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Updated over 9 years ago on . Most recent reply

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Federico Gutierrez
  • Realtor
  • Cleveland, OH
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Current property lines and survey doesn't match

Federico Gutierrez
  • Realtor
  • Cleveland, OH
Posted

I would like to know if anyone has had this problem.

I'm going to the be owner of a new property TOMORROW, got the survey on Friday from title company and just come to find that my property line doesn't match the survey on record.

Technically I have the end of the driveway as my property line in the survey but in fact I have the drive-way and about an extra five feet (5x132) and then a chain link fence (which is what I thought was the property line)

What do I do in this case? I can see google street views dating 2009 the fence was existing. According to adverse possession in an extra 14yrs that section becomes mine.

Most Popular Reply

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Rick H.#4 Marketing Your Property Contributor
  • Lender
  • Greater LA/Orange County area, CA
3,549
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Rick H.#4 Marketing Your Property Contributor
  • Lender
  • Greater LA/Orange County area, CA
Replied

Not so fast. Are you satisfying all elements of AP in your state? Including payment if taxes of the other parcel?

Nope, this is a lot line matter, that's all.

I have never met a fence installer who either understood surveying, real estate title or even cared. They put in a fence post in one corner, then the next, and ran fence in between. I've paid to have several long 1,000+ foot fences. 

If it's a big deal to you, inform your neighbor in writing and keep it friendly. If they're encroaching on your property, give them an easement or a license. If you're encroaching, be grateful and keep silent. 

Is it worth stirring up or would your time be better spent doing deals and making money?

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