Posted By Dave Karoly on 9/21/2008 at 11:07 PM
have a client that has a 50' wide lot by Deed. The lot adjoining to the
south is also 50' wide by Deed. Both of these lots came out of a common
grantor in 1954 (it took me a while to figure that out). There is a 50'
wide subdivision lot adjoining the south lot.
The two lots in
question were joined into common ownership in 1963 and seperated again
in 1991 (all using the same descriptions).
So we have client on
the north, adjoiner in the middle and another lot on the south. Middle
and south occupy 50' between fences. These three fences appear to be
shifted north 1.5' so my client's lot is missing 1.5' of width
(client's north fence appears to be on the lot line).
written a letter to the south adjoiner simply notifying them I am
Surveying client's lot and if they have any information, questions or
comments they may contact me. I haven't heard from them.
I had a
meeting with the client and I advised them that the occupation line may
be the boundary by practical location (it's a chain-link fence that
appears to be old in front with a wood fence that appears to be newer
but in the same alignment to the rear). I indicated that it would not
be cost effective to try to recover the 1.5' by litigation. I said I
would not set monuments in the adjoiners yard with out at least talking
to them first. The client actually was very understanding of all of
this. He may adjust his house plans.
He did mention a concern
that if the Deed says 50' but the lot is really only 48.5' wide then
that might cause a liability to a buyer. I hadn't thought of that but I
think that is a valid concern. He said he would put any buyer on notice.
told him that we should attempt to talk to the adjoiner before making
any final decisions. I really think it's a matter of negotiation. Like
me, he doesn't want to spark a dispute.
September 22, 2008