All Forum Posts by: Rachel Kronz

Yes, this does seem to be my best option. Hopefully they will be reasonable people. Now my only issue is finding a surveyor who will survey it and not charge me an arm and a leg! My first quote came back at over $7,000 just for a boundary and description. I am new to all of this, but that seems a bit high....

 We have 4- 150' by 75' lots. The first two of our vacant lots have nothing behind them. We are planning on purchasing those after we get this first piece of land squared away. The third and fourth lots we have are the ones with the fence and shed that come over our property line over 50'. The edge of our property has a fence that runs the depth between our land and the next neighboring parcel (separating out "110" address from what would then be "112"). That fence runs 150' on the "112" address side. Our side is stopped short by the neighbors fence. So if you can imagine, instead of the fences looking an "L", it is more like a sideways "T" shape because of the fence not being on the correct property line. You can see where the old fence ends, and a new one connects to it, but we are cut off from our side. 
I am having the hardest time understand how the survey could be done, and a warranty deed be given. It is very clear that it is assumed that shed and fence are on that property. There is an auxiliary utility building listed for 160 sq ft on the property appraiser's site. And not to be too nit-picky, because I realize times and codes change, but there are also 25' set-backs and it does not look like those are being observed either. I read somewhere during my research that if the fence is more than 12" off the property line, a warranty title could not be issued..?

Hello, I am new to posting here, so i hope it is not something going already. I bought some vacant, wooded land recently through tax deed. It is 4 adjoining parcels to make one acre, and it has two neighbor behind us. The land is supposed to be 75' wide and 150' deep. I know it owes back taxes and was bought as a quitclaim deed, but the title has no liens and I am totally good with the back taxes because it is a hell of a deal! However, a surveyor for my area cannot come for about 3 months, so my husband and I decided to pre-survey, and from what we saw, our neighbor's fence is 50 FEET OVER.... so basically 1/3 of the land. We are supposed to get 150' and we could go no further at 94'. There is a fence and a utility shed. For the property next to us that we did not buy, a fence was installed as well- the funny part is THAT fence runs back the correct 150'. And that fence looks MUCH older. So it would seem that someone installed the fence without a survey to what they thought was their property, or basically where it was cleared too. 

So that (the fence installation) seemed to all have happened probably 25 years ago or more, the only time the vacant properties were ever properly bought. I have become pretty savvy in research by utilizing the government Web sites. Per the property appraiser's site, the property was bought in March 2020 with a warranty deed. Okay, I have to stop here. I know how I bought my property does not require a survey. But a HOME sale (not vacant land bought with cash) with a WARRANTY DEED means a survey MUST be completed prior to sale.... doesn't it??? That is the first question I need help understanding because I am all muddy there now. 

Continuing from there though, These people have a utility shed and a fence there. There is no record of the fence on the property appraiser's site, and while there is a 160 sq ft detached utility building listed, I cannot find any drawings or site maps depicting it. The, shall we call "nuisance property" with their fence on my property line, has been bought sold a couple of times before the most recent 2020 sale (Quitclaim in April 2008, Warrant Deed in August 2008, Warrant deed in 2016, quitclaim in lieu of foreclosure Nov. 2019, the the current Warranty deed in March 2020).

I believe all that would imply that the current owner did not install the fence and perhaps did not know. I am trying to find a surveyor to get out there ASAP but everyone is either booked or not working in that area. I need that to know for certain, but I am pretty sure I did not mess it up by 60'! And there is the fence that IS 150' right next to it as well...

What happens since the fence was just there? Do they get to take my land? And why was this not found on the surveys before this? I cannot find a survey for this on the property appraiser's site (not doing well in finding surveys overall. I used the US Geological Survey, LAPIS, BTLDS. If anyone has any methods for locating surveys, please let me know!) Also, when my surveyor goes out there, and he needs to get to the end of my property, but there is a fence up, how can get the measurement? Is this going to make my survey more costly? I know the first step is to send a letter (after the proper survey) and make sure I have it documented. Maybe they will be normal and take down the fence and move the shed. It is CLEARLY laid out on the county records that I get 150' and they get 150'... But doing the right thing and moving the shed and fence seems costly and people are jerks. Do I get the property appraiser involved? Does there have to be two surveys? Is this something I need to inform planning and developing of? I want to build a home soon, and will need a petition to replat. I am unsure how much this will mess things up. 

I am afraid my only option will be to have to take them to court as opposed to the building inspector or code enforcement making them move it, which would be ideal- building a house is frantic-paced and costly already. We are building a home there ourselves, from the ground up to cut costs. We do not have a lot of extra money, and want to build instant equity. Court costs would kind of blow the whole thing out of the water, even if they have to pay them later. 

So what happens when someone puts up a fence on vacant land, but a new owner comes and wants to use the land???? All of it. Not 2/3's of it... 

Thanks to anyone who can help me out with this and for taking the time to check out my issue. I appreciate it!