I am curious whether anyone has had experience with a boundary dispute and/ or has any advice on how to handle this situation. I apologize in advance for the long post but details are important.
We have had a vacation home for twenty plus years in a rural development near a popular regional tourist destination. We decided to sell it because we were no longer using it, did not want to rent it, and were hoping the proceeds would pay for the rest of college for our sons. In talking to our realtor we disclosed that the property owner next door had mentioned to my spouse once about ten years earlier that there was a boundary dispute and subsequently an iron stake was placed a couple of feet from our driveway, about twenty feet from where we understood our boundary to be. We were advised to get a survey, which confirmed that our understanding of the property line was correct.
While doing the survey our surveyor was approached by the neighbor who said he had his property surveyed and that our survey was incorrect. Our survey is consistent with the map of the development, whereas the neighbor’s alleged survey is inconsistent. Our surveyor said he would contact the neighbor’s surveyor and explain why he thought he was wrong. A couple of weeks have elapsed. Our surveyor has called the other surveyor but has not had his call returned. Our surveyor has said he would visit the other surveyor but has not done so. It took almost three months for our surveyor to come out and do the survey, so I would not be surprised is another month passes before he follows up. In this area things move slowly, and getting any work done takes two to three times longer than it does in our hometown.
In the meantime we could disclose the dispute and put the home on the market but could not close the sale as it would not be possible to close due to the inability to obtain title insurance. The neighbor is not someone who can be reasoned with, and we have learned that he transferred title to his daughters several years ago, so he has no authority to reach a compromise.
The realtor has been discouraging me from seeking legal advice but I am running out of options. The summer selling season is almost over and there is no end in sight to this holdup. I have some general idea of the legal options (I am a lawyer but different specialty) and am well aware how it can quickly become expensive once lawyers become involved. Even retaining an attorney may be challenging as it is a small area and there are likely to be conflicts.
Is there a survey on record with the town? It that matches what your surveyor showed, I’m not sure what the problem is other than you have a crazy pia neighbor.
My survey will be recorded. Neighbor’s is not. There is no “official” town survey on record, just a rough map of the area that shows the outlines of the lots. Neighbor has threatened to come over and tell anyone looking at the house that there is a boundary dispute. So I would like some sort of official resolution.
It is very dependent on state law, including ‘fence’ laws and adverse possession. It will depend on if plats or surveys have been filed with the city or county. It will depend on how the property has been used (a path, a driveway), if it is the only access to adjoining property, if lopping off the piece makes the remaining property unusable or out of compliance (if the town or county requires a 2 acre parcel).
I think a title company could write a policy with an exception for this issue, but the question is could you find a buyer? I’d stay on the surveyor to work it out with the other surveyor. I’d also contact the title company to help.
Probably none of you should be talking with the neighbor. Any required conversations should be with the daughter if she is the legal owner. Maybe she can hire her own surveyor and see what that person says.
I had a similar situation. Our surveyor had to go back to review the original surveys from when the property was initially subdivided over 30 years ago. Based on that information, it appeared that my survey was incorrect so the surveyor made the change.
Seek legal advice. The heck with what your realtor says. You absolutely need a lawyer to navigate this. There is a specialty of attorney called “land use attorney.” Go find one in your area.
Do not have your surveyor contact the first surveyor. You would be putting an ultimate decision in their hands. Make sure your survey is recorded ASAP. Find the best land use attorney you can. We had a property line dispute that cost us money, time and a good deal of distress. Woke up one day to find neighbor putting an above ground pool on our property. Tried to discuss it with them and showed them our recorded land survey. They did not have one on record. They called a surveyor who incorrectly used reference points from the corner, (the road was now straightened) versus the original survey and division of plots. We paid for another survey which supported our original, but could not afford an attorney. I did all of the legal research myself and called land use attorneys in the area with specific questions and took advantage of their “free consult” time. I reported the neighbor to the town and had several appearances before different land use commissions. The ruling was finally in our favor but it took months. We put up a fence on the correct property line and he came out with a rifle to “scare off” the workers. They used to scream across the yard to us and I ended up video taping them and filing a number of police reports.
Run a title report to see what is actually out there. Check the legal descriptions of both properties. See if there is an actual conflict or your neighbor is on drugs. Put the house up for sale and see what happens.depemding on what you find out, get a lawyer if needed.
I have only served on one jury trial as a juror in my life…and it was a boundary dispute.
Get a really good land use lawyer, and record your survey with the town ASAP.
I can tell you…the parties in the lawsuit could not agree and it need up on court. We heard surveyor after surveyor talk about this property and none of the surveys really agreed at all. In this case, the property owner was able to very clearly define her boundaries. At the end of the day…she won her dispute, but what a headache.
Get a really good land use lawyer.
Was there no survey done when you purchased this property? Nothing on the land records? Do,you have title insurance? Any chance there are land records someplace to help define this boundary?
To be honest I really don’t care how the issue is resolved. I just want it resolved. It is a small triangle shaped piece of land at the edge of the property. Losing it would not impair my use of the property and gaining it will not let him do anything on his property he can’t already do. It’s too small to build on, not flat, and wooded. The worst he can do is clear cut it. He just wants it because he thinks he will have the most road frontage in the development if it is part of his lot. Losing it would make my lot rather oddly shaped, but would not impact setbacks, etc.
I would be willing to hire a third surveyor to survey both properties if he/his daughters would agree to be bound by the results, but I don’t expect that would happen. I have never spoken with him or even seen his daughters. He never comes over when we are there, but will approach any contractors/surveyors working on the property. I guess I will have to find an attorney to speak for me.
Why are always the aggressors take advantage on others? I would wish that I have Hells Angels relatives and invite them to camp out in my back yard every weekend until the neighbor’s daughter moves first. Such a pain.
If you neighbor thinks he owns it, has he been paying real estate taxes on it all these years? The only such dispute I am familiar with like this the neighbor wasn’t paying taxes on it. When the town got involved they started to calculate all the taxes and late fees, the problem went away fast.
I gotta ask - in the absence of any sort of legal/formal complaint, in the eyes of the law is there actually a “boundary dispute”? Maybe the legal owner (the daughter) doesn’t give two flips about it and the father is just all sound and fury without legal standing? Can you just file your survey and move forward while ignoring the neighbor until he takes some form of legal action?
I sort of figured it didn’t matter who owned the 20 feet in dispute. Have your surveyor write a new legal description, have the title company insure that, sell that.
It sounds like this is in a rural area so I doubt there are subdivision plats filed. Figure out what is the controlling authority, like tax lots or an original town plat.
Like @anomander said a crazy old neighbor does not make it a boundary dispute. It makes it a crazy old neighbor problem. Which might make it harder to sell the place.
