On Monday, June 24, 2013 12:43:00 PM UTC-4, wrote:
On Mon, 24 Jun 2013 15:19:48 +0000 (UTC), Doug Miller

wrote:



Don Wiss wrote in

:



The back yard neighbor has put up a fence that is 1 1/2" on my property.



One and a half **INCHES** ? Really? You're making a fuss about one and a half

**INCHES** ?



They have a survey. I also have a survey from the same surveyor. I showed

them where the line was. But they went ahead and did this in order to have

the entire top fit behind a phone pole that is on their property. Had they

not faced the good side towards themselves, it would not have been an

issue.



All that is on my property are the 4x4 posts and the top. Do I have the

right to slice the posts and top right at the line?



You'd better be damn sure that the survey is dead-nuts accurate, before doing anything at

all. And your next step after that should be to talk to your neighbor.



There is no such thing. We like to think surveys are some kind of

exact science but when they actually started looking they find +/- a

foot is about as good as they get.

I have 3 survey stakes in the North West corner of my lot from 3

surveyors over the years that you could not cover with a drywall

bucket.



If you are not close to a section monument, where they start is

arbitrary, usually aligning to the centerline of a road ... that is

usually not actually in the right place. That is particularly true in

developments where the developer built the road and ceded it to the

county.



They are even finding out the section monuments are frequently

misplaced.



I just watched a survey of the lot around the corner from me. This guy

just used a metal detector to find old stakes and they took them as

gospel.

Unfortunately one was not really a survey marker so they just put a

dog leg in the property line that does not exist on the plat.

About 25 years ago, I had to include a copy of an offcial survey map of my property when I submitted the plans to build my deck. They wanted a survey map with the deck drawn on it, to scale.

I was as careful as I could be, drawing the deck on the map and then, just to be sure, I measured the "scaled setback" on the map and then went out back and measured the actual setback based on where I would be setting my posts.

To my surprise, I physically had about 10 more feet of actual setback than the map showed. How the heck could I have screwed up drawing the deck on the map that badly? I check my drawing and everything was fine.

Then I went out front and measured from the property line to the front of the house and found that I had 10 less feet of actual lawn than the map showed. It turned out that they had drawn the house on the map 10 feet further back than is actually was.

The survey had been done about 6 months earlier when I bought the house, so I called the survey company and explained the issue. A few days later one of my stay-at-home neighbors said that they had a crew of 4 guys walking around the neighborhood, climbing fences and looking under bushes for stakes and markers.

It seems that I shook 'em up pretty good! I later found out that they eventually found a "permanent" survey marker about a block from my house and redrew my map based on that. When I got the new map, it measured to within inches of where my house physically sat.