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Re: Question regarding leases property line, and law regarding it.
[Re: HornSlayer]
#2713824
11/02/11 05:42 AM
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Joined: Dec 2010
Posts: 127
LifetimeLadyHunter
Woodsman
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Woodsman
Joined: Dec 2010
Posts: 127 |
It is really hard to believe that a buyer would not know exactly where the property line is. I believe a new survey would have been required by the loaning institution if the buyer borrowed money to purchase the property. No one should ever use an old survey! Ask the landowner to provide you with a copy of his deed when he purchased the property. There you should find the property description. If he won't cooperate, get a copy from the county clerk and go from there.
Regarding the statement about the guy who bought a property and discovered the survey revealed he had several hundred acres more than was under fence, the laws of adverse possession would more than likely have prevented the buyer from claiming the property - especially if it has been under peaceful use for the statutory amount of time and no objection was made. I am not an attorney and am not giving legal advice. I have a family member being sued right now over this very thing. The fence line had been there for 30+ years. The neighbor sold some of his property,but the survey indicated that some of his land was behind my family member's fence. The new owner tore down all of the existing fence and moved it over onto my family member's property to encompass what he thought he bought and paid for. The outcome will be decided in a court of law.
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Re: Question regarding leases property line, and law regarding it.
[Re: LifetimeLadyHunter]
#2714185
11/02/11 01:36 PM
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Joined: Oct 2011
Posts: 244
Tatsun
OP
Woodsman
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OP
Woodsman
Joined: Oct 2011
Posts: 244 |
Ok, update on this. Apparently there is a survey wich was done waay back when, and at that time the property had been divided into 3 peices. Now, once the property was combined there was a new road cut, running from where the house is located going west, turning south and the road runs all the way from where the house is to the old gate near where my stand and feeders are located at the main highway. The new owner was able to get in contact with the old owner, and there is a small tract of land that is owned by the county on the western edge of the property with no markers. Its looks like I will be ok, as I am on the leased land, but I just have to be careful not to walk onto or hunt the county property while I am there.
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Re: Question regarding leases property line, and law regarding it.
[Re: Tatsun]
#2714206
11/02/11 01:41 PM
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Joined: Sep 2010
Posts: 35,954
txshntr
T-Rex Arms
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T-Rex Arms
Joined: Sep 2010
Posts: 35,954 |
Ok, update on this. Apparently there is a survey wich was done waay back when, and at that time the property had been divided into 3 peices. Now, once the property was combined there was a new road cut, running from where the house is located going west, turning south and the road runs all the way from where the house is to the old gate near where my stand and feeders are located at the main highway. The new owner was able to get in contact with the old owner, and there is a small tract of land that is owned by the county on the western edge of the property with no markers. Its looks like I will be ok, as I am on the leased land, but I just have to be careful not to walk onto or hunt the county property while I am there. I still think that it would be a good idea to mark the area with flags if nothing else. I lease a place that has a nieghbor that is less than cordial. We have a boundry that is not marked and there is no way to tell where his property is and where mine is. To keep from mistakes or issues, I used a GPS and marked a path 10' from his boundry. I go into to the woods to leave my worries behind and enjoy nature. I don't want drama and I don't want to have to worry about anything. Glad you got it worked out 
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Re: Question regarding leases property line, and law regarding it.
[Re: LifetimeLadyHunter]
#2714326
11/02/11 02:17 PM
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Joined: Nov 2010
Posts: 457
JJSeabrook
Bird Dog
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Bird Dog
Joined: Nov 2010
Posts: 457 |
Regarding the statement about the guy who bought a property and discovered the survey revealed he had several hundred acres more than was under fence, the laws of adverse possession would more than likely have prevented the buyer from claiming the property - especially if it has been under peaceful use for the statutory amount of time and no objection was made. I am not an attorney and am not giving legal advice. I have a family member being sued right now over this very thing. The fence line had been there for 30+ years. The neighbor sold some of his property,but the survey indicated that some of his land was behind my family member's fence. The new owner tore down all of the existing fence and moved it over onto my family member's property to encompass what he thought he bought and paid for. The outcome will be decided in a court of law.
30 years of having property fenced in is about as hostile as it gets, other than building a house on it or something. Wouldn't be surprised if your family member ends up with a fence back where it used to be for 30 years. JJ
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Re: Question regarding leases property line, and law regarding it.
[Re: JJSeabrook]
#2714328
11/02/11 02:18 PM
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Joined: Nov 2010
Posts: 457
JJSeabrook
Bird Dog
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Bird Dog
Joined: Nov 2010
Posts: 457 |
Good deal, Tatsun! Happy hunting!
JJ
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Re: Question regarding leases property line, and law regarding it.
[Re: HornSlayer]
#2714500
11/02/11 03:23 PM
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Joined: Oct 2007
Posts: 3,056
rstewlandman
Veteran Tracker
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Veteran Tracker
Joined: Oct 2007
Posts: 3,056 |
If you can send me the Deed calls (or a deed) I can deed plot the area and if the property adjoins a county road and the deed mentions it can get you a very educated guess as to whether you are close to the property line. Or you can just read the calls and use google earth and measure the distance from the road to the back property. Let me know if I can help. I am a Petroleum Landman and do this kinda thing quite often for work.
rstewlandman@embarqmail.com
the man at the top of the mountain didn't fall up it
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Re: Question regarding leases property line, and law regarding it.
[Re: rstewlandman]
#2728641
11/07/11 07:31 PM
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Joined: Mar 2008
Posts: 34
ClayCtyNative
Light Foot
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Light Foot
Joined: Mar 2008
Posts: 34 |
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Re: Question regarding leases property line, and law regarding it.
[Re: ClayCtyNative]
#2728884
11/07/11 08:52 PM
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Joined: Apr 2007
Posts: 63,229
BOBO the Clown
kind of a big deal
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kind of a big deal
Joined: Apr 2007
Posts: 63,229 |
How did the land owner get title without a survey?
Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure, than to take rank with those poor spirits who neither enjoy much nor suffer much, b/c they know not victory nor defeat"- #26 TR
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Re: Question regarding leases property line, and law regarding it.
[Re: JJSeabrook]
#2729023
11/07/11 09:31 PM
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Joined: Sep 2007
Posts: 4,420
oldoak2000
Extreme Tracker
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Extreme Tracker
Joined: Sep 2007
Posts: 4,420 |
Regarding the statement about the guy who bought a property and discovered the survey revealed he had several hundred acres more than was under fence, the laws of adverse possession would more than likely have prevented the buyer from claiming the property - especially if it has been under peaceful use for the statutory amount of time and no objection was made. I am not an attorney and am not giving legal advice. I have a family member being sued right now over this very thing. The fence line had been there for 30+ years. The neighbor sold some of his property,but the survey indicated that some of his land was behind my family member's fence. The new owner tore down all of the existing fence and moved it over onto my family member's property to encompass what he thought he bought and paid for. The outcome will be decided in a court of law.
30 years of having property fenced in is about as hostile as it gets, other than building a house on it or something. Wouldn't be surprised if your family member ends up with a fence back where it used to be for 30 years. JJ Uh, 'Adverse Possesion' only works if the squatter ALSO pays TAXES the whole time on the 'fenced in area' that's not his; this rarely occurs in 'boundry dispute' cases cause the squatter is only paying taxes on the amount of acres on his deed, which usually doesn't include the acres that is 'mis-fenced'. All bets are off if deed has incorrect # of acres (hence the tax-calculation basis). as for OP's original question; If you get 'caught' hunting on land that you don't have legal 'permission' to , you open yourself up to a whole pack of violations and fines . . . In your case, you'd probably be fine, as long as you don't bring attention to yourself by doing anything like posting anything about this on a open public website forum . . .
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