Re: OT/ adverse possession question

Posted by Billy NY on May 02, 2012 at 12:16:33 from (67.248.100.3):

In Reply to: Re: OT/ adverse possession question posted by JMS/.MN on May 02, 2012 at 08:30:17:

That is a good point to mention here, there is no doubt a court may look at it this way too, while a surveyor is considered a professional, paid to render a service, it does not mean that its final, and I believe the judge's or presiding legal entity's decision is based on what facts are provided, and is congruent with the law.

The thing that gets me where things are clearly defined, is 2 adjoining properties, both described by a deed, map, transactions, conveyance's etc. over the years can be changed by "possessing" as per the law.

In my situation, like Nancy's the line was 2 feet from the home joining our parcel, that home was clearly on a 55'-0" x 200'-0"(I have their deed) lot subdivided in the 1930's, with records clearly showing that at the county. Our documents show a map with monuments, (steel pipe one of which the neighbor removed in an attempt to cloud the waters I am sure) deed and several transactions/conveyances from the home being sold several times since we have been here 47 years. Granted, a blown or miscalculated dimension on the distances of each line could move the line in favor or not in favor of the owner of each, by a small distance, it sure is clear on paper what each parcel is, that's cut and dry, black and white.

In my opinion, its a farce, a mockery of the law and or lack of common decency/respect for someone to possess land they know is not theirs, by virtue of their own documentation, title, deed, map, (and don't forget the bank/mortage company that also agrees, its their money involved) with the intent to steal it by adverse possession. In our case, the delineation of boundaries is clear, documents, photos, people that would testify, and so on. Now the possessor, a flakey (slander I know LOL !) neighbor whom I was very accommodating to, could have made a claim and potentially won, unless I violated the basis of the claim according to NYS laws, which I did, they just became so annoying, gave em an inch, they took 10 miles, in this case 60 feet, it had to end, but had I been absent, its absurd that they could lay claim and own something clearly not theirs, now who pays the taxes on it?, by paper us, but they own it ? Well I assume then they would have to survey and have the documents changed. This is a valuable parcel with state road frontage close to the business area of town.

Well I digress, but those errors in survey, are real, in NYC where I have had plenty of experience with surveyors to determine lot lines and building perimeters etc., calculation errors do exist and even if very minute, and a small tract of land can be determined to have no owner, it could be extremely valuable, because of things like air rights and all the other associated rights, and land privileges you may have. I worked with this outfit on one job (link attached) and it was really interesting to converse with the principal in this firm about that + the old maps and things from the past in NYC history, definitely not an exact science then LOL !

• NYC surveyor

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