Possible property dispute in that the community park is on our property, any advice?

Question

I went and got a plat map from the county and between that and our legal description it has become clear that the community park is on a rather large portion of our property. We pay taxes and have our mortgage on this property and the park equipment was put up in the early seventies. Do we have anything to worry about in that is there any way that the town can say too bad?

Answer 1

Plat maps are not very reliable in determining property lines and if you really want to define what is yours versus the communities you need to have your property surveyed and pinned. But the community park may have already own part of your property but adverse possession.

Answer 2

Get a survey done to determine where your property lines really are. Have you owned the house since before the park was put in? If not, a survey should have been done as part of the closing to accurately describe where you land was and where it ended.

I agree that you don't want any liability.

The most likely scenario is that the town will buy your land at a fair price (imminent domain) and that you can have your property re-valued and re-mortgages reflecting the smaller amount of land. If you expect the town to move their park equipment, that doesn't seem likely, unless they deem the old equipment is now a safety hazard.

Anyway, get the survey done. Then set up a meeting with the town to determine what's going on and what happened. If you bought the property with the park on it and no one caught it at closing, your claim will be much weaker.

good luck!

Answer 3

take a certified copy of your deed,description,survey and bank mortgage to the park directors office or city managers office explain your concerns including accident liability fears.if they refuse to investigate go to a judge get an order to vacate,or cease and desist so the park can be closed until the matter is settled and get a lawyer.