brojjenheimer t1_itf3g4e wrote on October 23, 2022 at 4:08 AM

Reply to comment by mcChicken424 in State Senator stealing my land by Silly_Yak_3741

You wouldn't necessarily know about the problem from a survey. Unless there was already an indication of the possession (a fence with occupation up to it) apparent to the surveyor, the survey would only show the record line and you would have to wonder for yourself why the line on the ground (if it was marked out) didn't match with the row of bushes. A row of bushes doesn't make it onto a survey unless it's already being looked at with interest, and is being noted intentionally. Not to say that getting a survey when buying property isn't money well spent, it is, but it wouldn't necessarily alert you to this issue.

SmiteyMcGee t1_itfq7i0 wrote on October 23, 2022 at 8:56 AM

I'm coming from where this was crossposted in r/surveying

I think what you said is generally true however I wanted to tack something on. In most cases of adverse possession the disputed land should be very clearly occupied by the encroaching party and this is something that would most likely be shown on a survey. Whether it's gardening/landscaping, sheds, other permanent structures or a fence as you noted. If it's just empty unused space after what grounds do you have to possess it?

Also in their duties of survey a surveyor really should talk with all parties involved which would also alert them of this but I think this often doesn't happen unless as you said, there was a known boundary dispute.

Again as you said a surveyor would most likely not discover this "issue" depending how obvious this so called shrub boundary is supposed to be, but for that reason it seems like a weak AP claim

brojjenheimer t1_ithc1yo wrote on October 23, 2022 at 5:33 PM

Sounds exactly like what I said, but with twice the words and therefore probably twice as clear :)

mcChicken424 t1_ithau2z wrote on October 23, 2022 at 5:26 PM

Yeah you're completely right. But there's a chance the surveyor could have asked about the row of bushes and that POS senator would have said he didn't know and the surveyor might could be called as a witness. But yeah you're completely right