• ODT Gun Show this Saturday! - Click here for info and tickets!

Private Land Boundaries

NewLeaf

Default rank 5000+ posts Lifetime Supporter
Glad2bHere
30   0
Joined
Jun 14, 2016
Messages
19,277
Reaction score
24,552
Location
Euharlee, 30121
Uhff... So several years ago my Mother buys 2 pieces of land with a doublewide (25ft wide ride away right across the middle separating the 2 pieces of land) . The previous owner walked over the land lines with me and I agreed with him that it would be impossible to build on the land beside her or behind her due to it being landLocked (Before she purchased it) . Well..well..well Nobody has been interested in said land for 30yrs , i know , except for hunting , and that has been cool besides the poachers . BUT now this dude wants to defy the laws of land ownership . They cut up the trees and put a nasty looking driveway in that goes well over the 25ft ride away....cool ; they've torn the **** out'a her yard even parking big trucks and equipment in her **** front yard . Now , after her and I being as kind as humanly possible , this dude asks "can i tie into your sub pole for power? " ... Mom says "Sure... as long as it doesn't effect my property" LOL ; So GA Power shows up today and says "we just need you to sign these papers so we can cut this line in" WUT?? "Oh yea , we need to cut 10-15 more trees down" . So she calls me....a n d......it's a NO . I have more than a good idea that when I have a survey re-done that nobody is gonna want to be even part owner of any of it . This bull has gone on long enough . Anybody know where i can get a Really good deal on a survey? And any insight into this ****SHOW will be welcomed . Yes ODT is my go to and humor is always good too
 
You need a survey. The county GIS may have a depiction of the site and the deed may have a metes and bounds description but neither are a survey. Ask the new people if they got a survey and if you can see a copy, too. PM me if you want help figuring it out (I'm not a surveyor but am 30 years in real estate appraisal, investing, building, etc.)
 
First step, go to the courthouse and make copies of any plats associated with both properties. You can hire a surveyor to do the plat research if you like. Hard to tell what you are describing regarding the Right of Way? Sounds like you are saying the property behind you have an access easement?

You'll want to see what kind easement they have and what rights it gives them. At best you can sue them for encroaching on you property after reasonably asking them to pay for your damages outside of their access easement.

You will probably want to get a boundary survey (which would include plat research)
 
go and get any plats/deeds associated with both properties. go back as far as you can. so you can see the access easement that runs on the property. the easement will be on the landlocked deed and might be on yours. it will show the size and the old surveys will show the easement location. research right of a access easement to see what can and can not be done. most easements are "right of carriageway" and not much you can do. "right of carriageway" gives the landlocked person the right to have a road to his property. see:https://elringtons.com.au/2011/08/easements-for-dummies/ for information.
 
go and get any plats/deeds associated with both properties. go back as far as you can. so you can see the access easement that runs on the property. the easement will be on the landlocked deed and might be on yours. it will show the size and the old surveys will show the easement location. research right of a access easement to see what can and can not be done. most easements are "right of carriageway" and not much you can do. "right of carriageway" gives the landlocked person the right to have a road to his property. see:https://elringtons.com.au/2011/08/easements-for-dummies/ for information.
I've got the old plats and i showed'em where the stakes were (since they didn't want to pay for a survey before breaking ground). Those stakes are missing and i know they've gone over too far. I was willing to let all that go but they just keep on wanting more. We are easy to get along with (imo lol) but if they want anymore trees or land...it's gonna cost . And it will cost on top of what they've already done
 
some "right of carriageway" are 20 feet wide and take direct path to landlocked area. i have seen some at 12/10 feet too. it should state how wide it is on the deeds/plat. it looks like you will need to get an attorney that knows property rights and then have the attorney get "his" survey crew in to do a surey. sound like you will heading to court to clean up this. or,,,, if you and the other party agree on how wide and direction/path of the "right of carriageway" get the tape out and set the lines.
 
Back
Top Bottom