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Boundary disputes

Smawgunner2

Active Member
1,230
63
Athens County
Question....if your neighbor (BFE) wants to build something close to your property line, and neither of you have an accurate survey, if i dispute it legally, is it on him to pay for a survey and provide proof? Anyone been in a similar situation? I effing hate people 😡
 

5Cent

Dignitary Member
Supporting Member
12,291
212
North Central Ohio
I would think you would need to prove thebboundary line if you are disputing. Then, if his structure is on or over the boundary line, its yours or you can legally pursue he can remove it and pay the survey and any other associated costs that you incurred to prove or return back to original state.
 

Floki

Junior Member
1,161
63
Maybe this will help you it could be a little more definitive on your boundaries then what you already have, or give you a better idea?


God luck! That kinda shit sucks. Had a neighbor every year tryin to do that shit to me.

Every year I’d see new orange flags on trees 4 foot farther on my property than year before. Every year they got torn down.

He’s dead now so that shit finally stopped.
Anyhow good luck.
 
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bowhunter1023

Owner/Operator
Staff member
48,879
274
Appalachia
You should be able to have a survey done on just that particular line, without having to pay for the entire property survey.

That's effectively impossible. In order to properly locate a single boundary, multiple lines will need to be surveyed as well. Surveying is trigonometry, so you need more than one line/angle to accurately locate a single line. The only way a surveyor can locate a single boundary is if the corners are known (and presumed accurate), then they can mark that line. But in the case like this, they'll need to survey multiple lines to accurately locate the one in question.

And sadly, the burden of proof is on you as the landowner to have an accurate survey if you wish to contest in a court of law.
 

bowhunter1023

Owner/Operator
Staff member
48,879
274
Appalachia
Maybe this will help you it could be a little more definitive on your boundaries then what you already have, or give you a better idea?


God luck! That kinda shit sucks. Had a neighbor every year tryin to do that shit to me.

Every year I’d see new orange flags on trees 4 foot farther on my property than year before. Every year they got torn down.

He’s dead now so that shit finally stopped.
Anyhow good luck.

So, yes, this a great tool for general locations, but that data is not coming from a metes and bounds description, which is what a surveyor is working off of. ArcGIS even states their mapping system is "general purpose" and the data is pulled from a variety of sources, most of which in our state is the county auditor's office. If you've ever spent much time on your auditor's website, it doesn't take long to see the property lines are "approximate" at best. While ArcGIS is a great tool, do not use it to resolve a boundary dispiriting.

*Disclaimer: I am not a surveyor, just the son of a surveyor who started assisting on surveys at 6 years old. I also spent 5 years managing surveying contractors in the oilfield and my best friend is a surveyor, so this is right up my alley.
 

Smawgunner2

Active Member
1,230
63
Athens County
Maybe this will help you it could be a little more definitive on your boundaries then what you already have, or give you a better idea?


God luck! That kinda shit sucks. Had a neighbor every year tryin to do that shit to me.

Every year I’d see new orange flags on trees 4 foot farther on my property than year before. Every year they got torn down.

He’s dead now so that shit finally stopped.
Anyhow good luck.
How did he die? I’d like to explore all my options 😁
 
Last edited:

Floki

Junior Member
1,161
63
So, yes, this a great tool for general locations, but that data is not coming from a metes and bounds description, which is what a surveyor is working off of. ArcGIS even states their mapping system is "general purpose" and the data is pulled from a variety of sources, most of which in our state is the county auditor's office. If you've ever spent much time on your auditor's website, it doesn't take long to see the property lines are "approximate" at best. While ArcGIS is a great tool, do not use it to resolve a boundary dispiriting.

*Disclaimer: I am not a surveyor, just the son of a surveyor who started assisting on surveys at 6 years old. I also spent 5 years managing surveying contractors in the oilfield and my best friend is a surveyor, so this is right up my alley.

You are correct,on my county auditors site they show me two different plats one that was drawn and tells depth width in feet.

Then the updated shows me where pins are located plus depth width etc.

I figured maybe seeing where pins are may help resolve something ?

I also have an easement on west side of my property. The older drawing never told me how wide the easement was. The newer one does.

As you stated above tho.You have to have it surveyed by different points etc. If it were me I’d go at least two pins past my property. Because everyone knows pins can be moved.
 

Floki

Junior Member
1,161
63

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Ohiosam

*Supporting Member*
11,708
191
Mahoning Co.
If you are in an area without zoning regulations or it's an ag building I believe it would be up to you to prove it's too close or over to the property line. If it's over he could be forced to move it. If it's over the property line and you don't legally defend your property adverse procession laws could give him the property after 21 years.
 

Floki

Junior Member
1,161
63
How did he die? I’d like to explore all my options 😁
Lol, He died of a massive heart attack.(😂😂) I had just got done building a homeowner a deck. I didn’t even know he had passed.

They told me. I instantly had to turn my back walk to the other end of the deck and smile. I almost starting laughing.

WhenI got home that day I went in the house cracked a beer and started cheering and dancing all around the house.

Wife was like WTF. I told her and she said I was going to go to hell. I smiled and said not today.

Needless to say that was not the only issue I had with that guy. Short end of it He was that neighbor that no one on the road could get along with/let alone like.
 

Smawgunner2

Active Member
1,230
63
Athens County
So here is the back story....my survey was done on the early 1800s...by chains. Although they are damn accurate, the "pins" were trees or sunken rocks...none of which are there on this line.
This cat just moved in. He owns 8 acres. All other properties around him are 80+ acres and are mostly hunters. We share a 60 foot overhang where he wants to build a stage and have concerts with 30 some guests. Yep, you heard it right....this asshole wants to blast music on Saturday nights when I'm down there hunting and trying to relax. As you can imagine, I'm not a fucking happy camper.
I can imagine the drunks crossing onto my property barfing, pissing, throwing beer cans, let alone the traffic. 🤬
 
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