Monday, May 24, 2010

Do I have to be okay with a bad neighbor & peeing cats?

I purchased my home in June ’06. I immediately had a land survey done. The survey showed the neighbor was 5ft ON my property. I wanted my 5 feet wide x 50ft long. I took the survey over to my neighbor to show him, immediately he was angry with me. How dare me!!? Anyways..he moved his fence, installed a new one. Since then I have caught him %26amp; his wife watching my daughter %26amp; I play or just being outside. I finally was able to catch the neighbor on film looking over my fence watching from a step ladder. Now as of two days ago he added lattice %26amp; bamboo. 3 feet additional height to the 6 ft fence. Now a 9ft high fence. I searched online and he has no current permit. Also his cats (4) have pissed all over my vehicles %26amp; garden beds. I want them away and I want his 9ft fence lowered so he can't hide and watch us! What can I do? BTW, my neighbor is a retired Army Master Sargeant, no one tells him anything! I am in the state of Maryland if that helps. AA county.

Do I have to be okay with a bad neighbor %26amp; peeing cats?
Call your local alderman or city clerk and ask them about the fencing question. One of them will make him do it to code.





If you suspect him being on the other side of the fence, put your sprinkler in that area and let it soak everything. Or use the hose to clean 'your' side of the fence. Hopefully he'll get a face full.
Reply:Do you have a dog? If not borrow one. I would take the dog for a walk, right past his front yard, and let the dog crap in his yard or driveway.





Do you have binoculars? Next time you catch him peeking over the fence, have those suckers handy so you can look at him through them (I don't care if you are just a few feet away). We had a nosy neighbor doing that once and that stopped it really quick.





He sounds obnoxious, btw, just because he is a sargeant doesn't mean he is more than a bag of hot air. You aren't under him so he can't tell you what to do.





Good luck!
Reply:almost the same problem at 6the first of this yr.i putn up no trespassing in a couple places,then infoem negh.i would call police if any of his party were cought on property,theres really nothing you can do bout fence,expect call bout building permit
Reply:Talk to the town hall. Nnd no you don't have to be ok with it, this is sneaky behavior.


Im 18 years working as pumpman on board tanker vessel, what kind of job can i get on land base?

im a man who called, jack of all trade master of nothing, i can do welding mechanic, repair of something, iwant to work on land base, im tired being on board, specialised in cargo survey, rigging hose connection on vessel

Im 18 years working as pumpman on board tanker vessel, what kind of job can i get on land base?
There should be plenty of jobs for a man with many practical talents. School Caretaker, working at a water treatment plant, general handyman, your local council probably has many suitable jobs.
Reply:santa , snow shoveler,


Metes and Bounds Survey Question?

I am currently taking a real estate law class online and the assignment that is due is to find a parcel of property deed or survey then make it into a metes and bounds survey. I have looked and looked and first off I cannot find any deeds online that are detailed enough to turn it into a metes and bounds survey. Secondly we only discussed it a little bit "in class". Does anyone have any suggestions as to where to look for either a survey of land or a deed that would give a detailed description of land; and also does anyone know how to look at a survey or deed then turn it into a metes and bounds survey?

Metes and Bounds Survey Question?
A metes and bounds survey is contained in most surveys you find even today. You may be already aware that this form of describing the physical boundary of a parcel was created by in good ol England. Instead of using a physical natural feature like a bend in the creek, today's surveys use control benchmarks as a reference. So for instance you might see a survey referencing a benchmark XYZ on 123rd street and 321 avenue, heading west 200 feet to the point of beginning. Then the survey would traverse around the parcel using degree, minutes,seconds and direction and length all the way around the parcel until you reach the point of beginning.





You can find copies of surveys at the county assessors office for almost any given parcel. The best source is to find a recently platted subdivision.
Reply:If you are in the USA, quite simple. Go to your county Registry Of Deeds, take a book from the shelf and look through it to your hearts content. You will be able to read countless thousands of deeds all showing the metes and bounds. All deeds are a matter of public record so you will not have any problem viewing but they may make a charge if you want to copy anything.


Thursday, May 20, 2010

I bought a house, come to find out septic not on the property, who is responsible the old owner, or us?

Bought the house six years ago, township did a land survey, most of my septic is not in our backyard but in our neighbors. shouldn't of this been disclosed when we bought our home? Can we sue the previous owners for putting this houses septic on someone elses property?

I bought a house, come to find out septic not on the property, who is responsible the old owner, or us?
My mother had the exact same thing happen when she bought her house 30 years ago. Her lawyer advised her to just come to an agreement with the neighbor and not bother to go after anyone. You might put in a lot of hassle for a whole lot of nothing.


When the septic needs replacing then you can have it moved onto your land. In the meantime, discuss it with your neighbors and have some papers drawn up with them giving you permission to have your septic on their property until it needs to be renewed.


Often times, if you try to sue someone in a situation like this, you end up spending more money then if you ripped up the whole septic and had it replaced. It is just not really worth it.


Good luck!
Reply:Its possible you could sue, but as a buyer you also have a duty to do your own due diligence. Did you have a survey, or did you just take the owners word? It will be hard to prove they had knowledge that this was even off their property if it wasn't installed by them. What if it was installed by the owner before them, and they didn't know? Good luck, but I also feel you had some responsibility here.
Reply:I suggest you consult with an attorney about your rights.

Sweating Disorders

We live in NC, have used land with permission of the former owner for 17 yrs, new owner wants to take it back?

We have used the land with the former owner's (now deceased) permission. Land has been sold and new owner has put up survey stakes where the property line was originally. The use of this land has been open and known to the daughters of the deceased owner. There was never any type of legal document written up with permission to use the land. We have built a shed and the fence has been there for the 17 years, in the same place that the previous owner put it. My husband father and uncle owned the adjoining land years ago and when my husband built the house on his fathers land his uncle gave him permission to use this portion of land. As I said, his uncle is now deceased and his cousin has bought the land, and has had it surveyed and the property line goes right through our exsisting driveway....HELP!! Thanks!!

We live in NC, have used land with permission of the former owner for 17 yrs, new owner wants to take it back?
First off, they cannot get rid of an existing easement, meaning that your road (driveway) should be able to stay, at least legally. Everything else is HIS to do with as he wishes. Unless the taxes have been paid by you for the last 7 years or so, you probably will have trouble (unless you own the land, I never quit understood that part). Good luck!
Reply:Wow, seems like an important question to put up to a "vote" or to want "free" advice for. You do get what you pay for...





Anyway, first contact an attorney that specializes in real estate and set an appointment. You should be able to find local attorneys via that if you pay a referral fee, you get a half hour or an hour of "free" consultation. Contact a local law school as to where to call for a referral, some lawyer referral agencies are expensive and get you nowhere fast.





Second, dig out any documentation you have to show how long you have used the property for your driveway and shed. So it was verbal. You think judges are stupid? 17 years is a long time for someone to use another's property without the owner protesting. Actions do speak louder than words in this case.





Third take a lot of photos before your relative shows up in the middle of the night and tears everything down.





Fourth, actually go to the attorney. If you indeed have used the property for 17 years and can document that, likely you can continue to use that property. I'm sure your relatives know quite well that you have a legal right for access and figure they can simply scare you away. I suspect if you abandon the easement, then you may lose all rights to it.





So before you do anything or agree to anything, get sound legal advice relevant to your state. And don't complain about the cost of the lawyer. If he charges $300 per hour but knows the law, it may be the best spent $300 of your life. A good lawyer will also tell you if it is worth fighting, or if you are better off with another lawyer with a lower hourly rate. In one firm you will usually find a variety of hourly rates depending on the attorney's experience.





Ask questions! No question is too dumb when you are paying for the advice!
Reply:It seems to me that there is nothing you can do about it.
Reply:If you have made any monetary contributions (such as taxes, insurance, improvements) and have the proper receipts or documentation, you have a vested interest in the property and are entitled to some fair compensation. You had to know that your agreement wasn't legal and not entirely enforceable. If you have any living quarters (human or animal) on their property, you may have a case. Even so, you might want to think about making them evict you formally at which time you will file your countersuit to reimbursed for any investment you have contributed. You need a lawyer! Good Luck





By the way, verbal agreements ARE legal and enforceable if able to be proven. But keep in mind an agreement of use is not the same as ownership privileges.
Reply:Traditional common law provided a method for someone to obtain title to land through use. The common law rules for adverse possession have been codified under both federal and state statutes. A typical statute allows a person to get title to land from the actual owner simply by using the land, out in the open for all to see. For example, your neighbor built a fence on your land with the intention of taking the property, paid property taxes, and you knew about it but did nothing. If this continued for a period of time set by state law, your neighbor may be able to claim this property as his/her own. The theory is that, by not disputing your neighbor’s use of your property through a lawsuit, you, as the actual owner have abandoned your rights to the property.





Also, virtually every property is burdened by or benefits from an easement. Property owners should understand the legal consequences of those easements and where they are located. Unless properly recorded, an easement might not be valid except when it is obvious by long continuous use, such as overhead power lines. When someone uses part of your property without your permission, and without a prior recorded easement, he or she might become entitled to permanent use of that easement. The legal requirements to acquire a prescriptive easement over someone's land requires (a) open, (b) notorious (obvious), (c) hostile (without permission), and (d) continuous use of part of another's property without permission for the number of years required by state law. Payment of property taxes is not required, as it is to obtain title by adverse possession. Because prescriptive easements can be shared the hostile use need not be exclusive. Use can be shared with the legal owner and/or other hostile prescriptive easement claimants.After meeting the time and use requirements a prescriptive easement acquirer can perfect the easement by bringing a quiet title lawsuit against the property's legal owner. An experienced real estate attorney is usually needed to prove the prescriptive easement requirements.
Reply:Permission to use land with nothing in writing is just that..


it is verbal..


the uncle/oldman/brother died and had a will...there was a reading/probate (where were you then), did you get a piece of land left in the will?? there is a probate on the will and you should have filed your dispute then..


you were left nothing in the will


who knows what this person did "use" may to him when he went home and told his family was temporary..obvious when he died he did not leave it to you but his daughters..


now during the probate /after the probate ( a legal) 2 more legal happened...the daughters got the title (how much time 6 months, 2 years) you did nothing?? no paper work?? not left in the will?


taxes were paid..and obviously your family did nothing to claim your land..against the 2 legal so far..


now the daughters...have called in and advertised and sold the land..another change of documents/title ads run..etc


and what did you do to ..make your claim..


taxes were paid...and a will read...


now...the new owner is ..getting the property properly surveyed..and going to start work..


the new owner (now 3rd)..is.. probably very well aware of their rights and knows..what they can do with the land and has paid for the permits to do this legally..





this is my opinion and ..that is that..


the court may ..have another choice..but the court will not violate the city laws.. which includes lot sizes..and where driveways are..etc..some places allow double driveways right on the property line..and maybe this is how the sisters claimed the land when they sold it..and they believed the father paid for this driveway..


you obviously are not talking..


you have not filed.........in 3 changes of court actions


you have not called the city by-laws..for your rights...or the courts


you need to know..the building codes..


one can only assume..what the codes are..


what the sisters were told..


use is a broad word and obviously you were not given the land in the will..and you did not file..for the land in the will hearing..


you were left nothing i assume in the will..


i believe a reasonable time has lapsed and enough legal documents..that were not disputed..that you lost any rights..and maybe have not..if the by-laws do not allow this ..


you may end being billed for putting the driveway in..


or you can offer to buy the driveway..


you did not talk to the family..


you did not file..


it was their land..you should have gone to them..


going into court with documents that you paid for the driveway may result in your having to pay for the driveway to be removed..


know your by-laws..you may end up with a ticket for trespassing.


you were left nothing in the will


possibly you may be able to buy your driveway back legally


eg..your lots are on a dead end street..yours is the last lot..temporarily the old man said..yes use my land..(until your financially able to finish the road etc to your land)..now you go to court for an easement..(just an eg)..I do not think the court will give it..it is 17 years...and the will was read..you were not given the land..now this is my opinion..maybe a judge will...the sisters owned the land..and then sold it...still you did not ask to buy this land..during this process or talk to the sisters.. somehow..i can't see it happening..to go into the court and say..but I always used this..is the same as saying..the law was there..the agreement..and i ignored it..the old man died and did not leave us the land in his will.....and I assumed..i did not check or ask..is ignorance of the law ... I simply ignored..the old owner / the will/ the new owner..and now the 3rd owner.. because I was here and always here...and got away with..not having..to stay on my land..


an easement is usually put on by a governing authority.. and if you look it up..it is to provide a service..as gas/hydro/water..not a driveway.. a right-of-way..is issued when nothing else is available.. and if your talking a city lot..your by-laws may be such that this is trepass and you get billed to remove that driveway..that the uncle/owner then sisters/owner did not enforce this.. you also did not go and offer to buy this..or confirm your usage..just went on..taking more and more...they may have felt completly terrorized by your family..and sold it..to not have to deal with a problem..


On a land appraisal what would this mean 419+37.26?

my land was surveyed and on the written part of it says "25 ft right of centerline station 419+93.42". What do these numbers mean?Then i have like a map or a sky veiw of my propery and these numbers appear all over it, in the same format 419+10.08, 419+75.00 and so on. Then there are numbers with degree signs in them and the discription says radius of 699.07 ft? I am so lost, appreciate the help

On a land appraisal what would this mean 419+37.26?
That is a station number. Not a grid coordinate or latitude or longitude.





It represents a point 41,937.26 feet from the POB (point of beginning).





The size of the number and the 25 foot offset, leads me to believe that the traverse line the stations you list are on is probably the survey for the centerline of a road.





the 699.07 radius sounds like a nominal 700' radius curve in the road. It should have a delta angle listed with it along with other curve data.





Talk to your county surveyor, he can show you how it fits into his data.
Reply:You are reading the legal description for the property, or a transcription thereof. The land you are interested in abuts a highway right of way or other road. The station call is the distance from the start of the road project, station 0+00.00. To find 25 feet right of station 419+93.42, you would travel the centerline of the road from 0+00.00 41,993.42 feet going toward station 100+00.00, and then go 25 feet to your right.





Usually you can find one or more monuments for the road right of way. Two are required to give you the proper direction, and from there you can find your point.





On the plat, the station markers will show the critical points of the road - beginning of curves, changes in radius length, and end of curves. At straight areas in the road, the stations will be marked in even increments.





The degree signs designate how much of a full circle the curve represents. 360 degrees is a full circle, of course, so a 127 degree curve is somewhere between 1/4 and 1/2 of a circle.





699.07 feet is the radius of the road curve. This allows the road to be recreated, for purposes like yours. A land surveyor can take the information you have and with a little work mark the exact corners of the parcel of land you are looking at.





If you are purchasing or selling a parcel, you may want to consider getting it surveyed. It is required in some states and optional in others, but is a good practice always because a survey makes sure that everyone knows where all the boundaries are and that there aren't problems with fences and roads.
Reply:they are grid coordinates. latitude and longitude. probably taken from a plat book for an exact location of the property


Property rods land markers?

Property rods land markers


I would like to ask this question.


When you buy a piece of land and


You go thought a title company and they hire a survey crew to survey your land


And then you get your land description showing where all you steel rod markers are


And even get the micro film from the surveyor showing the same thing. Then 4 years later some person buys the land next to you and a different survey company comes out and they say the steel rods are not right and your back fence belongs to the land owner behind you and the last to survey it dose state that it looks like someone did move the rods what do you. Why buy title INS if they tell you there is nothing they can do to help matters. are there any links out there to this

Property rods land markers?
Boundary disputes are fairly common in this business. You could hire a surveyor to survey your property again, and compare findings, but your best bet would probably be to contact a lawyer (one who specializes in real estate law). You could be right, your neighbor could be, or neither of you could be.





I am also assuming the the fence was there when the first survey was done.
Reply:You could call the police and tell them about your situation.
Reply:If in fact a title insurance policy is in effect, your title insurer should be involved in this land dispute because they are responsible to pay all of your expenses it takes you to resolve the problem. This includes lawyer and other legal and diminished value should you lose the land in dispute. Get a lawyer! In the mean time get some sort of injunction to prevent the neighbour from doing anything to the property area in dispute. (eg: removing the fence, removing the land markers) And take pictures of the property in it's present condition. Unless the neighbour gives in, this could get very nasty and end up in court. Be prepared.