April 22, 2009
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Posted By sicilian cowboy on 4/21/2009 at 3:08 PM

Good grief and heavens to betsy! Enough already!

A lot owner who puts his fence inside the lot lines by a foot does not automatically make his lot one foot smaller on all sides, and all of his neighbors lots one foot larger on one direction each! Conversely, setting the fence over the line by a foot doesn't automatically make deed "defective".

Even if the fence sits for the "statutory period", it does not make the lot size change, unless there has been some form of interaction between the adjoiners, and statutory requirements have been met.

Maybe this is more a regional thing, or a PLSS issue. My examples above hold true in colonial urban and suburban areas……every fence does not a boundary make. The lot lines would be moving all over the place.

Does my 50 by 100 lot become 49.7 by 100.7 because my fence is not exactly on the line?

Does it happen THAT DAY, if my neighbors come over and say "Nice fence"?

What would happen if everyone in a block or subdivision for some unknown reason moved their fences in three feet in one direction three feet……would the guy on the end of the block all of a sudden lose three feet at his end? Of course not.

How about a poll?

For those who survey in these types of areas, how often do you change the size of the parcel you are surveying because the fences don’t match the deed description?

How many corrective deed descriptions have you filed under these conditions?

Some folks on here seem to think this should be a routine occurrence.

From my experience (limited maybe, compered to some) we seem to be arguing about aberrations....things that in my experience happen rarely if at all.

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