Posted by John T on March 23, 2014 at 05:52:22 from (71.0.66.158):
In Reply to: property lines posted by farmerwithmutt on March 22, 2014 at 16:17:28:
HERES EVEN MOREEEEEEEEE INFORMATION FOR YALL as this is a topic that often comes up on these farm related forums and an area I often get questions about as an attorney.
A Survey is no more then an experts LEGAL OPINION. ONLY a Court of proper Jurisdiction can judicially resolve and settle boundary disputes. The law DOES NOT "NECESSARILY" AND NOT "ALWAYS" SAY if Surveyor Billy Bob sets stakes at certain locations then by golly that's the judicially recognized legal boundary. For one thing two different experts may have two different "opinions" as to a boundary location and the starting points used may vary.
HOWEVER some states have a statute by which a "Legal Survey" can be conducted and once completed (strictly fulfilling all legal requirements and notices etc etc) and properly recorded such CAN BECOME THE LEGAL BOUNDARY which a Court will recognize and uphold thereafter. THIS IS STATE SPECIFIC NOTTTTTTT ANY FEDERAL LAW
I just didn't want people to incorrectly think just because they hire a surveyor who comes out and sets some stakes THATS ABSOLUTELY THE LEGAL LINE AND ALL IS FINAL (iTs ONLY an experts Opinion remember). The neighbor may also hire his expert who sets the stakes at a different location??????? So see why it would take a court to hear the evidence and apply the law and only they can settle the dispute which may or may NOT be one of the surveys.
Again, just because a fence was somewhere for 20 years that ALONE DOES NOT satisfy the common law doctrine of Adverse Possession. HOWEVER if ALL the other several other requirements are met and such is established in a Court of law THEN AN OLD FENCE LINE MAY WELL BE JUDICIALLY DETERMINED TO BE THE BOUNDARY
I love Property Law as its the absolute OLDEST COMMON LAW. Later the upstarts came along with Contracts and Torts etc etc
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