take a spin on as compensation?

[Goofyboy 3,293]

Anyone have a survey company out of College Station or the surrounding area?

[Chewbacca 7,779]

Anyone have a survey company out of College Station or the surrounding area?

We work with Surveying and Mapping quite a bit (www.sam.biz) but i have no idea if they do residential work.