fence line dispute

[SJB]

yes. This is one of the things title ins is for.
I wonder what makes him think he owns 2.5 ac on your property?

PIA that comes out of the woodwork post closing and is trying to get something for nothing. Gotta love people. :yuck:

usually, it's because "old man so-and-so" told his great uncle, who told his mama, who told him back in '57 that the property line went about 40' south of the barn that burned down 40 years ago and isn't there any more.

ever hear an old married couple argue about the names of people they went to school with, or where they first met, or nearly anything that happened 40+ years ago? well, property line recollections are the same way. except instead of esoteric details, they are about the one thing most folks who have worked all there life hold more dearly than any other material possession - their land.

ever see an old farmer recoil in horror when he finds out that an up-to-date and accurate survey would cost him $1500? he don't need no fancy surveyor, he remembers exactly where the corners are.

any time you start talking about land, people get fired up. and when you show him the survey (that you paid for btw) showing he really doesn't own to that old sweet gum tree 40' south of where the barn was before it burned down, he's not going to believe any ol' piece of paper (again, that you paid for) over his own *ahem* photographic memory.

no matter what kind of proof you show him he will swear for the rest of his life that you and your fancy bought-and-paid-for surveyor cheated him out of 2.5 acres.

and just to add, as someone already pointed out, depending on your state laws, Adverse Possession may overrule your survey and he really does own that 2.5 acres!

 

[Jogeephus]

High bushes and the low water mark are common monuments here. I dealt with one last week where a neighbor accused us of stealing his wood and wanted payment for it. I showed him the survey and the boundary corners and the flags and he had no problem with what I was showing him its just that when he planted his trees on his property he didn't know where the property line was so he planted them to an old fire line so these trees, while on his neighbor's property, were his because he planted them and he wanted payment for them. And people wonder why I might take a sip from time to time.

 

[NECowboy]

yes. This is one of the things title ins is for.
I wonder what makes him think he owns 2.5 ac on your property?

PIA that comes out of the woodwork post closing and is trying to get something for nothing. Gotta love people. :yuck:

usually, it's because "old man so-and-so" told his great uncle, who told his mama, who told him back in '57 that the property line went about 40' south of the barn that burned down 40 years ago and isn't there any more.

ever hear an old married couple argue about the names of people they went to school with, or where they first met, or nearly anything that happened 40+ years ago? well, property line recollections are the same way. except instead of esoteric details, they are about the one thing most folks who have worked all there life hold more dearly than any other material possession - their land.

ever see an old farmer recoil in horror when he finds out that an up-to-date and accurate survey would cost him $1500? he don't need no fancy surveyor, he remembers exactly where the corners are.

any time you start talking about land, people get fired up. and when you show him the survey (that you paid for btw) showing he really doesn't own to that old sweet gum tree 40' south of where the barn was before it burned down, he's not going to believe any ol' piece of paper (again, that you paid for) over his own *ahem* photographic memory.

no matter what kind of proof you show him he will swear for the rest of his life that you and your fancy bought-and-paid-for surveyor cheated him out of 2.5 acres.

and just to add, as someone already pointed out, depending on your state laws, Adverse Possession may overrule your survey and he really does own that 2.5 acres!

This sounds especially stupid though i can see farmers arguing about fence line but this is guy is trying to double his measly 2.5 acres in an area of 100+ acre parcels.

 

[Jogeephus]

We just closed on a 110 acres in eastern Oklahoma last Monday. I went out sat to start clearing fence line and got to talking with one of the neighbors. he owns 2.5 acres next to us. He was saying that he actually also owns 2.5 acres of the land we just bought. I was very polite and told him that we can get to the bottom of our confusion, and I would wait to fence that area till last. That should give me time to figure out what is going on. we have a survey, and had title work done so all of that should have reviled anything hinkey about a border dispute.

Easy solution. Check the tax office and see how many acres he is paying taxes on. If its 2.5 acres, get a copy of that and show it to him and ask to see his survey. This should shut him up because he sounds like an idiot who thinks everyone is dumber than him.

 

[Cross-7]

Hopefully, your title metes and bounds isn't in varas like one I had was..........

I had a similar deal last year
I bought 83 acres according to the deed
When I sold it his lender wanted a survey
It was a big 1/4 (166 acres)that had been split years ago and thought to have been 83 acres each
Metes and bounds showed I only owned 80 acres
Bought 83 and only got 80 acres

 

[JMJ Farms]

This sounds especially stupid though i can see farmers arguing about fence line but this is guy is trying to double his measly 2.5 acres in an area of 100+ acre parcels.

Just remember, that whether he's right or wrong, that "measly" 2.5 acres is likely just as important to him as the 100+ acre parcels are to their owners.
Gotta start somewhere and if everybody owned 100+ acre parcels then there wouldn't be enough land. :tiphat:

 

[NECowboy]

This sounds especially stupid though i can see farmers arguing about fence line but this is guy is trying to double his measly 2.5 acres in an area of 100+ acre parcels.

Just remember, that whether he's right or wrong, that "measly" 2.5 acres is likely just as important to him as the 100+ acre parcels are to their owners.
Gotta start somewhere and if everybody owned 100+ acre parcels then there wouldn't be enough land. :tiphat:

Eastern Oklahoma is probably like central Nebraska where most tracts of land are 80 acres +. Been around some in Oklahoma and it seemed that way to me. That's why a 2.5 acre tract would be unusual and is usually a pivot corner that someone has built on. Especially in the midst of pasture country, 2.5 acres out here is not normal parcel size. I've been around the south and that's normal to see there so didn't mean to have it go out of context.

 

[greybeard]

Survey pins on the ground are usually correct.
I have seen a few be wrong.
You should have a plat with GPS coordinates and linear measurements. Check that every thing matches up. Is it dosent contact your surveyor.

Yes, he should have one that looks something like this:

 

[Cross-7]

Had another in 2014
Was fenced like red line but should have been like the yellow line
Cost me to survey and fence it right

 

[NECowboy]

Had another in 2014
Was fenced like red line but should have been like the yellow line
Cost me to survey and fence it right

Looks like sections, half sections, quarters, and 80s down there as well.

 

[Cross-7]

Had another in 2014
Was fenced like red line but should have been like the yellow line
Cost me to survey and fence it right



Looks like sections, half sections, quarters, and 80s down there as well.

NW Oklahoma Woods Co

 

[NECowboy]

Had another in 2014
Was fenced like red line but should have been like the yellow line
Cost me to survey and fence it right



Looks like sections, half sections, quarters, and 80s down there as well.

NW Oklahoma Woods Co

Didn't know where woods county was. Maybe brandx area is different dunno.

 

[Craig Miller]

Papaw and mamaw sold off all their land except 10 acres. The new owner lived there several years then decided to run the lines and put up all new fences after papaw was gone. Turns out mamaws fence was over on him as much as 30 ft in one place. She got mad and accused the surveyor of being wrong. I tried to tell her it was most likely right since they stake their license on it being right. She hired her own surveyor anyway and told him she wanted it ran from the section corner. So he ran from the nearest one. Best he could tell nobody had ran off that corner since 1936. It ended up costing her $6000 to find out the first survey was correct the whole time.

 

[dun]

Not a property dispute but I found it entertaining. We bought a pice of land that had a spring hidden back in the woods. There was one restriction on the title insurance. A path through th woods could not be fenced. A did Indian had the rights to the use of the spring. That one stipulatin had been on the deed for at least a hundred years when we bought the place. It even specified a "dead Indian"

 

[tater74]

I had a similar deal last year
I bought 83 acres according to the deed
When I sold it his lender wanted a survey
It was a big 1/4 (166 acres)that had been split years ago and thought to have been 83 acres each
Metes and bounds showed I only owned 80 acres
Bought 83 and only got 80 acres[/quote]

When we bought our place I specified a $/acre. Survey from 1936 included the roadway. The survey from 2012 excluded it. Saved me the price of 4 acres.

 

[BrandX]

Dun;
see that is what worries me. This guy is indian and he says that its some old indian land that never had the right to be sold. So i guess what worries me is, can something from way far back in time be dug up that screws me. I got the feeling they were wanting to fence of they land before someone bought it and then they might have a better claim to it. the area in dispute is marked in red. we do have title insurance so i will not lose money, but still.



This seems like a no win situation. If he is right then I am out land and if I am right now I have a pissed off neighbor who may feel cheated. We do all this legal paper work to prevent this stuff, but still have problems some times.

 

[cow pollinater]

Not a property dispute but I found it entertaining. We bought a pice of land that had a spring hidden back in the woods. There was one restriction on the title insurance. A path through th woods could not be fenced. A did Indian had the rights to the use of the spring. That one stipulatin had been on the deed for at least a hundred years when we bought the place. It even specified a "dead Indian"

There was a similar deal in CA. It was a multi million dollar piece of ground that sold and there was an old indian that lived in his pickup under a hundred year old barn. The old lady that sold the place turned down a lot of offers for a lot more money to find someone willing to work with an iron clad easement for that old indian to live in his truck under that barn and walk to town every few days.

 

[JSCATTLE]

As long as you have title insurance you should be fine . They will either pay you for the land since the title is wrong or buy the guy out .. I had someone claim 22 acres of the land I bought .. I paid 1200 an acre for it .. title company recorded it wrong saying I was partial owner.. he went out of business 3 weeks later .. Stewart title ended up paying 3 times the ammount I did to buy the heir out .. at first they wanted easement but decided they couldn't afford it once I gave them a price .. the lawyer told me I had to give them easement but I could charge whatever I wanted ..

 

[greybeard]

In the early or mid 6s, a knock on the door one night and there stands a well dressed elderly Mexican man wanting to speak to my father. He came by to thank my father "for taking care of my lot here beside your house all these years". He had an old deed -Spanish land grant type. Dad, tho had bought the land free & clear from someone else in '56 and had clear title and warranty deed. The guy didn't seem happy but he rolled up his ancient piece of paper and left. Never heard another word about it.

 

[Kingfisher]

High bushes and the low water mark are common monuments here. I dealt with one last week where a neighbor accused us of stealing his wood and wanted payment for it. I showed him the survey and the boundary corners and the flags and he had no problem with what I was showing him its just that when he planted his trees on his property he didn't know where the property line was so he planted them to an old fire line so these trees, while on his neighbor's property, were his because he planted them and he wanted payment for them. And people wonder why I might take a sip from time to time.

Dude you just take a nice tug off that bottle...