Auction Day

[Ed Kennell 35,768]

We got PIE.

[AMC RULES 36,945]

 

[Ed Kennell 35,768]

The survey crew was here today.     Bad news....their deed map shows the stone road I have used and maintained for 48 years is still part of the farm and not part of my neighbors lot as shown on the tax map.   May have a fight on my hands to keep access to my horse barn.

Many neighbors will be moving wood piles, trees, metal car port, and a swimming pool  as they have taken advantage of the 20' right of way that doesn't exist behind their lots.

[953 nut 51,673]

25 minutes ago, Ed Kennell said:

deed map shows the stone road I have used and maintained for 48 years is still part of the farm and not part of my neighbors lot as shown on the tax map.

Do you have any kind of survey showing your property?

When the farm across from my parents sold the neighboring farmer was told that he was going to need to move a couple of buildings and would loose about 50' of land several hundred feet deep. His survey which was conducted about sixty years earlier showed the buildings being on his property and went a few feet beyond the stone fence line. In a civil trial the judge called in my mother and several others who had lived in the area for fifty years or more and were not related to either party. An aerial photo was on hand and the judge asked each to show him the property line; they all pointed out the old stone fence. The old survey was a metes and bounds property description the began at the shore of Oneida Lake and called out a few Elm trees (which had died decades ago as a result of Dutch Elm Disease) as turning points. The new one was based on a point on the shore of the lake too, got to wonder if the shore line may have shifted over that much time. Needles to say these were both long before GPS. The judge ruled that the center line of the stone fence would be the property line from that day forward.

Good luck Ed, hope you can work it out with the new owners without going to court.

[Pat_In_Denver 104]

57 minutes ago, Ed Kennell said:

The survey crew was here today.     Bad news....their deed map shows the stone road I have used and maintained for 48 years is still part of the farm and not part of my neighbors lot as shown on the tax map.   May have a fight on my hands to keep access to my horse barn.

Many neighbors will be moving wood piles, trees, metal car port, and a swimming pool  as they have taken advantage of the 20' right of way that doesn't exist behind their lots.

There was a case here in Colorado a while back involving a judge in Boulder where a property changed hands and a neighbor had been using it as a walking path for 20+ years.  The courts awarded the neighbor the land after they sued. Research "Adverse Possession" and I'm sure you'll find tons of precedence on your situation.  Bottom line is if you've used and maintained it for 48 years, and you pursue it in court, the land will likely be ruled as yours.

[Big_Red_Fred 1,547]

Good Luck Ed, i'll pray for you