Aldeer.com Forums Alabama Deer Talk Aldeer General Forum Any surveyors in Alabama here?

I’d love to come walk around in those mountains with you finding those markers.
Other than the terrain, it should be pretty simple in that big open hardwood.
I’m accustomed to looking for them in a pine thicket.

Here was another, deed mentioned an “upright rock” down in this corner of the property. Sure enough, there was one. In the event that some redneck came along and kicked these over, would it make sense for me to just drive a stob into the ground there, or would that bear any weight at all years down the road?

jbatey

If the deed says upright rock that is what a surveyor is gonna look for. Look on top of the rock. Is there any sort of punch hole or x scribe? If there is evidence of old flagging on any of these corners you find I would put some new flagging on it every few years. Always keep it fresh. Some folks will drive tpost beside corner and flag corner and tpost.

Not a surveyor, but Dad ran an engineering company that generally employed 2-3 survey crews at any given time. I was either a rodman or a draftsman growing up, for the better part of a decade. Commercial appraiser for the last 35 years. I would address 1 of the questions - adverse possession.

Adverse possession is a lot more of a campfire story than a reality. I can't recall that I've ever seen it actually happen. I've read case law where it does, but it's extremely rare. You encroach on a neighbor - what's more likely to happen - he complains, you shrug, and somehow 6 or 7 years later, you magically legally own some of his property? Or he goes to court, and the judge tells you to move your stuff (building corner/fencing/driveway?) off his land, at your expense, pay him for the damage you did, and don't come back?

To gain property through adverse possession - there are 4 criteria that have to be met -
Duration (I think 6 or 7 years, but it may be longer)
Hostile - If you worry about somebody adversely gaining some of your property - the easiest fix is to simply give him permission. If it's not adverse, then it's still yours.
Continuity. The adverse possession has to be constant.
Open - The taking party can't simply sneak over there after dark every day.


People tend to keep closer watch on their property, and property values are high enough, that if adverse possession ever was a thing, it's even less likely now. Access/easements are in the same arena, and a right of access across an adjacent landowner is a different question, Again, though, "piddling" across someone's property every now and again won't result in legal access. You think you have the right to cross it - then cut a road or trail AND OPENLY MAINTAIN IT.

I know everybody has a story of somebody's uncle's wife's cousin's buddy who gained or lost property through adverse possession, but it's rare. Generally it requires a landowner really not paying attention for a VERY long time, but even then, it's likely to end up in court, and the court's can take a dim view of someone trying to gain something for nothing.

YMMV - that's what keeps attorneys employed

Gotcha, once I know where they all are, I’ll make it a good practice to just revisit them every year or so to put up fresh paint and flagging.