Property line dispute

Asked over 5 years ago - Mission, KS

What can I expect in time and money commitment when having to go to civil court over a property line dispute? We had our land surveyed and I did historical research on the property. Both back up each other.
My neighbor is insisting that the survey is wrong but does not have certified proof as we have. She is stating that the surveyors used the wrong survey points to find the four corners of the property. According to old papers she has, the property points are at different locations, where the easement posts are. She has a friend that works for a survey company who told her "you can pay us $1000 to have it surveyed but you can do the same thing with a measuring tape after locating the easement and plat markers."

Additional information

About 20 years ago we could not afford a survey so we made sure to set a fence on what we knew was our property. Her claim also is that because we set that fence and agreed for her mother to continue a fence line that followed what we set up, her attorney said this is now considered the property line. This dispute is over a 2.5 to 5 foot wide by 135 foot long strip of land. We pay the property tax on it. This portion of land was deeded over to our property in 1946. Her mother bought her property in 1967. She has since passed and her daughter is the owner now. When her mother was alive, we used to maintain her property, over 15 years.

When we told a city employee about our dispute, they chuckled a bit because in some states if you maintain a property over a certain period of time, it is considered yours! We of course would not do this to her daughter but it sure does make things interesting to think about everytine they yell at us for being trouble makers.

Attorney answers (2)

  1. Michael Hassen

    Contributor Level 14

    Answered . You should consult with a real estate attorney licensed to practice law in Kansas. In California, this would be a straight-forward case because the "agreed boundary" doctrine does not apply when the true boundary lines can be determined by a boundary survey. An expert in real estate law should be able to tell you off the top of their head what will be involved in litigating your case.

  2. Alan James Brinkmeier

    Contributor Level 20

    Answered . The answer to your question may take several hours of legal research. A few court hearings may be
    required leading up to a trial. Documents will have to be exchanged between the sides.

    The tape measure evidence will not hold up in court, though, and a pro is needed for the survey, as you know.

    Because this matter is so important you should really get a lawyer.

    You might find my Legal Guide helpful "How to Choose A Lawyer For You"

    http://www.avvo.com/legal-guides/ugc/how-to-cho...

    You might find my Legal Guide helpful " What Do I Tell My Lawyer"

    http://www.avvo.com/legal-guides/ugc/what-do-i-...

    No one can know what the record is in the case because online we cannot see your documents. You need a lawyer. Check with a lawyer in your locale to discuss more of the details.

    Good luck to you.

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