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Trade
by AustinC. 04/26/24 07:31 PM
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Re: Survey question
[Re: Fedex 1]
#3595078
01/26/22 07:36 AM
01/26/22 07:36 AM
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Joined: Dec 2013
Posts: 22,692 Lickskillet, AL
Irishguy
a.k.a. Dingle Johnson
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a.k.a. Dingle Johnson
Joined: Dec 2013
Posts: 22,692
Lickskillet, AL
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Buddy of mine has had a 40 acre tract for over 50 years. The fence running down the line has been there he knows for over 60 years. Survivor comes thru yday and put a pink ribbon about 10 foot over on his side how does this work? Does the fence stand where it is or does it have to be moved I compliance with survey Depends on what the survivor survived from.
Last edited by Irishguy; 01/26/22 07:37 AM.
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Re: Survey question
[Re: Fedex 1]
#3595088
01/26/22 07:58 AM
01/26/22 07:58 AM
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Joined: Jan 2017
Posts: 3,550 Lower Alabama
Andalusia
10 point
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10 point
Joined: Jan 2017
Posts: 3,550
Lower Alabama
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I think if an established fenceline (property boundry) has been present for many years, maybe 30?, and never challenged and the current owners have treated the property up to the fenceline like it was theirs, ie: trimming/mowing etc, then they could go to court and probably successfully challenge a survey line inside the fence. But I would think the cost of doing this might be prohibitive.
"If you are the smartest person in the room, you're in the wrong room"
"How you do Anything, is how you do Everything"
"It is the mark of an educated mind to be able to entertain a thought without accepting it"
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Re: Survey question
[Re: Fedex 1]
#3595094
01/26/22 08:07 AM
01/26/22 08:07 AM
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Joined: Feb 2014
Posts: 1,169 Tuscaloosa, Ralph,Fosters
Turkeyboy
6 point
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6 point
Joined: Feb 2014
Posts: 1,169
Tuscaloosa, Ralph,Fosters
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Had a similar situation with a new owner who attempted to “survey” our common line with his iPhone! I proposed we split the survey and he didn’t want to! I was fortunate that we located a 1975 survey attached to a deed that showed the old fence line as the survey line. I had kept the old fence flagged even though it was on the ground in places. The “neighbor” had the gall to paint trees on my property!
The Earth is Gods footstool
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Re: Survey question
[Re: Fedex 1]
#3595097
01/26/22 08:10 AM
01/26/22 08:10 AM
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Joined: Jun 2002
Posts: 1,102 Birmingham,AL
low wall
6 point
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6 point
Joined: Jun 2002
Posts: 1,102
Birmingham,AL
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IF the pink ribbon is indeed supposed to be a property line, and the folks want to pay to move the fence, then it's their problem. I take it that he is happy with the fence where it is. You have several interrelated physical and legal issues. First, the fence at this point is just where it is. Unless he can tie it to pins or irons, it's not really a survey. I would assume that before he allows them to tear down that fence and build a new one on what he considers "his" land, he will demand his own survey. All depends on what that survey , and/or what he judge thinks of the 2 surveys, if it gets that far.
True story. USS carefully monitors their lands. My brother is a RE attorney, and did a fair amount of work for them for a while. They had a neighbor who they discovered had carefully moved the pins, cut down the painted trees, and repainted new trees, in order to show the line down his quarter quarter about a hundred feet on USS land, effectively giving him 100 feet times 1,440 feet, or 3 1/2 acres of extra land. A lot of work for 3 ares of Walker/West Jefferson county holding the world together land. Aaand, he got caught and sued for fraud. People be crazy.
I'm not going to get into the "squatter's rights" or adverse possession aspect of the question. Adverse possession almost never works out in court, but after 60 years, there might be some chance it's meaningful here.
Didn't stay at a Holiday Inn last night, but grew up in the survey/engineering business, and have been appraising for 40 odd years.
Used to be a lifeguard, until that blue kid got me fired.
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Re: Survey question
[Re: Fedex 1]
#3595115
01/26/22 08:24 AM
01/26/22 08:24 AM
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Joined: Feb 2014
Posts: 1,169 Tuscaloosa, Ralph,Fosters
Turkeyboy
6 point
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6 point
Joined: Feb 2014
Posts: 1,169
Tuscaloosa, Ralph,Fosters
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Under Alabama law that fence IS the line even though it may be crooked. You need to Formally let the survey company and the other owner know you do not agree with the survey and why. This would best be done by your attorney who could point to the law and also case study. You probably will need to flag or stake the old fence line too(check with your attorney).
Last edited by Turkeyboy; 01/26/22 08:29 AM.
The Earth is Gods footstool
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Re: Survey question
[Re: Lockjaw]
#3595199
01/26/22 10:00 AM
01/26/22 10:00 AM
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Joined: Aug 2001
Posts: 63,828 Luverne, AL
Skinny
GUVNER
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GUVNER
Joined: Aug 2001
Posts: 63,828
Luverne, AL
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Get a metal detector and see if you can find the pins.
Find the corners, follow the fence line and the tape line and see if there is a buried marker at the corner. If the original land survey was done correctly there will be a marker in the ground.
Never Trust Government
"You can be broke but you cant be poor." Ruthie-May Webster
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Re: Survey question
[Re: hawndog]
#3595417
01/26/22 01:36 PM
01/26/22 01:36 PM
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Joined: Apr 2013
Posts: 4,620 Alabama
Rmart30
10 point
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10 point
Joined: Apr 2013
Posts: 4,620
Alabama
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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.
Ethical behavior is doing the right thing when no one else is watching - even when doing the wrong thing is legal. Aldo Leopold .. (except when it comes to trailer tags)
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Re: Survey question
[Re: Fedex 1]
#3595628
01/26/22 05:12 PM
01/26/22 05:12 PM
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Joined: Dec 2004
Posts: 18,842 .
ford150man
Old Mossy Horns
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Old Mossy Horns
Joined: Dec 2004
Posts: 18,842
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Doesn’t a fence have to be a foot or so off the line anyway? I know at least some municipalities require it. Seems to me that wouldn’t affect the property line. If it did, that’s like saying I want to fence in my property so I’m going to give away 1’ or so to do it.
If voting made any difference, they wouldn’t let us do it.-Mark Twain
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