Property boundary legal question.

[Bluumoon]

Bought some acreage last year that wasn't surveyed. Yes I know, should have. Question is, a boarding neighbor (he's owned the property 3 years) is claiming/fenced (old) and gated (new), what would be the southern road access to my property at least according to County GIS maps. Obviously the maps aren't perfect and a survey will/would confirm, but it appears pretty clear to me. I can't find a corresponding easement on my title, regardless if he has one I feel like I need to establish the line so I retain county road access to that part of the property.

Approached the guy to be neighborly and express my concern, essentially was told nope there's the property line ie the old fence line. Appears to be about a half acre he's claiming, can't imagine GIS is off that much.

I don't want to be unneighborly with how I proceed... It would really jam him up if I'm correct and he doesn't have an easement. His property was not surveyed at purchase either.

So do I send a registered letter with GIS map and ask fence and gate (at end of county road) to be moved, but allow access/offer easement? Or just have it surveyed and if I'm correct deny/give 30 days access until proof of easement/renumeration occurs.

 

[cuerro viejo]

fences arent necessarily property lines in most states, they are lines of convenience. With that said there are adverse procession laws that do come into play after certain number of years. Id get survey done asap and then get in touch with lawyer

 

[11boo]

I had a similar situation at my last place. No fence, but their drive was cut right thru my property. They refused to move their drive since it was there when they bought, and I wasn’t willing to give up a quarter acre just to be a nice guy.
surveyer cleared it up quick, and their driveway was moved. Then I put up a fence.
It is more than likely they know exactly where the property line is and don’t want to spend $ ona new drive.

 

[jayhawk]

Holy crap that’s where I elk hunt every fall. You’re telling me that’s all private?

 

[Bluumoon]

Holy crap that’s where I elk hunt every fall. You’re telling me that’s all private?

Best half acre elk spot in all of SW CO.

 

[Bluumoon]

fences arent necessarily property lines in most states, they are lines of convenience. With that said there are adverse procession laws that do come into play after certain number of years. Id get survey done asap and then get in touch with

Basically what I was thinking, would rather not drop the cash for a surgery, but can’t let it linger for too long.

The cheapo in me just wants him to prove if he has an easement before I pay for a survey. . No easement = survey = he’s gonna have to pay up, his other access is a long ways from his buildings.

 

[flyinsquirel]

I‘ll add that GIS systems are routinely off by much more than your 1/2 acre. You have to sort of read the tea leaves when looking at em. I’d start with pulling the recorded maps or contacting a surveyor. I still can’t understand why it’s legal to sell property without clearly marked surveyed corners….

As said above, you bought the property knowing your neighbor was ’claiming’ this land as his(not a dig at you just the facts), and prescriptive rights are a real thing. That said, his being able to continue using it as his access road, doesn’t prevent you from also using it and putting in your own gate on the E-W fence line If it is indeed your property.

 

[wapitibob]

Playing nice will get you screwed. Get a survey and a pit bull land use lawyer.

 

[Theringworm]

Playing nice will get you screwed. Get a survey and a pit bull land use lawyer.

100% this. Pay the fee to get a surveyor out ASAP and then lawyer up and let him take care of it. This has nothing to do with playing nice.

 

[Pacific_Fork]

What’s the issue? Is he stopping you from using a road to your outbuilding? The pics don’t really explain which is which.

 

[AZ8]

Looks like time is on your side to clear it up.

Colorado Adverse Possession Laws - FindLaw

Chart providing details of Colorado Adverse Possession Laws

www.findlaw.com

 

[jolemons]

Beware of perscriptive easements. Maybe you could offer him some money for a quit claim?

Sent from my SM-G990U using Tapatalk

 

[Bluumoon]

What’s the issue? Is he stopping you from using a road to your outbuilding? The pics don’t really explain which is which.

Highlighted portion north of the redline in fist photo is area of interest. Basically if I’m correct the guy has no way to access his property from the county road without crossing my property, he’d have to use the next road down half mile south.

I care because if I ever subdivide the property that would be the county road access for the southern lots.

 

[gabenzeke]

Get it surveyed and hire a lawyer. Like right now.

Sent from my Pixel 6 Pro using Tapatalk

 

[Gseith]

Get it surveyed and hire a lawyer. Like right now.

Sent from my Pixel 6 Pro using Tapatalk

The longer you wait the harder it will be get it back, especially now you are aware.
If you want to be friendly. Get it surveyed and have a lawyer write up an agreement that states he can use it for an agreed to amount of time, and extend it every couple of years.
But definitely survey it and document that it’s your property.

 

[Crowmangler]

Real property law varies by state of course but NEVER EVER buy property without a survey & title insurance whether you need it for a loan or not. Both will more than pay for themselves many times over if something fishy comes up in the future.

That said, get a survey & a lawyer immediately to get it resolved. Everyone wants to be nice & a good neighbor but just like the old saying goes "good fences make good neighbors".

You could have a great neighbor then they move & the next person could be a royal POS & tries to railroad everyone around & make everyone miserable. Don't ask me how I know this.

 

[nodakian]

If I understand the situation correctly, I offer my thoughts as a land surveyor on the situation:

1) Skip the registered letter, etc. and just Get It Surveyed and gather some facts. If you send a letter and later, after a fight and creating an angry neighbor, find out the guy is right, you look like a chump. If you send a letter and he complies, without a survey you still won’t know where your boundaries, and the underlying problem still will not have been resolved. Also, since you are asserting he is in the wrong (i.e. he is trespassing), you have a duty to prove it. Innocent until proven guilty applies.

Along with this, choose your surveyor wisely. Most just want to measure stuff, only a few know actual land surveying. You get what you pay for, so don’t skimp. If you think the situation could get ugly, a judge will likely require a survey, and the “measure-stuff” guys frequently have trouble in court.

2) If a survey discovers the neighbor is trespassing, maybe try granting an easement to him in exchange for half or all the cost of the survey and legal work? That would be cheaper than a court battle.

3) Based only on what I can infer from what’s posted here, adverse possession is probably not a concern. Most states require taxes to be paid on the claimed land which makes AP extremely difficult to prove.

4) In order for a prescriptive easement to exist, several elements must be present, and only a judge can decide whether they do. Ask a good land attorney. Like any profession, quality varies, so choose wisely.

 

[DWD]

Spent a career in forestry, some fence lines are spot on, some are way off. Get it surveyed.

 

[GSPHUNTER]

When there's a dispute, survey will settle it.

 

[Steve300xcw]

Years back had a neighbor who thought he "knew where his property line was" put in a well. Neighbor #2 didnt say shit......until after his new well was installed!

Get the survey!