Boundary Problems

Court Rulings

Over the century and years, the U.S. courts have been clear on the fact,that it is up to property owners to know were there property lines are located.where property lines are not well defined,you will find encroachments by adjoining owners,with fences,buildings,driveways etc. and after 7 yrs with color of title,these encroachments can ripen into titles of land,(Color of Title is some document that shows interest in the property valid or not.If no color of title exist, the encroachments will take 20 years to ripen into title.
William Easter - Sun Sep 06, 2015 @ 02:10PM
Comments: 9

The fifth amendment of the United States Constitution clearly states that private property shall not be taken by the Goverment (at any level) without just compensation.

Apparently this doesn't apply to Knox County and the MPC.If you have not  had the pleasure of subdividing a piece of property that adjoins a County road in Knox County.Let me enlighten you.

Subdivided a piece of property for a client last yr. that fronted on a county rd.The existing right of way is 20' from the centerline each side.submitted the drawings to MPC,MPC would not approve the drawings until the property owner dedicated 20' more of right of way,making it 40' from the centerline along the whole length of the property. when one questions that,you are told you will have to file a variance and go thru severel meetings and several months of time,to challenge this.other wise give us your property and we can approve the drawings.

Most cases when plans are submitted to the MPC,you either have a Buyor and seller,or just a seller,who don't have several months of time and money towaste.so they give in to get there plan approved

This is an illegal taking of property,and has been the policy of Knox County for at least 30 yrs. probely longer.

When the DOT and Federal Highway adminstration build new roads and need to build new roads or widen existing roads.The proposed surveying work is done to establish the amount of the land involved,then an appraisal is done, to determine a fair market value of the property.The owners and the Gov. Agency's negotiate the amount of payment for the property.

At some point a deep pocket land owner will challenge this in court,but until then Knox Co. will continue to rob the public

 



Comments: 9
William Easter - Tue Dec 17, 2013 @ 04:20PM
Comments: 6

Property owners are mostly pretty smart people,but when it comes to Land Titles,most are more in touch with what their car titles describe than what their deed describes.

We run into these situations,all time,a person buys a piece of property without getting a survey.Based on a description that was created  10 owners back in time,the deed has no bearings or distances,calls for adjoiners lines.rocks,trees,stumps etc for the corners.Has exceptions at the end of the deed of small parcels that were sold out of this description,with no description on these tracts as well. 

The new owner now wants are now needs a survey because they want to erect a fence,etc.and are in a dispute with their new neighbors as to the location of the boundary.they really don't have a clue as to the boundary,since they only know what the realtor pointed out to them.and all the realtor knew was what was on a tax map,and what the previous owner pointed out.

My point here is if there is a boundary and title problem with a piece of property,right now it is the problem of the current owner,but once you purchase the property it becomes your problem. (Buyor beware)  over the years, we have encountered problems with boundaries such as homes built on the wrong lot,homes half way across the property line.Bad titles where the new owners title is invalid.land owners cutting trees belonging to other property owners.which can get expensive.

Titles of land need to be retraced  back to the beginning of when this particular tract was created to know the real story of the Title and the boundary.In some cases two or more people have a deed to the same piece of property. The previous owner in title cannot sell something he does not own,no matter how many deeds they convey or how much time goes by.

                                                           

                                                                    The Ideal Title Opinion

A New Orleans Lawyer sought an FHA loan for a client.He was told  it would be granted if he could prove satisfactory title to a parcel of property being offered as collateral.The title to the property dated back to 1803,which took the Lawyer 3 months to track down.After sending the information to the FHA,he received the following reply (actual letter)

"Upon review of your letter  that adjoins your clients application,we note that the request is supported by an abstract of title.

While we compliment the able manner in which you have prepared and presented the application,we must point out to you

That you have only cleared title to the proposed collateral property back to 1803.Before approval can be accorded,it will be necessary to clear the title back to its orgin.Annoyed,the lawyer responded as follows (actual letter)

"Your letter regarding title case No. 189156 has been received.I note that you wish to have title extended further than the 194 years

Covered by the present application.I was unaware that any educated person in this country,particularly those working in the property area,would not know that Louisiana was purchased by the U.S. From France in 1803,the year of orgin identified in our application.

"For the edification of the uninformed  FHA bureaucrats,the title of the land prior to U.S. Ownership was obtained from France,which Had acquired it by right of conquest from Spain.

"The land came into possession of Spain by right of discovery made in the year 1492 by a Sea Captain name Christopher Columbus,

Who had been granted the privilege of seeking a new route to India by the then reigning monarch,Isabella. The good queen,being a 

Pious woman and careful about titles,almost as much as the FHA,took the precaution of securing the blessing of the Pope before she sold her jewels to fund The Columbus expedition .

Now the Pope,as I'm sure you know,is the emissary of Jesus Christ,The son of God. and God it is commonly accepted,created this world.

"Therefore,I believe it is safe to presume that he also made that part of the world called Louisiana.He therefore would be the owner of

Orgin.I hope to hell you find his original claim satisfactory. Now, may we have our loan?

They got the loan



Comments: 6
William Easter - Tue Apr 02, 2013 @ 04:21AM
Comments: 3

It has been 2 yrs. now since we posted information about the Claiborne Co. And Northern Union County Flood Maps.Fema still has not revised their Federal Flood Maps.Property owners in these areas that adjoin Norris Lake are still subject to Flood Insurance even though most of the properties are actually above the 100 yr. Flood Elevation.requardless of what the current maps show.Getting a Survey Elevation Certificate and submitting this to FEMA and your insurance Companies  can save property owners in these areas Thousands of dollars a year in insurance premiums.Hopefully when FEMA has received enough of theses forms,they will alter their Fllod Maps.m

 

 

Comments: 3
William Easter - Thu Oct 11, 2012 @ 05:37AM
Comments: 4

The border between TN. and Ga. has been a topic of discussion for over 200 yrs.Everytime we have a drought in the Southeast there are a few politicians in Georgia than brings up moving the state line where they can divert water from the Tennessee River to the City of Atlanta.

When TN. was created by congress in 1796 the southern boundary was set at the 35th parallel of latitude.which was where the Ga. statue calls for. But in 1818 the State of Ga. commissioned a Surveyor and a survey to monument the boundary between Ga. and Tennessee.Mr. James Camak led the Ga. team using among other tools a compass and an English sextant (which is better suited for sea captains rather than land Surveyors) when monumenting the boundary between the two states the surveyors actually marked a line 1.1 mile south of the 35th parallel. which was not to bad at the time .I know that sounds like a big mistake in todays world.But  if  you think it is easy to find your location on the planet with a compass and a sextant you need to try it sometime. You can not change boundaries that have been relied on by the general population for years just because you have newer and improved equipment.

The courts of the U.S. have long ruled in boundary cases that the monuments set by the orginal surveyors control over any written document.because that was the intent of the orginal survey.I guess the Ga. legislators need to take some continuing education classes.That their surveyors have to take every year because of the laws passed by these same legislators.

Comments: 4
William Easter - Sun Jun 03, 2012 @ 10:47AM
Comments: 4

If you own lake property in East Tennessee.Do not assume that you own all the way to the waters edge.In some cases where the property owner does own down to the water.TVA has flowage easements that restrict the building of Homes,fences,and disturbing the natural ground .If you happen to build over on these easements it is a painful and expensive process.$5000  check along with your application to TVA.just to get the process started.could get into 5 figures before you have any resolution.If you get a resolution.

Just finished a project where a new home is encroaching on to TVA about 20 ft,and the fill dirt about 40'.Probley will take 6-8 months before we hear anything from TVA. could get ugly.

Don't assume anything about property lines and rights adjoing TVA.Since they are a part of the federal goverment,no adverse possession can happen.

Comments: 4
William Easter - Wed Sep 14, 2011 @ 05:49AM
Comments: 13

A client of mine now has a cloud on their title because of the actions of an adjoining land owner.The adjoining owner has sold their property to a new owner that encroaches about 8 acres on to my clients property.Which creates a cloud on the title for both pieces of property.Now instead of a disagreement between two property owners we have several parties involved. The new owner,the title co.,the real estate agent,the mortgage co.Even though our survey and affidavits are recorded at the Anderson Co. TN. Register of deeds,the adjoinging owners and agents of these owners chose to ignore these documents and procede to sell the adjoining property by a invalid description.A warranty deed was signed by the owner of this property while knowing that there was a boundary problem.and now the new owner is subject to a law suit along with the title co,real estate agent,previous owner and the mortgage co and the other Land surveyor

We filed our survey and affidavits on public record and was never contacted by anyone about this problem.The Previous owner certainly knew about this,the realtor knew about it as well.The Title Co should have found these documents at the time of their title search,since both parties are paying the taxes on the disputed 8 acres.When and If this gets into the court system,the decision will affect several different parties and thousands of dollars.

Comments: 13
William Easter - Thu Feb 17, 2011 @ 04:55AM
Comments: 13

Tennessee is what is called a race state when it comes to land titles,What this means is that when 2 different property owners have a deed for the same property,it is a race to the courthouse,the first one that gets their deed recorded will be the legal owner of record .

Think you have a problem like this,then call Easter Surveying Company,serving the greater Knoxville Tennessee area for over 25 years

Tags: Race State
Comments: 13
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