Skelley331
New Member
We own 27 acres of wooded land and the north line that butts up to our neighbors corn field is in dispute. I researched our deed back to 1853 and we own the senior tract of land. We had a survey done when we bought the property in 2001, they have owned their field since 1944 but never had a survey done so the deed just kept being transferred using the same description. But during my research I found that from the first plat separation to his deed description it changed 3 times from 24 acres to 27 acres to 28 acres but never was surveyed. The surveyor who did our survey has surveyed this area for the last 40 years and it was done using monuments and pins.
over 1382 feet running east to west the north and south line on the west side has a overlap of 9' and the east side 6'-0 so they want us to split it. There was a old fence that's been down for 60 years plus and only runs about 30 ft and is only 6" high and all the post are gone, after the 30'0 no evidence of the fence exists. We hired an attorney and paid almost $1000 and their attorney's response was if we didn't agree to split the difference then it's a no go and this came in the format of an email. So now we are back to square one. Thru the DNR over a year ago had the land Classified Forestry & Wildlife habitat and we have or had to post signs up all around our property. Well the neighbor hired another surveyor to come out and he only put wood stakes up but guess what? He put them were our survey line was and it made them mad. But he didn't set any pins and they said it was just to see how far off the fence was to the survey line. In one place the fence is maybe 5'0 but then it's like 1'-0 from the wood stakes. So how do we handle this now? I told our lawyer I wasn't paying anymore money since nothing was accomplished and that according to all the research I did at the recorders/land surveying office we hold the senior deed, our land never deviated from the original plat plan and was surveyed 3 separate times during the selling of it and never had any errors. We told their lawyer that we claim up to the wood stakes put down by the second surveyor that agreed with our survey and that they couldn't sell or transfer the property until they corrected their deed. It's just annoying that it has to be this way.
over 1382 feet running east to west the north and south line on the west side has a overlap of 9' and the east side 6'-0 so they want us to split it. There was a old fence that's been down for 60 years plus and only runs about 30 ft and is only 6" high and all the post are gone, after the 30'0 no evidence of the fence exists. We hired an attorney and paid almost $1000 and their attorney's response was if we didn't agree to split the difference then it's a no go and this came in the format of an email. So now we are back to square one. Thru the DNR over a year ago had the land Classified Forestry & Wildlife habitat and we have or had to post signs up all around our property. Well the neighbor hired another surveyor to come out and he only put wood stakes up but guess what? He put them were our survey line was and it made them mad. But he didn't set any pins and they said it was just to see how far off the fence was to the survey line. In one place the fence is maybe 5'0 but then it's like 1'-0 from the wood stakes. So how do we handle this now? I told our lawyer I wasn't paying anymore money since nothing was accomplished and that according to all the research I did at the recorders/land surveying office we hold the senior deed, our land never deviated from the original plat plan and was surveyed 3 separate times during the selling of it and never had any errors. We told their lawyer that we claim up to the wood stakes put down by the second surveyor that agreed with our survey and that they couldn't sell or transfer the property until they corrected their deed. It's just annoying that it has to be this way.
