Well, finally got my survey back from the surveyors. No bill yet, but I do have the coords of the markers and a lovely .kml file I can open in Google Earth that gives me some good info. Was there anything in there that was eye opening? Mmmm…no. And thats a good thing, isn’t it? The last thing I want is surprises.
Mathematically, I am within about 99.9% of the advertised acreage…any difference could easily be written up as a rounding error. Some features that I was curious about are now proven to definitely be on my side of the property line. The only possible kerfuffle is that the barbed wire fence that ostensibly is the border of state land is probably a couple feet on the inside of the state land side of the border. But Id rather it be a couple feet inside their side of things rather than the fence being a couple feet into my side of things.
Not sure yet what the final cost will be, but whatever it costs is whatever it costs. The result is whats important. I know now, with reasonable and legal certainty, precisely where my realm does and does not extend to. More importantly, I know where my neighbors should and should not be.
With regards to the fence, check your state laws. In SD if a fence has been in place for 25 yrs or more, thats the boundary regardless of what the survey says.
Feds may be different.
In addition if we are facing a fence, we are responsible for the 50% on the right hand side.
YMMV
Agreed. “fence law” (adverse possession) is on the books in a few States. I’d hate to have to argue with the feds on property lines, it would likely be a one way street.
It’s remarkable how some folks who move to the country, won’t repair a section of “your fence” that their livestock crashes through. Another way to irresponsibly become a bad neighbor.
There’s a case near the Supreme Court about a multi-generational ranch in the Dakotas (?) where an old fence was understood to be on the property line (including via numerous surveys, including from the USFS and USGS.
Then the feds (BLM?) decided it’s 10 feet into their land and want retroactive payments for…forever, based on their new survey.
The land owners can pay to fight, or pay the fees, either way they lose the farm
That won’t work for federal land. AT ALL.
Use caution with that fence line – there has been some very stewpid legal actions lately by government agencies for similar configurations – like fining the landowner for putting a fence on state or federal land (not sure that would apply since it is already there.
Another option is check ‘abandonment’ laws in your state – it may be that the land is yours now, or it will be, if they do not actively correct and protect their asset. (Probably an exception for government ownership, but heh, might be worth checking if you have an attorney buddy.
In many (most?) states, adverse possession of land is defined as using the property as yours AND paying taxes on it for 20+ years or so. It only applies to an entire tract, never a piece of it. I aint no lawyer (spit), but I wouldnt split any hairs with anyone over this. Leave well enough alone.
I’m glad it is wrong in your favor, but I would never build anything in that ‘could be disputed area’. Open woods, no problem, plus it is nice for those wandering in the Fed land to see a fence, a private property sign or two facing out toward the Fed land might be in order.
Commander:
It is always good to have solid, provable facts about land.
Any moves yet to get to know the locals?
Perhaps calling in at a store in the closest town for a few things?
Maybe asking about the people round your plot?
Unlikely to do harm…
I’d be REALLLL careful about opening that proverbial can of worms – best leave the issue of the state border fence alone – raise a fuss and the first thing you know another state revenge agency shows up ……
Yeah, that one is tricky.