my neighbor invaded my property (about 2 foot) and remove my lawn

flyingtigerusa

Six Pointer
when my wife told him to recover, he shouted, and doesn't agree the boundary (very obvious by the irrigation system that my previous owner installed).

To dispute this, I will go to court.

1 So I would like to have land boundary survey by professionals. We need to pay them first. If we win, will the court ask my neighbor to pay back?

2 what else can we do? I am in Cary.
 

nccatfisher

Old Mossy Horns
Contributor
The court doesn't ask anything, you have to in a suit. The court orders once it has been proven therein.
 
Last edited:

Eric Revo

Old Mossy Horns
Contributor
Cary?...you have to build a fake fire ring, join hands with your neighbor and sing Kuhm Ba Yah before settling with a mediation by a monk of the Hari Krishna organization.

Just funnin' ya..sorry I couldn't help myself. Have a recent survey done before making any move, at least of that one line.
 

JONOV

Old Mossy Horns
Removed your lawn? Did he pull up your sod? Put up a fence or cement pad?

Do you have an (even old) survey? Could you find the stakes with a metal detector?
 
Last edited:

flyingtigerusa

Six Pointer
Removed your lawn? Did he pull up your sod? Put up a fence or cement pad?

Do you have an (even old) survey? Could you find the stakes with a metal detector?

I don't know if previous owner got a survey or not. My thought is to hire a company to do the survey for me, then I went to court and request my neighbor to pay for the survey.

Where can I find the stakes? are their multiple stake along the boundary line in front yard?

thanks.
 

Homebrewale

Old Mossy Horns
Generally there are stakes marking the corners of the property. You could try using a metal detector as suggested to find them. On my lot in Apex, the back corner stakes were on the corner of the property and the front ones were located about 12-18" from the street curb.
 

cuppednlocked

Ten Pointer
You should also have had the property line surveyed during the purchase process. If you can find those documents it may save you some time.
 

witler

Eight Pointer
If you need a good, honest suveyor try Van Finch, his office is in Pittsboro. He lives in Apex and works all over.
 

Jack's PA

Twelve Pointer
Contributor
There should be a survey filed with your deed. You can get a copy from the Reg. of Deeds office.

Use this to find property corners if you can.

Hire a surveyor.

No the court will not make the other guy pay for the survey.

The court may make him pay for any damage he did to your property.
 

QuietButDeadly

Old Mossy Horns
Contributor
Read your Deed. That should tell you how the lines and corners were marked so you know what to look for. And the plat will show who did the survey. Get your neighbor to do the same and if the description of corners from both documents agree, you probably just settled the dispute. If you still disagree, you need to pursue a fresh survey and whatever legal action you deem necessary.

It is fairly rare for property to change hands anymore without a survey.
 

woodmoose

Administrator
Staff member
Contributor
send me the address,,,,,,me and a couple of the boys will have a talk with the fellow,,,,,,,,,
 

hog&deerhunter

Ten Pointer
Don't loose your temper and be civil. Dig out your purchase agreement from the previous owner. Get your deed out. Invite your neighbor over and ask him to do the same. Find out who is right and go from there. Don't make an enemy with your neighbor. You may find out he is right or he may agree you are right. Proceed from there legally an diplomatically.
 

NCST8GUY

Frozen H20 Guy
Bass Nixon and Kennedy are in Cary and do property surveys all the time.

I would say look at Wake County GIS, it draws property lines on google earth aeriel views, but I doubt it'll be accurate to 2 feet.
 

witler

Eight Pointer
Get a metal detector, try to locate the corner pins, do not disturbed them. Maybe take pics with something in the shot for reference, try and get original surveyor out to look it over. Based on past experience, I have been told by more than one surveyor, what is on the ground, trumps what is on the paper.

How long have you been in the house, I thought a survey was required at closing.
 

UncleFester

Old Mossy Horns
Get a metal detector, try to locate the corner pins, do not disturbed them. Maybe take pics with something in the shot for reference, try and get original surveyor out to look it over. Based on past experience, I have been told by more than one surveyor, what is on the ground, trumps what is on the paper.

How long have you been in the house, I thought a survey was required at closing.

They aren't always required. When I bought this old farm place I contacted my friend the original surveyor and he provided the information needed. I found the survey markers pretty easily after knowing where to look.
 

lasttombstone

Kinder, Gentler LTS
They aren't always required. When I bought this old farm place I contacted my friend the original surveyor and he provided the information needed. I found the survey markers pretty easily after knowing where to look.

For what it is worth, it all depends on feeling confident with who you are dealing with and being smart enough to know what you are doing. If you are borrowing money, sure, the lender is probably require a current survey. If you are handling it yourself you can save a lot of money. When I bought this place I had full confidence in the seller, a man I initially knew nothing about but he was 80 years old and a most respected man in the county. I went to the register of deeds office and traced the deed back over 100 years and found no liens against it. I got a copy of the last deed and survey and easily found all 5 markers on the land, spoke with the adjourning land owners to confirm my findings and made a cash offer which was accepted. I contacted my lawyer and had him file the appropriate paperwork and file a new deed. I'm sure this whole story does not apply to the original poster but a little research and a civil conversation with the neighbor may save a lot of time and money. The ship is not always sinking when people start to jump overboard. Good luck with your issues.
 

beard&bow

Twelve Pointer
Contributor
When we purchased, I did the same. Found the markers on the recent surveys. 20 hours prior to closing I was somewhat losing it about the markers vs tax map. But the mapping office reassured me that it was just a vicinity map and for tax purposes only.
 

lasttombstone

Kinder, Gentler LTS
When we purchased, I did the same. Found the markers on the recent surveys. 20 hours prior to closing I was somewhat losing it about the markers vs tax map. But the mapping office reassured me that it was just a vicinity map and for tax purposes only.

Correct. That is why we always caution folks here about using the gis maps as gospel. They are just lins drawn on them map the way someone n an office sees things. My farm is shy about 40 ac. on the gis map from the tax office but they still seem to use the documented acerage on the deed to bill me. LOL.
 

Ldsoldier

Old Mossy Horns
Get you a couple of rebar stakes, drive them in by the markers (stay far enough off that you don't disturb the official pins), and pull a string.
 

beard&bow

Twelve Pointer
Contributor
Correct. That is why we always caution folks here about using the gis maps as gospel. They are just lins drawn on them map the way someone n an office sees things. My farm is shy about 40 ac. on the gis map from the tax office but they still seem to use the documented acerage on the deed to bill me. LOL.

Yea, my main concern was someone in the future, trying to take me to court over what the tax map shows. That and a little worry about my fence line, but mostly the first. It's not that I wouldn't be proven right, I just don't want to deal with the hassle. But I know tax maps can't be 100% accurate.
 
Last edited:

Homebrewale

Old Mossy Horns
Just curious. What does it cost to have a surveyor come out and find the pins? What about finding the property line at a midpoint between two pins on the corners? For that second question, the back property line between my neighbor and me has several trees along the property line so it would be difficult to stretch a line between the pins because several trees would interfere. There are two trees I'd like to remove that are either completely or partially on my side. The husband of the couple wouldn't mind if they were removed but the wife doesn't want them removed. If I could determine that they are completely on my side, you'd hear the sound of a chainsaw.
 
Top