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Problem..Your Maine Real Estate, Property Owner Neighbor Worried About Where Line Is.

New neighbor buys the property next door to you in Maine.

And the property side line was a natural tree three blind miceline, rocks long gone that were mentioned in the deed. So what to do? Just wrote a blog post on the easy Maine way to handle simple survey boundary disputes.

Ever had a neighbor where they mowed over where you thought was the line? In the back of your head thinking do they really suddenly think they own more than the little talk you had when you or they moved in?

Or are you slow on the draw to mow? And Mr Rogers or Johnny On The Spot is in a lawn contest and keeps it golf course close, neat, trim? Can not resist taking a few extra passes, swipes of grass.

The thought of if you don't say something, will they lay claim like squatter rights start to dance between your ears, behind your eyes. But without corner posts, and with both of you having vague, less than desirable deed descriptions, you limp along. Because the Maine homes lots are not part of a subdivision. Not laid out soldier formation. Not straight, grid, in a line like kind house lot formation with compass bearings. No official stamps, plastic mylars recorded anyway, and just never done.

No starting points even the three blind mice could easily establish, figure out if there was a free fresh piece of cheese at stake.

You are out in the country. Small acre lots, just whatever grampy or someone that rode a horse to town for church, groceries wrote out in pen and ink. Barnyard lawyer fashion, to folks in the family or the land traded for two pigs and a chicken. Or maybe a horse in the trade that died shortly after the ten day plates expired. Anyway the easy method to settle the score. Swap deeds, shoot the line that is missing because of trees or rocks or gravel pits, whatever long removed before you both came on the scene.

Trade release deeds, clear it with a mortgage holder who could put a wrench in to the operation if there is one. If you are worried you may have lost a foot or two, the other guy has the same thoughts. But it is expeditious, quick, not costly, done for the world to see. The surveyor will shoot the line, degrees of latitude, longitude and help draft the legal description of this exercise. Now in downtown LA, where you could put a ton of homes on that one acre (that is 208 x 208 if square) and with values more zero places, a few feet could mean I can park off the street or not. The stakes are higher, everyone squeezed in on scarce, more valuable dirt to be giving away, gaining. This simple approach works in many cases. We're not talking 300 acre farms where you lop off hundreds of feet. Just the simple my neighbor and I figure somewhere in this two foot section is the line "no fault survey". Shoot it, note it, get back to having fun in Maine.

I'm Maine REALTOR Andrew Mooers

info@mooersrealty.com | 207.532.6573

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Comment balloon 2 commentsAndrew Mooers | 207.532.6573 • September 28 2010 05:42PM

Comments

"If you are worried you may have lost a foot or two, the other guy has the same thoughts."  Oh Andrew, you are so right on this one.  

We have some of these same problems around Lake Raymond Gary.  Original suveys weren't based on rocks that are gone, but were shot with much more primitive equipment that we have now with the gps centered and homed transits. 

Then we have the problem of one addition that was platted with lots and then replatted with lots a little different, hitting the water at a different angle than the old plat.  The problem erupts when the surveyor goes by the court house and gets a copy of the plat and they give him a copy of the first plat. 

There have been so many disputes and there seriously are so many property lines that go through houses that the attorneys stay busy doing quiet quiet suits because adverse possession...

Ain't it fun?????

It is so much easier when adjoining land owners do what you suggested and swap deeds... been there and one that... it's a much happier, easier ending and makes for better neighbors. :)

Posted by 1~Judi Barrett, BS Ed, Integrity Real Estate Services -IDABEL OK (Integrity Real Estate Services 118 SE AVE N, Idabel, OK 74745) almost 10 years ago

Somebody likes fighting, the folks that thrive on a Judge Judy and are in the audience every day mentally. Thinking someone is pulling one over on you is not the dance. It's a simple case of you and I need to nail down the line, we're not talking much land, and rather than surveyor after surveyor and then lawyers and then the slow wheels of justice and then ignore be upset with your neighbor...then the your kids their kids start in like the Hatfield and McCoys....waste of emotion, poor use of money for a simple task. If there is only one piece of cake left...we have to split it...if I say Judi Judi Judi, you cut, I pick...You know each piece will be identical. Because if not, I pick the bigger one. Simple solution, then get on to things that really matter in the day to day. Real estate brokers, agents need to adopt the same thinging. Rather than "my buyer" or "my seller" stance ready to ligigate and worried someone is putting anything over on them. Making a mountain out of a mole hill to justify being involved. Mediate, not litigate is the remedy, with a healthy dose of common sense.

Posted by Andrew Mooers | 207.532.6573, Northern Maine Real Estate-Aroostook County Broker (MOOERS REALTY) almost 10 years ago

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