I have been dealing with this problem for a few years on a property that I bought in 2010. In 2011, the City was interested in installing a fence on an adjacent property, so they had a survey done. At that time, the survey suggested that my detached garage was encroaching on the adjacent property. I have spent a couple of years dealing the City, which has gotten me nowhere (they're a pleasant mixture of incompetent and uncooperative).

Anyway, this week, I talked to the original surveyor because I was hoping to get him to help me propose a property line adjustment (he knows the area already, so I thought that he would be a good choice).

However, the surveyor admitted that he has only a vague idea of the precise location of the property lines because many of the markers that he needs are absent (including the point of origin) and those that exist cannot be reconciled with the various legal property descriptions.

So, basically, no one can determine the location of the property lines. In fact, they should probably be re-established.

Who is responsible for establishing the property lines? Is it the City? The County? The unfortunate land owners?

Quote:

---

Who is responsible for establishing the property lines? Is it the City? The County? The unfortunate land owners?

---

For what end?

If the city wants to prosecute you for a setback violation, or bring a civil action against you for encroaching on their property, they would have to prove their case. To do that it appears that they would have to re-establish the property lines.

If you want to sell or mortgage it, the ball would be in your court.

"only a vague idea of the precise location of the property lines because many of the markers that he needs are absent" then he must find other properties in the area and work off their markers. The plat of survey was done, usually, a very long time ago and then recorded with the county recorder of deeds. Contact the county and you can get a copy of the entire subdivision.

Quote:

---

Originally Posted by ballengerb1

"only a vague idea of the precise location of the property lines because many of the markers that he needs are absent" then he must find other properties in the area and work off their markers. The plat of survey was done, usually, a very long time ago and then recorded with the county recorder of deeds. Contact the county and you can get a copy of the entire subdivision.

---

This is the problem. The plat of survey was done about 100 years ago (1914 is my best guess) and about half of the markers are gone (including the Point of Origin) and the other half are inconsistent with each other (for example, they should be 100 ft apart, but they're actually 103 ft apart, etc).

Based on AK Lawyer's answer, it seems as if no one (government or private) is responsible for maintaining property lines, markers, etc.

Did you get a survey in 2010?

Quote:

---

Originally Posted by ballengerb1

Did you get a survey in 2010?

---

The City has been installed new water mains in 2010. There was survey work done then. They also did some survey work in 2011 (for a proposed fence).

This is the surveyor who revealed to me of the general uncertainty with the property lines.

So get him to give you that in writing and submit that to the city for them to stop any issue of the location. Till that is solved.
Make it their problem.
If as noted you go to sell, you will have to pay ( large amount) to have it all done to the satisfaction of the buyer.

You could try to find out where the nearest benchmark is (also known as survey marker or geodetic control point, a metal stake in the ground or an emblem on a rock. It's what an expensive survey is marked from, rather than a cheap on going by deeds and town maps. But even they aren't 100% all the time.
I have known of people at odds over boundaries who were ordered by the courts to accept a compromise with the other party, right down the middle.