my parents land is being sectioned off by the village they live in. the village is stating that they have done a land survey and found that almost 20 feet of my parents property belongs to the village. my parents have lived there for 20+ years and never had a problem. now the village has posts and equipment all over the lawn and never informed my parents of any of this. what websites can I go to for information on if this is legal? I tried michigan.gov, but it had nothing useful. They are even telling my parents that some of the fencing in my parents yard may have to be removed so they can expand the village park my parents land buts up to.
Info on land surveys?
As mentioned above, get a good attorney (one who deals alot in property law) and a very good surveyor - don't cheap out on either one.
The only way to get the apparently-ongoing construction stopped is to get a judge to issue a temporary restraining order or preliminary injunction against the village. You need an attorney to get this done ASAP.
What will control is the surveys. It is possible that your parents thought the land was theirs, but it may turn out that it is not. If the village's survey is right, and your parents thought the land was theirs, but it really has been the village's all along, they won't likely prevail in a suit. You can't adversely possess land against a government entity, nor can you usually acquire land against a government entity under most other common property law theories.
Start making phone calls right away.
Reply:hire a good licensed surveyor and don't cheap out
verify all property lines and right of way
check against the original survey
locate all prm's in the vicinity
verify everything, never assume anything
get the original title work out of the files
there is a complete history available on the property
Reply:Contact an attorney as soon as possiblle that deals with civil law. They should have the answers you are looking for.
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I had something similar happen to me! My parents had lived in the house for several years and the people before had lived in it for about 20 years. They had a fence up and it had been up the entire 20 years. One day, a survey company came through and found that our fence was way off of our property! They also found a manhole in our front yard. Wow. Goes to show that it is important to contract with a good surveyor before building.
ReplyDeletehttp://www.asam1.com/asamservices.html