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
We sell tractor parts! We have the parts you need to repair your tractor - the right parts. Our low prices and years of research make us your best choice when you need parts. Shop Online Today. [ About Us ]
Today's Featured Article - Product Review: Black Tire Paint - by Staff. I have been fortunate in that two of my tractors have had rear tires that were in great shape when I bought the tractor. My model "H" even had the old style fronts with plenty of tread. My "L" fronts were mismatched Sears Guardsman snow tires, which I promptly tossed. Well, although these tires were in good shape as far as tread was concerned, they looked real sad. All were flat, but new tubes fixed that. In addition to years and years of scuffing and fading, they had paint splattered on
... [Read Article]
Latest Ad:
2022 John Deere 5045E, 4wd, front end loader and 3rd function with grapple. 120 hrs, 55k new, must sell
[More Ads]
All Rights Reserved. Reproduction of any part of this website, including design and content, without written permission is strictly prohibited. Trade Marks and Trade Names contained and used in this Website are those of others, and are used in this Website in a descriptive sense to refer to the products of others. Use of this Web site constitutes acceptance of our User Agreement and Privacy Policy
TRADEMARK DISCLAIMER: Tradenames and Trademarks referred to within Yesterday's Tractor Co. products and within the Yesterday's Tractor Co. websites are the property of their respective trademark holders. None of these trademark holders are affiliated with Yesterday's Tractor Co., our products, or our website nor are we sponsored by them. John Deere and its logos are the registered trademarks of the John Deere Corporation. Agco, Agco Allis, White, Massey Ferguson and their logos are the registered trademarks of AGCO Corporation. Case, Case-IH, Farmall, International Harvester, New Holland and their logos are registered trademarks of CNH Global N.V.
