Association News

Neighbors Resolve Property Line Dispute

April 3, 2007
/ Print / Reprints /
ShareMore
/ Text Size+

Property line disputes can become litigious, costly nightmares for property owners, but some Loomis neighbors have come up with an amicable solution to their problem.

The solution was shared with the Loomis Planning Commission at their March 20 meeting when a lot split approval was requested.

Barbara and Tim Norman of Loomis were interested in splitting their 8.9-acre property on Laird Road into two parcels.

They purchased enough of a neighbor's property to have the 9.2-acre minimum required for the split, but a land surveyor found that the existing fence line separating the Norman's property from four neighboring parcels encroached 20 feet onto their property.

The fence had stood for generations and everyone assumed it was the property line. The neighbors had erected sheds, garages and located leach fields on property that in reality wasn't theirs.

"We aren't interested in moving fences or demolishing buildings," Tim Norman said.

The Normans and their neighbors came to an unusual, but simple resolution that will create a landscape easement allowing the Normans to split their lot while their encroaching neighbors will retain use of the land in question.

Bill Mitchell, president of Land Development Services in Rocklin and surveyor of the property, explained the parameters of the easement. He said no further development of the property in question would be allowed by the neighbors and if an existing building were to be destroyed, it would not be replaced. The fence would also remain in its original location. An easement would ensure that future owners of the Norman property could not demand the land be returned. "We have a gentleman's agreement right now," Mitchell said. "Years ago these were large parcels of land that over time were split many times. They didn't hire surveyors and the deeds weren't written by professionals, so there are a lot of these situations in the area. Many property owners make lot line adjustments with their neighbors or reposition the fences correctly when the errors are discovered."

The Planning Commission approved the lot split with a requirement that the lot line easement be completed.

Mitchell explained that years ago the courts went by "grandfather clauses" that allowed old fences to stand as property lines. In more recent court decisions, including an appeal to the Supreme Court, that practice is no longer accepted.

"The Supreme Court ruled that title stands and deeds can't rely on fences being the property lines," Mitchell said. "In this case, we have a group of owners who got together and agreed."

In other planning commission news, the Homewood Lumber relocation request was tabled until the April 17 meeting so that the wetlands report from the Army Corps of Engineers could be received and reviewed.

The planning commission also elected Mike Hogan as their chairman and Janet Thew as the vice chair. Hogan replaces former chairman Greg Obranovich who is still recovering from an accident that left him with a broken back and ribs and a lacerated kidney. Obranovich is expected to return to the commission next month.



Source: theloomisnews.com, March 30, 2007.

Did you enjoy this article? Click here to subscribe to POB

You must login or register in order to post a comment.

Multimedia

Videos

Image Galleries

HxGN Live

More than 3,500 attendees from more than 70 countries attended HxGN Live, the annual Hexagon AB user conference, at the MGM Grand Hotel & Casino in Las Vegas on June 3-6. About 450 keynotes and panel discussions were held, and several companies from around the world exhibited their geospatial products. Here are a few snapshots from the event.

POB

POB August 2014

2014 August

In the August 2014 issue, POB explores how John McAslan + Partners used 3D modeling to facilitate the update design of King's Cross Station. Also, read how keeping workers safe on a rocky, steeply sloped mountainside requires precise, reliable monitoring.

Table Of Contents Subscribe

Drones

How long until drones will be commonly used in business?
View Results Poll Archive

Point of Beginning Store

M:\General Shared\__AEC Store Katie Z\AEC Store\Images\POB\epubsite\Statues-pic-large.gif
Surveyor Statues

The perfect gift or award for any special occasion.

More Products

Clear Seas Research

Clear Seas ResearchWith access to over one million professionals and more than 60 industry-specific publications, Clear Seas Research offers relevant insights from those who know your industry best. Let us customize a market research solution that exceeds your marketing goals.

Geo Locator

Buyers Guide

The #1 buyers' guide for land surveyors and geomatics professionals. Search listings for software and equipment manufacturers, equipment dealers and professional services. CLICK HERE to view GeoLocator.

STAY CONNECTED

Facebook logo Twitter logo  LinkedIn logo  YouTube logoRPLS small logo

Google +