|
|
|
|
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
14
|
15
|
16
|
17
|
18
|
19
|
20
|
21
|
22
|
23
|
24
|
25
|
26
|
27
|
28
|
29
|
30
|
|
|
|
|
|
|
|
55 registered members (WARPhEAGLE, Bowfish, Solothurn, Bull64, 7PTSPREAD, Geeb, Flyliner, Brent, MarksOutdoors, BC, Zbrann, janiemae, Bmyers142, JA, jawbone, billrv, Tator1, GoldenEagle, Shane99, filespinner, roll_tide_hunts, jchurch, kpswihart, Okatuppa, SouthBamaSlayer, outdoorguy88, PourIron12, Frankie, Paxamus, Tree Dweller, Alb, fur_n_feathers, OutdoorsAL, !shiloh!, Mbrock, Shmoe, brett.smith, crenshawco, cartervj, Dean, buzzard, Reaper, Herdbull, DuckDown11, FreeStateHunter, sloughfoot, fish251, scrape, bradbathome, deadeye48, Geezer, Jstocks, 3 invisible),
883
guests, and 0
spiders. |
Key:
Admin,
Global Mod,
Mod
|
|
|
Re: Survey question
[Re: Frankie]
#3595941
01/26/22 09:47 PM
01/26/22 09:47 PM
|
Joined: Oct 2016
Posts: 1,188 Chilton County
modoc_333
6 point
|
6 point
Joined: Oct 2016
Posts: 1,188
Chilton County
|
Had a judge I hunted with one time tell me a property lines are by law really 6 feet wide . The line plus or minus 3 feet. That was 40 years ago or so he told me that. You mean like leaving the base path in baseball? Be careful with that new survey. If they are selling the property and that new legal description makes it onto the deed then it will always be a problem. Like when you go to sell your land one day.
-Keith
|
|
|
Re: Survey question
[Re: Fedex 1]
#3595959
01/26/22 10:07 PM
01/26/22 10:07 PM
|
Joined: Jul 2011
Posts: 34,866 Boxes Cove
2Dogs
Freak of Nature
|
Freak of Nature
Joined: Jul 2011
Posts: 34,866
Boxes Cove
|
Old fences will absolutely stand up in court as the line , especially if they've been there many years and it can be proved previous owners were in agreement . New owners getting a survey after they purchase is like closing the barn door after the horse is out. Lawyers love surveyors , they're good for business .
Also surveyors can enter property to do survey work without permission, it's the law.
"Why do you ask"?
Always vote the slowest path to socialism.
|
|
|
Re: Survey question
[Re: 2Dogs]
#3596065
01/27/22 02:43 AM
01/27/22 02:43 AM
|
Joined: Apr 2000
Posts: 16,142 Elmore County
Frankie
Old Mossy Horns
|
Old Mossy Horns
Joined: Apr 2000
Posts: 16,142
Elmore County
|
Old fences will absolutely stand up in court as the line , especially if they've been there many years and it can be proved previous owners were in agreement . New owners getting a survey after they purchase is like closing the barn door after the horse is out. Lawyers love surveyors , they're good for business .
Also surveyors can enter property to do survey work without permission, it's the law. Old fences i can say by the hard way. That is not always true . It all come down to what the judge says .
|
|
|
Re: Survey question
[Re: Frankie]
#3596075
01/27/22 06:13 AM
01/27/22 06:13 AM
|
Joined: Jul 2011
Posts: 34,866 Boxes Cove
2Dogs
Freak of Nature
|
Freak of Nature
Joined: Jul 2011
Posts: 34,866
Boxes Cove
|
Old fences will absolutely stand up in court as the line , especially if they've been there many years and it can be proved previous owners were in agreement . New owners getting a survey after they purchase is like closing the barn door after the horse is out. Lawyers love surveyors , they're good for business .
Also surveyors can enter property to do survey work without permission, it's the law. Old fences i can say by the hard way. That is not always true . It all come down to what the judge says . Nothing is ALWAYS when dealing with Alabama courts.
"Why do you ask"?
Always vote the slowest path to socialism.
|
|
|
Re: Survey question
[Re: Fedex 1]
#3597012
01/28/22 07:46 AM
01/28/22 07:46 AM
|
Joined: Jul 2011
Posts: 39,471 Marshall County
FurFlyin
Freak of Nature
|
Freak of Nature
Joined: Jul 2011
Posts: 39,471
Marshall County
|
That happened to us when I was a kid, but it was about 50'. My dad then hired a surveyor and the flags got put 50' over in the adjacent landowners field. Other guy decided he liked the fence where it originally was.
If my people, who are called by my name, will humble themselves and pray and seek my face and turn from their wicked ways, then will I hear from heaven and will forgive their sin and will heal their land. 2 Chronicles 7:14
|
|
|
Re: Survey question
[Re: Rmart30]
#3597128
01/28/22 10:18 AM
01/28/22 10:18 AM
|
Joined: Aug 2002
Posts: 5,797 Lower AL
k bush
12 point
|
12 point
Joined: Aug 2002
Posts: 5,797
Lower AL
|
The survey is probably right. Many times people will intentionally build fences well within their own property. Or the person building the fence may have been guessing. But a fence line that has been historically used as a boundary will hold up in court. Half the old fencelines in alabama were never surveyed it was just guess work. They should go off what the deed says. Just because grampaw put that fence in 30 yrs ago because he thought it was the line in my opinion doesnt make it right for someone to try and claim it now. It’s not so simple, especially when some deed descriptions reference landmarks that may no longer be there such as trees or canebrakes or streams that may have altered their course. Then there’s errors in distance etc. That’s why there are court ordered monuments etc. if you took all the deeds and laid them out, it wouldn’t “fit”.
Last edited by k bush; 01/28/22 10:18 AM.
"Cull" is just another four letter word...
|
|
|
Re: Survey question
[Re: Fedex 1]
#3597480
01/28/22 06:04 PM
01/28/22 06:04 PM
|
Joined: Jun 2002
Posts: 1,115 Birmingham,AL
low wall
6 point
|
6 point
Joined: Jun 2002
Posts: 1,115
Birmingham,AL
|
Like a lot of other statements on here, there is a lot of truth to that, but there are a few "as ofs", heretofore's", whereas's that have to be considered, which is why these things occasionally end up in court. So somebody put up a fence. Hostile/adverse possession must be open, hostile (which would be negated by giving permission, as Drake says), constant, and ongoing. The fence alone isn't an absolute answer. Nor is sneaking across it in the dark of the moon every year of twol Who uses the property on the disputed side of the fence? Cuts hay/trees, uses it as an access, parks farm equipment there, maintains a food plot,etc?
Wildland surveying occasionally relies on a compass, but more often on celestial observation, if they are looking for any degree of certainty. And, surveyors have been aware of, and account for, magnetic declination for hundreds of years.
"It’s not so simple, especially when some deed descriptions reference landmarks that may no longer be there such as trees or canebrakes or streams that may have altered their course." Typically, in Alabama, rural land surveying and mapping relies on the Township and range system, and there are indeed monuments and benchmarks at defined location at least every square mile or so. A survey ties into those known points. I have looked at GA and TN surveys that reference "the well where Mr. Jones' cow fell in,.... to the big lighning struck oak, of in the bend of the branch", but that is awfully rare here. We do have to deal with changes in water courses over time.
Used to be a lifeguard, until that blue kid got me fired.
|
|
|
Re: Survey question
[Re: Fedex 1]
#3597518
01/28/22 06:50 PM
01/28/22 06:50 PM
|
Joined: Aug 2003
Posts: 42,343 UR 6
top cat
Freak of Nature
|
Freak of Nature
Joined: Aug 2003
Posts: 42,343
UR 6
|
Had a life long neighbor get pissed because I put up a shooting house on my own property. He had some survivors come out. Put stobs 40' on my side of the fence. I pulled them. He put up concrete post. Pulled them too. Said he'd have me arrested for trespassing. Told him I know your old but I'd cut you house down. When I finally had it done 10 years later..... they flagged the barbed wire in the fence row.
LUCK:::; When presistence, dedication, perspiration and preparation meet up with opportunity!!! - - - - - - - -A government big enough to give you everything you want, is big enough to take everything you have. Thomas Jeferson - - - - - - - -
|
|
|
Re: Survey question
[Re: Fedex 1]
#3597532
01/28/22 07:14 PM
01/28/22 07:14 PM
|
Joined: Feb 2007
Posts: 19,253 colbert county
cartervj
Old Mossy Horns
|
Old Mossy Horns
Joined: Feb 2007
Posts: 19,253
colbert county
|
I have a question about a survey we had done. The deed states acreage and a certain boundary but use ditches and trees as corners. Measured with rods and chains but is flat ground. The surveyor went back to property lines before a national landmark came thru. Used section corner etc… as a corner. We gained some softwood timber and changed one section. Moved the north line south 30 ft or so but added 150 ft on southern line but we lost 30 ft on west line. Acreage is approximately the same for that portion.
Surveyor said he was 99% the previous survey was wrong. It was surveyed by landowner (at the time) to the west 50 plus years ago.
We cross 4 other landowners and came with an appurtenant easement that was on our original deed. Been some discussion if that carried over to us. Lawyer says it does.
I find it interesting that several different surveys can be done and all have different outcomes yet still be good supposedly.
“Socialism only works in two places: Heaven where they don't need it and hell where they already have it.” ― Ronald Reagan
|
|
|
Re: Survey question
[Re: GoldenEagle]
#3597632
01/28/22 08:53 PM
01/28/22 08:53 PM
|
Joined: Mar 2012
Posts: 3,433 Here
Okatuppa
10 point
|
10 point
Joined: Mar 2012
Posts: 3,433
Here
|
The property I am surveying right now would really give some these keyboard professionals fits. There are multiple fences along each line of this property. So for you professionals, which fence do I use to be correct? They range anywhere from a foot apart to about 18 feet. Should I disregard the quarter lines and just pick a fence?🙄 It’s whichever ever fence papaw said was the line. Duh
I ain't fightin nobody that swings around in trees with a running chainsaw like Tarzan. - FurFlyin
Oh I just thought u were a dumba$$ 🤣 my apologies… - jb20
|
|
|
Re: Survey question
[Re: cartervj]
#3597644
01/28/22 09:03 PM
01/28/22 09:03 PM
|
Joined: Sep 2015
Posts: 673 Here
Chiller
4 point
|
4 point
Joined: Sep 2015
Posts: 673
Here
|
We cross 4 other landowners and came with an appurtenant easement that was on our original deed. Been some discussion if that carried over to us. Lawyer says it does.
I find it interesting that several different surveys can be done and all have different outcomes yet still be good supposedly.
Appurtenant easement runs with the land. Does not change when landowners change. It carries over. The different surveys typically results from different surveyors coming from different directions. Some surveyors forget that the their work is not any more accurate than the original survey. They should just be retracing the original. Alot of room for open interpretation when descriptions are wrote by land features or 1/4 sections.
|
|
|
Re: Survey question
[Re: Fedex 1]
#3597648
01/28/22 09:08 PM
01/28/22 09:08 PM
|
Joined: Mar 2012
Posts: 3,433 Here
Okatuppa
10 point
|
10 point
Joined: Mar 2012
Posts: 3,433
Here
|
Appurtenant easement runs with the land. Does not change when landowners change. It carries over.
That’s correct. I just dealt with this on a land deal and that’s what the attorney stated as well.
I ain't fightin nobody that swings around in trees with a running chainsaw like Tarzan. - FurFlyin
Oh I just thought u were a dumba$$ 🤣 my apologies… - jb20
|
|
|
|