Now the neighbor is arguing that since the river has changed course that my land now is his; i do not beleive this is true; it cut off a chunk of land nearly 60 acres in size ; that is now inaccesible from the rest of my property. What is the rule when something like this happens; surely a person doesnt lose their land simply because of a change in the way the river runs!
2007-10-22 05:30:42 · 9 answers · asked by razor 2 in Business & Finance ➔ Renting & Real Estate
Your property alongside a river is taken subject to the riparian rights specific to your county and state. Usually the change of direction does not cause you to lose land unless you were using a suveryor who was foolish enough to use the river or bank as a marker for the survey of the property.
Inaccessable is your problem as an owner; the land in all probability is still yours.
2007-10-22 05:35:43 · answer #1 · answered by wizjp 7 · 0⤊ 0⤋
It depends on many things. You need to talk to a real estate lawyer and the sooner the better.
You're going to spend some money. You're going to probably need a complete Abstract of the land, both yours and the adjacent landowner, you want to establish what it is your deed says.
If it is a "metes and bounds" description all the way around, you're in pretty good shape. If it says "From an iron pin due west to the river then north along the river", you have a lawsuit on your hands. Odds of winning can't be assessed without researching state case law, but basically you want a surveyor to give you a new way to describe the same property without reference to the river, and have a court declare that to be your property description.
Time is not on your side.
2007-10-22 05:38:45 · answer #2 · answered by open4one 7 · 1⤊ 0⤋
No, you do not lose ownership due to such a scenario. You still legally own that which is covered under the survey markers defining your land parcel(s). Your neighbor has a gross misunderstanding of the concepts of riparian and/or littoral rights.
The worst you might have to do is give this guy access to the water via your land, if the course change has taken away his access to the water.
If he persists, contact a qualified real estate attorney for further guidance and counsel.
2007-10-22 05:39:33 · answer #3 · answered by acermill 7 · 1⤊ 0⤋
You still own the land, the river shouldn't change that fact unless you wrote into the contract that your land only goes to the river edge. You may need to contact a lawyer, but I'm sure your okay.
2007-10-22 05:35:40 · answer #4 · answered by Anonymous · 0⤊ 0⤋
What is the legal description of your property? If it has some phrase that indicates it ends at the river's edge, it will not exactly be static. For 60 acres, you really need to pay an attorney for professional advice.
2007-10-22 05:34:47 · answer #5 · answered by Anonymous · 0⤊ 0⤋
IF YOUR DEEDS STATE YOUR BORDER IS THE LANDS ABUTMENT WITH THE RIVER ,YOU COULD BE IN TROUBLE.I gather this change of course has not happened overnight,you must obtain legal advice on this regarding the legal definitions of your borders.Good luck with it.
2007-10-22 05:36:17 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I like the take off and the landing just don't like being up there.
2016-05-24 04:19:49 · answer #7 · answered by ? 3 · 0⤊ 0⤋
What does your property deed say? I agree, I doubt it would be based on a river like that.
2007-10-22 05:34:45 · answer #8 · answered by Anonymous · 0⤊ 0⤋
SOUNDS LIKE TO ME YOU ARE PART OWNER OF THAT RIVER...
2007-10-22 05:33:54 · answer #9 · answered by tonez61 3 · 0⤊ 0⤋