Boundary by aquiescence

[justalayman]

Not a plat map, a survey. A plat map is not a replacement for a survey.


you have a couple different issues going on/


1. the boundary by acquiescence. The cops aren't going to give a rats butt care about it even if it might be a criminal issue. Since there is a dispute and nothing to prove either sides claim, they cannot prove whose fence it is and are not going to spend the money to do it for you. If you want to make an argument on the acquiescence issue, you will have to sue the neighbor.


2. the current encroachment; whether you wish to argue the boundary by acquiescence is the legal line or the line laid by the surveyor after a survey using the legal property description, again, the cops aren't going to get involved for the previously mentioned reason.

So, in either case, if you wish to do anything, you are going to have to lawyer up and head to court.

 

[flyfisher]

Just an update. The case has been filed and given a number. The neighbors have been served their summons and have until the 29th to reply. 10 causes of action to be addressed including quiet title along with comp and punitive damages. Keeping my fingers crossed.

 

[Ben T]

I wish you the best outcome with this difficult neighbor. And one hopes he doesn't lawyer up and drag things out. That said - the evidence sure doesn't seem to be pointing to anything in his favor. Please keep us apprised.

 

[flyfisher]

The neighbors lawyer'd up and the matter went into mediation. The neighbors agreed that they screwed up and agreed to move the fence back to the line. I dropped the money aspect of the lawsuit thinking it would take another year and possibly more money to drag it out for the end result to be the same as my initial mediated outcome. A win for me and an outcome that was better than expected. Out of pocket I think I ended up with a $1500 bill for the lawyer and mediation. Well worth it to see them SOB's sweat it out with a high dollar lawyer whose hands were basically tied.

 

[FarmerJ]

Flyfisher glad to hear you had a outcome you can live with. Yes it could have been worse but it was not.

 

[csi7]

I agree. Glad you found a compromise you can live with.

 

[Alan Cook]

Update?

This is by far 100%, Definition #1 Boundary by Acquiescence...previous owners and I are the infringers

The original footings are still in place. They are cemented solid into place as they were in 1922. This will be the boundary location when the quiet title goes into effect.

I'm curious if this has gone to court or if the usual back and forth between you and the neighbor continues.

Could you let us know?

alan

 

[Zigner]

I'm curious if this has gone to court or if the usual back and forth between you and the neighbor continues.

Could you let us know?

alan

You didn't bother reading the entire thread, did you?

 

[Alan Cook]

You didn't bother reading the entire thread, did you?

No sir/madam, I didn't. But thank you for advising me that there was a page 2.

alan