jeanne-79
Oct 8, 2007, 04:46 AM
I bought my 5 acres aprox 15 yrs ago--I have the legal discription but never had it surveyed. A year ago the property next to me (plat map shows it is same as mine--165' by 1320) sold and new owners (husband & wife relators/investors) built a house on it--their house is way at the top of their 5 acres and my house is towards the bottom of my 5 acres---altho I have always had a dirt road that goes to the top of my property the upper portion is very grown over as I rarely go up there--last month I did walk up my road only to discover 5 differents piles of left over drain rock--board ends etc had been dumped--also 5 large holes in my dirt that I later realized was where they had dug up boulders to use as landscape rocks in their front lawn. I called & spoke to the wife about dumping (didnt mention boulders )& she was friendly & blamed it on their rotten landscaper. I said wasn't a huge problem mainly just didn't want any MORE--but then I also mentioned that a piece of my upper road (aprox 20 ft long by 4 to 8 ft wide) seemed to have been incorperated into their side lawn (my road still continues once it gets to the back of their lawn--) & I wanted to make sure when they sold it (its up for sale) the new owners realized this--well she got mad & said theyd had it surveyed the year before (there had been ribbons put up here & there but nothing around the portion I was concerned with--)but if I insisted she would re-contact the surveyor & have him verify where the boundary line was. She called a week later & left me a voice mail saying the surveyor & her husband would be out the next morning if I wanted to be there--well I really meant to but bad back kept me up late & I overslept & missed them. When I went & looked there was new wooden post & new ribbons which were quite a bit different from the previos ribbons. According to the new post & ribbons they now showed my road was on their property (upper portion) for aprox 600 feet! The next day the husband was outside my house pounding in metal post & stringing a string to "give me a visual" when I asked him why the 1st survey was so different from the 2nd survey he kept dodging my question & insisting I really didn't even use that part of my property so I shouldn't care--finnally he admitted that they really hadn't had it surveyed the 1st time that he had done that himself but he knew "how to pull a tape measure"-- he insisted the 2nd survey was done by a real surveyor--I asked him for the surveyors name & phone# but he said he didn't have it on him at the time but would call me with it when he got back home. Well he never called but a few days later I received a registered letter from their lawyer saying I needed to make sure my dogs didn't go onto their property & to remove anything over the line (I had just tempoarily moved a mobile basketball hoop 1 week before aprox 12" over the line while moving cars ect) or action could be taken. I quickly moved the hoop I put up electric fence to keep my dogs in but when I called & requested surveyors name & phn# again the wife said her husband had decided not to tell me because he felt it would be a "conflict of interest" to do so. I have since checked into getting my own survey but was quoted $3500.00 & I am disabled on a fixed income & no way can afford it. I called my county public records & they said they don't show a survey has ever been done on either property. Do I dare remove the post & string? I had wanted to drive up my road to cut up blown down trees for fire wood but can't do so with his metal postthere.I searched but found no rebar or capped post--no numbers written on wooden stakes etc..?