08-07-2007, 10:08 AM | #1 |
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Neighbors fighting our survey
The neighbor we've had our lot line problems with hired the same surveyor we used and got a survey done today.
The surveyor and the neighbors MIL (whose name is on the deed) came over and asked me if we would consider moving our fence back to the original occupation line even though they now know our land according to our deed extends beyond that point. They said they know the lady on their other side where their land really is, won't let them have that land so they want ours. Ummmmmmm NO! I told them that we'd have never had to hire a surveyor to find the correct lines if they'd have treated us decently, so now that we were forced to do that, we have every intention of keeping what is legally ours. She said they will be hiring a lawyer to take us to court and make us move our fence and we will get stuck with legal fees over it. I told her we are only claiming what is legally ours, so If she wants to waste her money trying to claim it, that's up to her but she's not getting it without a court order and I doubt she can get one. I had permission from her daughter in law (whose name is also on the deed), the county and township zoning offices to put up my fence, on what's legally my land and until she can prove it's wrong, I'm not moving it. I didn't need permission from any of them, but got in just in case they'd try to pull this. Now I'm glad I did. Naturally she can't prove it's wrong because the same surveyor did both places and he's not going to say he messed up when doing ours. I told her having been a realtor I KNOW my rights and I'm not backing down for them as I want that fence up to keep them as far away from us and we can so they can't harrass us anymore. She left telling me to expect a letter from her attorney. I thanked her and said I look forward to it. Arggggggggg some people!
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'A simple way to take measure of a country is to look at how many want in.. And how many want out.' England 's Prime Minister Tony Blair' Last edited by Tink; 08-07-2007 at 10:11 AM. |
08-08-2007, 09:42 AM | #2 |
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I'm sorry you're having so many problems! Did the surveyor mess up? If she's got no proof about where your property line should end, you should have no problem winning in court, if it even goes to court.
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Lindsey "I don't mind living in a man's world as long as I can be a woman in it..." -Marilyn Monroe |
08-08-2007, 10:20 AM | #3 |
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Thanks Lindsey.
They aren't even arguing the findings of the survey... they hired the same surveyor we did so of course he wouldn't say that he'd been wrong when he did ours, and I have no reason to believe that he was. What they're asking is that since the neighbor to their north refuses to deal with them and remove her fence from what on the deed is partially their land... that WE DONATE some of ours to them since this is the nicer side anyway. They're truly insane. They have no legal leg to stand on, they just don't like the facts! SO they hope that they can bully us into giving in to them. It's not going to happen. That fence keeps them farther away from us which is just how we like it.
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'A simple way to take measure of a country is to look at how many want in.. And how many want out.' England 's Prime Minister Tony Blair' |
08-08-2007, 11:13 AM | #4 |
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Wow.... so why wouldn't they just take their other neighbors to court? I don't understand the reasoning of some people!
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Lindsey "I don't mind living in a man's world as long as I can be a woman in it..." -Marilyn Monroe |
08-08-2007, 03:55 PM | #5 | |
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Good point! I was just thinking that. She's not taking anyone to court. She probably thought if she threatened, you might back down. She needs to straighten out her family's drug addictions before she worries about the size of her land. I'm sorry you're being aggravated.
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08-08-2007, 04:29 PM | #6 | |
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08-09-2007, 01:16 AM | #7 |
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Cheeky surveyor for gettin paid to do the same job twice.
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08-09-2007, 10:09 AM | #8 |
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Thanks all.
If they think begging and thretening is going to gain them anything with me, they're going to be sadly disappointed. I'm the sort who when pushed just locks my heels in and refuses to move at all. So while I don't want to fight with them, I can be annoyingly cheerful and still say NO til they get sick of it.
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08-09-2007, 10:58 AM | #9 |
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I'm glad you're digging those heals in Tink. I'm also glad we don't have any close neighbors..lol You've crossed all your 'T's and dotted all your 'i's' so there is nothing they can do. Pays to be thorough doesn' it?
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08-09-2007, 12:07 PM | #10 |
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Did they think that in hiring the same surveyor that the line was going to change back in their favor? They're not too bright. Just hang in there, Tink, and pretty soon they'll get tired of beating their heads against a brick wall. The law is NOT going to side with them.
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08-09-2007, 01:02 PM | #11 |
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ARGGGGGGGGGGGGGg
The neighbors wife was just here. She's claiming that their attorney advised them to take down our fence and stack it on what they believe to be our property... And that the county zoning office and surveyor have told them that we have to go by the old occupation lines, which is about 50 feet short of what the survey shows on our deed. I told her I don't believe her and she's going to have to prove us wrong. I told her if I see them so much as touch our fence I will have the cops out here. She's claiming the surveyor said we should not have put the fence up... even though he did determine that to be our legal boundary. I told her the time for compromise is done, and I'd rather go to court and fight them than give up one inch of property to them. I'm so mad my heart is just racing.
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