[TheForge] surveys & deeds

[Andrew Vida]

On 4/21/2012 7:47 AM, Cindy and James wrote:
> Here in Texas surveys vary and sometimes the best reference point is an
> old fence line.  Most surveys were done years ago and are surprisingly
> accurate considering the methods used at the time, hence the term, "more
> or less" on the acreage.  I have seen survey maps w/ calls for sections
> (640 acres) that are distinctly different in size from the one next to
> it and both stating the same acreage.  I also remember the ranch
> adjoining where I grew up sold and the buyer had it surveyed... it
> contained 240 MORE acres than the deed called for!  Yes, that tract
> actually contained 240 acres more than the deed stated.  That survey was
> probably done in the mid 1800's.

So the author of the deed screwed the pooch, it would seem.  So either 
the deed is wrong in calling 10.32 acre 5.5, or the deed calls are wrong.
>
> Texas also has a provision called "adverse possession" whereby one can
> obtain title to land actually owned by another by using it without the
> owner's permission but that's rare and hard to prove.  I was called to
> testify as an "expert witness" in one such case in the early 80's (I
> worked for USDA at the time).

Same in WV and NJ, though the neighbor must know you're using it and 
issue no complaint.  Twenty years in NJ and 7 in WV.  These fence lines 
I have replaced and am still working on have clearly been here a long 
time - I would say at least 30 years judging by the condition of the 
locust posts, many of which were rotted at the ground line.  By WV law I 
can deed this to my property if it is on the neighbor's side.  I do not 
know that to be the case, but if the neighbors deed is that messed up, 
who knows what the actual boundaries may be.
>
> On my wife's ranch in Sherman, TX there was a case sort of like this
> that I "solved" last year.  A 22 acre tract wasn't fenced on 1 side and
> the neighbor on that side was farming annual crops.  You can't see the
> property lines due to the terrain and he was farming on our land, maybe
> 2 or 3 acres.  This had been going on for several years but my wife's
> dad just let it go (he didn't feel good and died 2 years ago).  I got
> out the deeds, bought a tape measure, some surveyor's flags, measured
> and  marked the boundaries w/ flags and let them sit for a few months.
> Then I went back, drilled holes and put pipe fence post every 400 feet.
> Didn't say anything to anyone, just let things slide.  Neighbor
> harvested his crop and when he planted this year he stayed on his land.
> Now I need to go back and put up wire and finish the fence.

  I ran another 350' down in the bottom by the creek.  I figure I may 
have another 500' to go... all up hill.
>
> Everyone thought I had it surveyed because of the flags (this is the
> actual story that went around).
>
> You may not be so lucky.  There have been a killings over property lines!

Not too worried about that.  I'm probably better armed. :)  Seriously, 
the woman who owns it bought is for $10 (ten dollars), has no money from 
what I hear, doesn't live there (rents it out) and like me is probably 
is not looking to hire lawyers and surveyors.  So I am replacing the 
fence line just where it was and see how it all goes.