I moved in 4 1/2 years ago. I didn't notice at first, but now it's very obvious. My concern is adverse possession. The survey stakes have mysteriously disappeared. Any advise on how I should proceed?
P.S. I live in Michigan and am buying my home.
2007-05-20 14:46:50 · 7 answers · asked by lilac514 1 in Business & Finance ➔ Renting & Real Estate
I doubt many people leave survey stakes up for long. Normally they are only meant to temporarily show where the iron rods are buried that actually mark the boundaries.
If someone is building a fence or planting trees on your property then I would go talk to them. I have a sprinkler system that is partly on my neighbors property. I am not claiming that it is my property-it is just the best way to water an odd piece of ground. My neighbor has every right to ask me to remove it or to remove it himself, but we are neighbors and want to be on good terms so we work it out together. There may be something simple where they do not mean to cause you worry or concern-talk to them.
If they are trying to claim the land is not yours then an old wooden survey stake wouldn't help- they might just claim it had been moved. In that case perhaps you can show them your original survey plat showing the boundaries and how they relate to both homes or you can pay for new stakes to be installed to prove where the boundary is.
It is very rare in a subdivided neighborhood for someone to be able to take property by adverse possession. I haven't seen it happen in my 29 years of real estate career.
2007-05-20 15:09:56 · answer #1 · answered by glenn 7 · 0⤊ 1⤋
Get a survey done. Have the stakes driven in HARD.
Then, make a grand landscaping plan of your own, and approach your neighbors with the idea that you need them to move their encroachments so that you can put in your planned improvements.
Get firm dates, in writing, of when their corrections will be made. It should be within 2-3 months from the date of notification.
But if that doesn't work . . .
Take one or two additional steps before suing, such as having your attorney mail them certified copies of the survey with a strongly worded request to move their plantings back or face the possibility that you will do so.
Property rights are sensitive. You have the right to defend yours, but keep in mind that these people are your neighbors and therefore you should give them as many chances as possible to comply before suing.
And from now on, mark your property limits a little more aggressively to avoid creating these false 'opportunities' by idiots--oops!--opportunists.
2007-05-20 21:59:19 · answer #2 · answered by nora22000 7 · 0⤊ 0⤋
Until you can give them proper notice and ascertain where the actual property lines I would recommend you buy yourself some time before you get a legal beagle to help you.
To buy your self some time and to stop adverse posssession simply write a letter that you are ascertaining your actual property boundaries and that you are giving them permission to encroach if they are encroaching until such time as the lines are determined.
I wrote one of those to my neighbor. He was furious, lol, but oh well, it sure did stop what he was trying to do. He even went out and got a survey that showed that I was right but he never told me, the surveyor did the surveyor does a lot work for my agency. I moved the fence to where it should be.
I wish you the best. Pick some of the flowers on your side and give them to your wife.
2007-05-20 21:57:36 · answer #3 · answered by newmexicorealestateforms 6 · 1⤊ 1⤋
Hire a surveyor and get the stakes reinstalled.
If they are encroaching, contact your local municipality and file a formal complaint.
2007-05-20 21:54:42 · answer #4 · answered by whatrukidding 4 · 0⤊ 0⤋
You need to contact an attorney. YA is fine for general advice, but if you make one mistake in this matter, you will lose land to your neighbors. In addition to adverse possession, you need to worry about "boundary by acquiescence," "prescriptive easement," and possibly "boundary by agreement."
2007-05-20 23:26:26 · answer #5 · answered by mcmufin 6 · 0⤊ 0⤋
First I would call survey-er and have him put stacks back up.
If possibly with neighbors like this I would have a fence put up..
That will stop them once and for all.
Good Luck.
2007-05-21 00:43:18 · answer #6 · answered by Mustbe 6 · 0⤊ 0⤋
Get a survey done, approach your neighbors with the results, and ask them to fix things.
If they don't, bring a suit against them.
2007-05-20 21:50:04 · answer #7 · answered by Anonymous · 0⤊ 0⤋