Property line issue

shrpshtrjoe · Posted: Sat Aug 09, 2008 3:43 pm Post subject: Property line issue

I had to pull down one of my tree stands today Sad

I have had this stand built for 7 or 8 years and taken quite a few deer from it. I was set up about 40 yards from a ajoining property ( so I thought ) and thay recently had it surveyed and guess what I was over the line by about 30 yards. The property owners were I hunt doesen't agree with the survey they say it's wrong and there disputing it but I pulled the stand down any way last thing I want is problems when I'm in a stand trying to hunt. So I will pull it back about 60 yards and rebuild, It needed a new roof anyway Laughing

Joe

DallanC · Site Admin Joined: Jan 18, 2005 Posts: 3572 Location: Utah

Is there a fence marking where you thought the old line is / was? The law gets interesting in those cases.

I'm getting into a dispute with a neighbor about property rights atm... he wants to build a monster sized shop to work on his deisel's right next to my house. The problem is its a residential area and he wants to build the shop for his commercial business... behind his house. Grrrr makes me angry!

-DallanC

shrpshtrjoe · Posted: Sat Aug 09, 2008 6:56 pm Post subject: Re: Property line issue

There is a old fence line there Dallan and on the deed it shows the property line about 60 yards on the other side of the fence but the other guy found a corner marker and by the marker my stand was on his property. There not happy about it at the farm I hunt but I don't think they can do much about though. I figured better safe than sorry and just moved it I will let them argue it out. The last thing I want is to be rousted out of a stand the first day of deer season. Good luck with your dispute.
Joe

Duce · Member Joined: Mar 01, 2008 Posts: 124 Location: Kentucky

I know in the state of Kentucky you have 1 year to dispute any property line problems from the time of purchase of the property. If you wait any longer the property lines are set and you give up any rights to the said property.

Vince · Posted: Sun Aug 10, 2008 2:20 am Post subject: Re: Property line issue

shrpshtrjoe wrote:

I figured better safe than sorry and just moved it I will let them argue it out. The last thing I want is to be rousted out of a stand the first day of deer season.

That makes a lot of good sense Joe. Smart move. Anywayz mate, now you can built a 5 Star huntin' stand.

Dallan wrote:

The problem is its a residential area and he wants to build the shop for his commercial business... behind his house. Grrrr makes me angry!

Not sure how the Zoning Laws work in your neck of the woods Dallan, but over here, if the land is zoned Residential then you are not allowed to set up business like this guy wants to. Also, if the business or development has the potential to affect others, then they must put up, and publicly display, a Notice of Intention to Develop. Interested or affected parties then have a right of objection to the Town Planners. Doesn't necessarily mean it won't go ahead, but if your argument against it is strong then you will get a fair hearing.

Good luck with your dispute mate.

Cheers, Vince

dust54 · Posted: Sun Aug 10, 2008 3:34 am Post subject: Re: Property line issue

Joe,

The only way for them to properly settle this is with an up to date survey. Today the surveys are conducted with GPS and are very accurate. That should solve your problem.

Dallan,

In most states they rely on the citizens to enforce the residential zoning laws. In other words they will not react until a complaint is filed. You may have to wait until the property shows signs of development to file, because all you currently have is hearsay. But in your neck of the woods that may be enough to motivate the enforcers. Good luck.

shrpshtrjoe · Posted: Sun Aug 10, 2008 4:26 am Post subject: Re: Property line issue

Vince wrote:

That makes a lot of good sense Joe. Smart move. Anywayz mate, now you can built a 5 Star huntin' stand.
Cheers, Vince

I wish you could see some of the stands we have built Vince there like small condos Very Happy

my buddy is rebuilding his this year, all the sides are plywooded it has shooting windows and a door, shingled roof. I will get some pics when were done building them and post them Laughing

.
Joe

Bushmaster · Posted: Sun Aug 10, 2008 6:17 am Post subject: Re: Property line issue

Does anyone hunt anymore? Just askin'....Say Joe...When you complete that hunting stand do you plan on a house warming? Very Happy

Had a very minor land dispute here when I moved in. Ran a compass course from where he had a marker and I seem to have won as I marked my line from that due north compass run and he hasn't disputed it... Smile

Gil Martin · Posted: Sun Aug 10, 2008 7:02 am Post subject: Re: Property line issue

Dallan,
I have been on my township zoning board since 1991. My recommendation would be to contact the local zoning office and speak to the zoning officer. He will be conversant with the zoning ordnance and have to issue the permit for the new construction. There are usually sideyard setback requirements and uses that are approved and prohibited in each zoning district. Hope this helps. All the best...
Gil

DallanC · Site Admin Joined: Jan 18, 2005 Posts: 3572 Location: Utah

Gil Martin wrote:

Dallan,
I have been on my township zoning board since 1991. My recommendation would be to contact the local zoning office and speak to the zoning officer. He will be conversant with the zoning ordnance and have to issue the permit for the new construction. There are usually sideyard setback requirements and uses that are approved and prohibited in each zoning district. Hope this helps. All the best...
Gil

Yea I'm going to contact the city this week and get the scoop on it before this guy goes into construction.

Thanks all for the advice

-DallanC

shrpshtrjoe · Posted: Sun Aug 10, 2008 9:21 am Post subject: Re: Property line issue

Bushmaster wrote:

Does anyone hunt anymore? Just askin'....

The main property I gun hunt is not that large the wood lots are only 40 -50 acre lots. The four of us that hunt it have a rule that we only shoot from a elevated position too many houses around to take chances.
Joe

Bushmaster · Posted: Sun Aug 10, 2008 9:23 am Post subject: Re: Property line issue

Point made and taken, Joe... Smile

DallanC · Site Admin Joined: Jan 18, 2005 Posts: 3572 Location: Utah

Bushmaster wrote:

Does anyone hunt anymore? Just askin'....Say Joe...When you complete that hunting stand do you plan on a house warming? Very Happy

I never in a million years thought I would say this, but I'm wondering if my hunting days are comming to an end. With the new proposed changes to our states hunting laws and tag allocation, its becoming rediculous. The chance to draw even a general deer tag is about to come a once per 5 year ordeal starting next year.

Odds are if i want to continue deer hunting, I'm going to have to travel east and hunt whitetails.

-DallanC

shrpshtrjoe · Posted: Sun Aug 10, 2008 2:53 pm Post subject: Re: Property line issue

I'm sorry to hear that Dallan I hope things get better in your state. We have plenty of deer here in the east to go around so your welcome to come get a few Smile

Joe

Duce · Member Joined: Mar 01, 2008 Posts: 124 Location: Kentucky

We in Kentucky still have a good population of deer there not as large as they once where because of over population and the state not opening the hunting season for longer periods for control, but the rabbits and bird game are going quick with the growing coyote population.