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Thread: Survey issue - to our detriment

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    Join Date
    Jun 2014
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    Survey issue - to our detriment

    So......... apparently when we bought our house in 1998 the fence and the property line didn't match up and no one said anything. It's to our Detriment. It's 15 feet. Now, our neighbors when they bought the house next to us, apparently didn't have a survey done. I Assume it's bc they paid cash? Anyway, both of us bought our houses the way they were. We live in a cul-de-sac.

    This impacts our pool dreams tremendously. 15 feet is a lot for our yard. Our yard is way, way smaller than theirs. They built a pool earlier this year. We got their survey and their survey says: "the deed has a save and except clause that described that triangle that follows the fence line as found on the southeast side of the lot. However, it does not identify who owns the save and except tract in current deed. We have shown the S&E tract on the survey and have referenced the deed. the fence on the northwest line is about 13 feet southeast of the northwest corner and the north fence encroached onto the Reserve tract to the north about 1.5 feet. We also found that a front corner of the house is 18.5 feet from the front property line which cross the 20 foot building line by 1.5 feet."

    I have no idea what any of that means but for the 15 feet is to our detriment. I looked up what save and except means and it was a bunch of gobblygook.

    Neighbors have landscaping and a ton of space and don't need our space. the husband and I don't know what to do and how to solve this problem. Any ideas? Where to start? What to do? I'm depressed at the moment.

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    Mod Squad JohnT's Avatar
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    Re: Survey issue - to our detriment

    Professional surveyor to do a correct boundary survey is your best bet. Was there any kind of property description in the documents when you purchased the house?
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    Re: Survey issue - to our detriment

    husband says that the property description does not say anything but the survey says something like fence is not on the boundary.

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    Re: Survey issue - to our detriment

    Do they want the extra 15 feet? If not have a quitclaim deed prepared and have them sign it.
    18' x 36' saltwater inground vinyl pool

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    Re: Survey issue - to our detriment

    I don't think they do. They have more than enough space.

    Do I need a lawyer for that?

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    Re: Survey issue - to our detriment

    A surveyor could write the legal and a title company could write the deed and file it for you. If it is a subdivided lot you might need to get it replatted to meet city or county regs.
    18' x 36' saltwater inground vinyl pool

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    Re: Survey issue - to our detriment

    A surveyor could write the legal description that is.
    18' x 36' saltwater inground vinyl pool

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    Re: Survey issue - to our detriment

    okay. thanks. I will go back to our original title company and surveyor.

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    steveg_nh's Avatar
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    Re: Survey issue - to our detriment

    Get them to give it to you, or buy it for a small amount of money. If it's been like this since 1998, and you've been maintaining it too without protest from real owners, I believe you can claim ownership somehow, but if you and the neighbors are friendly, just ask them to give it/sell it to you.
    24'x40' 25k gal Imperial Mountain Pond IGP, full 28 mil VynAll Ocean Breakers liner. All Hayward system: 140k BTU HeatPro heat pump, 3/4HP single speed TriStar 2" Pump, DE6020 filter, AquaPlus Automation/Salt Chlorination, remote controls, ColorLogic 4.0 lighting. Polaris 280 w/PB4-60 BP. TF100 & K1766 test kits. Rinox Palazzo pavers and Spherik coping. Pool installed 9/2013, project completed 6/16/14.

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    bobodaclown's Avatar
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    Re: Survey issue - to our detriment

    adverse possession.
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    Re: Survey issue - to our detriment

    You don't want to get into an "adverse possession" situation. Try to work it out amicably. Either by quitclaim deed or purchasing the parcel for a small amount.
    18' x 36' saltwater inground vinyl pool

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    steveg_nh's Avatar
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    Re: Survey issue - to our detriment

    Completely agree. Was just saying, if worse comes to worst.
    24'x40' 25k gal Imperial Mountain Pond IGP, full 28 mil VynAll Ocean Breakers liner. All Hayward system: 140k BTU HeatPro heat pump, 3/4HP single speed TriStar 2" Pump, DE6020 filter, AquaPlus Automation/Salt Chlorination, remote controls, ColorLogic 4.0 lighting. Polaris 280 w/PB4-60 BP. TF100 & K1766 test kits. Rinox Palazzo pavers and Spherik coping. Pool installed 9/2013, project completed 6/16/14.

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