We were retained to determine the location of the line between these two lots. The fence had been there for sometime but it is obvious that a survey was not performed before building the fence. Also, that's a public road on the other side of the fence. The fence encroached about 6 feet onto the adjoining property and into the right of way about 10 feet.
Monuments were found on adjoining properties and the public road. One other corner of this property was also found. The calculated position was on this slight mound. We were able to detect something with our pipe locator and began to dig.
We dug to about natural ground level and used the locator to pinpoint the object. A few more tenths of a foot down and we found the 3/4" iron pipe. It matched the character as described on recorded maps and was about 0.2± from where we calculated it's position. The wood fence was more than likely built in the same location as a previous barbed wire fence now long gone. In addition, the wire fence was probably built in a location that was more convenient rather than being built as an indicator of a property line. This is not uncommon in areas that are steep or have sporadic vertical drops. In these cases fences may not necessarily indicate property line locations.
The cost of a survey would have been far less than moving this fence. Knowing where your property line is before planning construction of any kind can save a lot of time, money and in some cases court costs and attorneys fees. When buying property always ask to have the property corners marked by a surveyor prior to closing. Fences and other adjoining structure encroachments are not covered by a standard title insurance policy. Realtors tend to show people where they think the property lines are but in case of a defect they are not liable either. So if you do buy a property and after closing discover that the neighbors fence is inside your yard 5 feet you may not have coverage for that defect. Especially new buyers of ranchettes and small acreages.
The trend for some time now has been to buy an acreage and build a new home in a previously agricultural area. The new buyer should request from the seller a signed report or map from a licensed surveyor attesting to finding or setting the property corners. The buyer should also schedule time to visit the property to actually see the limits of the proposed purchase, to view the marked property line and review the site for any encroachments or other defects.
|
