encroachment

[amacoycurry]

What is the name of your state? We live in Wisconsin and are having a property dispute with our neighbor. We bought our property about 20 years ago. We bought a 91-1/2 foot lot on a lake that had been part of a resort that was portioned off. We originally had 2 cabins on the lot, one behind the other but have since torn down one and put in a double wide mobile home. Our neighbors to the north have gradually been putting up structures that we feel are on our property, but were not sure and he said he was sure he knew where the lot line was even though we have lived here longer than him. So we have had our property surveyed and it seems that his septic system that was put in in 1986 is on our property, his garage is 12-1/2 feet onto our property and his shed is to the south of the garage so he has encroached on our property by almost 20 feet. His garage was put up about 5 years ago and the shed was put up last year. As it turns out a corner of his house is also 7'10" on our property also, but the house was there when we bought the property. It was also part of the resort as was one more house to the north of our encroaching neighbor. He will not speak to us and has told other people that because there was a problem of a shortage of 12 feet when the resort was sold, that we all have to give up something. But him and the other guy to his north seem to have all of their property. We sent him a letter stating that we want his garage and septic and shed removed, but have not heard anything from him. Will we have to sue him and will we win. If we have to sue him can we make him pay for the survey and the attorney fees? Can we charge him rent until he removes them? Will we win the case if we have to sue?

 

[StakeDriver]

Survey

The neighbor argues that there is a shortage in the overall original parcel. Your Surveyor would have taken this into account when he monumented your boundary line.

If you are part of a subdivision then the shortage would be proportioned among all the lots. If the land was parceled off piece-meal then the first lot deeded off gets full measure and the second gets what's left, etc. This is known as Junior-Senior rights.

As I said, your Surveyor would have accounted for this and marked your line accordingly.

Licensed Land Surveyor, CA

 

[amacoycurry]

He also has been telling neighbors about something called a surveryors law. Is there such a thing and if there is what does it mean?

 

[HomeGuru]

He also has been telling neighbors about something called a surveryors law. Is there such a thing and if there is what does it mean?

**A: yes, there is a surveyor's law but I have no idea what law he is talking about.

 

[StakeDriver]

Surveyor's Law?

That's kind of a general statement. Land Surveyors apply various statutes (written laws) and common law when marking your lot lines. Which law applies to any particular situation is a matter of knowlege, judgement, and opinion.

Applying the law can be a simple problem of mathematics such as in a new, extensively and accurately monumented subdivision and it can be complicated in older areas with various forms of evidence that doesn't consistently fit the record well.

Most states have some form of what is known as the Professional Land Surveyor's Act in California. This act governs who may practice Land Surveying and the standards of practice. Usually this Act is not specific as to boundary line issues because boundary is covered under various other laws, court decisions and local custom.

The Land Surveyor's job is to uncover as much evidence and facts as possible and make an impartial decision as to where the boundary line is. Land Surveyor's are not advocates (such as an Attorney) even though you are paying their fee. Only a Judge can determine where your Property line (as opposed to Boundary) lies. Boundary Line is the line described in your deed. Your Property line is where your rights go to. Usually these are the same but not always as in the case of Adverse Possession.