survey - of land-?

[shell921]

My house is on a 2.2 acre lot-mostly unusable land-house - sits on top of a hill.

2 years ago new neighbor moved into house below-his property is adjacent. My sig other noticed him
and workers putting in a low wall on the side of his driveway…about a year ago—and my sig other thinks the wall
is partially on my property. I haven’t been down to look at it. His property is 4 acres. Now I am thinking I may want to sell my home
and move to something smaller. Should I have a survey done? If yes and survey shows his wall is partially on my land - what then?

[PNWpilot]

Would your neighbors be willing to share a survey of their land? Seems doubtful they would intentionally build something on your land.

If you still have doubts, buying your own survey would be the best solution.

If the wall is in fact on your land, the resolution would be simple. They would have to tear it down at their expense. (Assuming this is the U.S)

[Jimbo Moneybags]

If the wall is in fact on your land, the resolution would be simple. They would have to tear it down at their expense. (Assuming this is the U.S)

Not necessarily. A buyer can always purchase property subject to an encroachment. If the wall is on land that is not suitable for building or other similar purposes, the OP may just decide to do nothing and convey to the buyer the property subject to any encroachments. Alternatively, the OP could negotiate an easement with the neighbor for that portion of the land where the wall encroaches. The OP could also negotiate to sell that portion of the land to the neighbor. There are a number of options ranging from doing absolutely nothing to yes, insisting the encroachment be removed.

[PNWpilot]

If the wall is in fact on your land, the resolution would be simple. They would have to tear it down at their expense. (Assuming this is the U.S)

Not necessarily. A buyer can always purchase property subject to an encroachment. If the wall is on land that is not suitable for building or other similar purposes, the OP may just decide to do nothing and convey to the buyer the property subject to any encroachments. Alternatively, the OP could negotiate an easement with the neighbor for that portion of the land where the wall encroaches. The OP could also negotiate to sell that portion of the land to the neighbor. There are a number of options ranging from doing absolutely nothing to yes, insisting the encroachment be removed.

Thank you for the clarification!

[lthenderson]

Now I am thinking I may want to sell my home and move to something smaller. Should I have a survey done?

If I were planning on selling, I wouldn't. Ignorance is bliss and you are under no obligation to do so. Usually any surveys done in a real estate transaction on paid for by the buyer if required.

[Carefreeap]

Would your neighbors be willing to share a survey of their land? Seems doubtful they would intentionally build something on your land.

If you still have doubts, buying your own survey would be the best solution.

If the wall is in fact on your land, the resolution would be simple. They would have to tear it down at their expense. (Assuming this is the U.S)

People do stuff like this all the time. We had it happen about six years ago. We were out of town and our neighbor installed a fence, probably a foot onto our property. Found one pin and drew a straight line to the telephone pole, missing other pins along the way. Like shell's situation, the property is on a hillside and effectively unusable but I had a concern that future workers could do something stupid and we could wind up getting sued. I wrote up a little contract acknowledging the situation, had them name us as additional insured and a committment that they would relocate their fence at their expense if either of us got a survey. We've both owned our homes for over 20 years and there was no point in making an enemy of a neighbor. When we sell at some point I'll disclose the possible encroachment and the buyer can deal with it. I should note that I have a background in real estate with many years dealing with Railroad property and A LOT of encroachment issues.

Shell, I would do what PNW suggests and see if your neighbor got a survey when s/he bought the property. You can do what I did. Also talk to your future real estate agent and find out what s/he suggests.

Good luck!

[PNWpilot]

Now I am thinking I may want to sell my home and move to something smaller. Should I have a survey done?

If I were planning on selling, I wouldn't. Ignorance is bliss and you are under no obligation to do so. Usually any surveys done in a real estate transaction on paid for by the buyer if required.

Hence why every buyer needs to be cautious and skeptical when buying real estate. Assume the worst in everyone until proven otherwise.

[Carefreeap]

Now I am thinking I may want to sell my home and move to something smaller. Should I have a survey done?

If I were planning on selling, I wouldn't. Ignorance is bliss and you are under no obligation to do so. Usually any surveys done in a real estate transaction on paid for by the buyer if required.

Her property in in CA. While there's no obligation to do a survey she does have an obligation under the disclosure agreement to notifify the buyer of any encroachments. Usually the agent will add a clause recommending the buyer get his/her own survey.

[Carefreeap]

Now I am thinking I may want to sell my home and move to something smaller. Should I have a survey done?

If I were planning on selling, I wouldn't. Ignorance is bliss and you are under no obligation to do so. Usually any surveys done in a real estate transaction on paid for by the buyer if required.

Hence why every buyer needs to be cautious and skeptical when buying real estate. Assume the worst in everyone until proven otherwise.

Lol, that's kind of a sad way to look at life! I do agree that everyone needs to take time to do his/her homework. For sure there are bad actors but most folks are just kind of ignorant about a lot of real estate issues. I accept the fact that I look at real estate differently than a lot of other people. I've also had sellers do some sweet things like leave me a dining room set I coveted but thought was too expensive.

[adamthesmythe]

Now I am thinking I may want to sell my home and move to something smaller. Should I have a survey done?

If I were planning on selling, I wouldn't. Ignorance is bliss and you are under no obligation to do so. Usually any surveys done in a real estate transaction on paid for by the buyer if required.

Her property in in CA. While there's no obligation to do a survey she does have an obligation under the disclosure agreement to notifify the buyer of any encroachments. Usually the agent will add a clause recommending the buyer get his/her own survey.

Interesting question here- is there an obligation to notify about suspected encroachments, based on no real information, but a guess??

And yes, usually the buyer pays for the survey. And probably should, because it makes protections in the title policy stronger.

[Carefreeap]

Now I am thinking I may want to sell my home and move to something smaller. Should I have a survey done?

If I were planning on selling, I wouldn't. Ignorance is bliss and you are under no obligation to do so. Usually any surveys done in a real estate transaction on paid for by the buyer if required.

Her property in in CA. While there's no obligation to do a survey she does have an obligation under the disclosure agreement to notifify the buyer of any encroachments. Usually the agent will add a clause recommending the buyer get his/her own survey.

Interesting question here- is there an obligation to notify about suspected encroachments, based on no real information, but a guess??

And yes, usually the buyer pays for the survey. And probably should, because it makes protections in the title policy stronger.

I suppose that's a personal call. I'd rather over disclose than risk being sued.

[Jack FFR1846]

Are there requirements for the fence to be a set back distance from the boundary? In my town there is. My neighbor's house is an expanded lakeside cabin like many on my street, built before any such requirements. They were 6 feet from the property line and the set back is 10 feet. So if they wanted to change a kitchen cabinet, they had to get a town variance. If your town does have this kind of rule, you really should let the neighbor know that they need to take down the wall.

[PNWpilot]

Now I am thinking I may want to sell my home and move to something smaller. Should I have a survey done?

If I were planning on selling, I wouldn't. Ignorance is bliss and you are under no obligation to do so. Usually any surveys done in a real estate transaction on paid for by the buyer if required.

Hence why every buyer needs to be cautious and skeptical when buying real estate. Assume the worst in everyone until proven otherwise.

Lol, that's kind of a sad way to look at life! I do agree that everyone needs to take time to do his/her homework. For sure there are bad actors but most folks are just kind of ignorant about a lot of real estate issues. I accept the fact that I look at real estate differently than a lot of other people. I've also had sellers do some sweet things like leave me a dining room set I coveted but thought was too expensive.

I don't look at life the same way I do a real estate transaction. The "ignorance is bliss" mentality from a seller cost me $5k. The seller disclosed that they had made multiple upgrades and repairs to the home under their ownership. What they didn't disclose was that each of those "upgrades" and "repairs" came from insurance claims. The seller claimed they didn't know about the insurance claim because the property was a "hands-off rental." This turned into a very nasty, and litigious, fight.

So yes, always be skeptical and assume the worst in everyone until proven otherwise....with real estate.

[shell921]

Would your neighbors be willing to share a survey of their land? Seems doubtful they would intentionally build something on your land.

If you still have doubts, buying your own survey would be the best solution.

If the wall is in fact on your land, the resolution would be simple. They would have to tear it down at their expense. (Assuming this is the U.S)

People do stuff like this all the time. We had it happen about six years ago. We were out of town and our neighbor installed a fence, probably a foot onto our property. Found one pin and drew a straight line to the telephone pole, missing other pins along the way. Like shell's situation, the property is on a hillside and effectively unusable but I had a concern that future workers could do something stupid and we could wind up getting sued. I wrote up a little contract acknowledging the situation, had them name us as additional insured and a committment that they would relocate their fence at their expense if either of us got a survey. We've both owned our homes for over 20 years and there was no point in making an enemy of a neighbor. When we sell at some point I'll disclose the possible encroachment and the buyer can deal with it. I should note that I have a background in real estate with many years dealing with Railroad property and A LOT of encroachment issues.

Shell, I would do what PNW suggests and see if your neighbor got a survey when s/he bought the property. You can do what I did. Also talk to your future real estate agent and find out what s/he suggests.

Good luck!

Thanks to everyone who replied. Well when my sig other saw the new neighbor & his workers building wall a year ago he took a copy of my site plan that the architect drew for this custom home in 2008 and went down with it in his hand and said "This is a copy of shell's house plan and site plan". Neighbor replied "I have my own copy of my site plan". Not very friendly in our opinion. I was dealing with health issue then and other stresses and didn't have the strength to try and sort this out with him then and wasn't thinking seriously about moving either so I did not follow up. I did ask the woman who would get the listing for my home if I list it for sale and she said to get a survey done.

[Carefreeap]

Now I am thinking I may want to sell my home and move to something smaller. Should I have a survey done?

If I were planning on selling, I wouldn't. Ignorance is bliss and you are under no obligation to do so. Usually any surveys done in a real estate transaction on paid for by the buyer if required.

Hence why every buyer needs to be cautious and skeptical when buying real estate. Assume the worst in everyone until proven otherwise.

Lol, that's kind of a sad way to look at life! I do agree that everyone needs to take time to do his/her homework. For sure there are bad actors but most folks are just kind of ignorant about a lot of real estate issues. I accept the fact that I look at real estate differently than a lot of other people. I've also had sellers do some sweet things like leave me a dining room set I coveted but thought was too expensive.

I don't look at life the same way I do a real estate transaction. The "ignorance is bliss" mentality from a seller cost me $5k. The seller disclosed that they had made multiple upgrades and repairs to the home under their ownership. What they didn't disclose was that each of those "upgrades" and "repairs" came from insurance claims. The seller claimed they didn't know about the insurance claim because the property was a "hands-off rental." This turned into a very nasty, and litigious, fight.

So yes, always be skeptical and assume the worst in everyone until proven otherwise....with real estate.

That's too bad. How long ago was this? Did you have issues insuring the house? One thing I would do in the future is ask for a CLUE report which shows insurance claims made at an address.

CA's real estate disclosures are pretty comprehensive. The last property I sold had nearly 100 pages of contracts and disclosures! That doesn't mean someone won't lie. I'm waiting for the fall-out from this last sales frenzy whereby sellers could demand that inspections be waived. I expect that's going to get ugly.

[Carefreeap]

Would your neighbors be willing to share a survey of their land? Seems doubtful they would intentionally build something on your land.

If you still have doubts, buying your own survey would be the best solution.

If the wall is in fact on your land, the resolution would be simple. They would have to tear it down at their expense. (Assuming this is the U.S)

People do stuff like this all the time. We had it happen about six years ago. We were out of town and our neighbor installed a fence, probably a foot onto our property. Found one pin and drew a straight line to the telephone pole, missing other pins along the way. Like shell's situation, the property is on a hillside and effectively unusable but I had a concern that future workers could do something stupid and we could wind up getting sued. I wrote up a little contract acknowledging the situation, had them name us as additional insured and a committment that they would relocate their fence at their expense if either of us got a survey. We've both owned our homes for over 20 years and there was no point in making an enemy of a neighbor. When we sell at some point I'll disclose the possible encroachment and the buyer can deal with it. I should note that I have a background in real estate with many years dealing with Railroad property and A LOT of encroachment issues.

Shell, I would do what PNW suggests and see if your neighbor got a survey when s/he bought the property. You can do what I did. Also talk to your future real estate agent and find out what s/he suggests.

Good luck!

Thanks to everyone who replied. Well when my sig other saw the new neighbor & his workers building wall a year ago he took a copy of my site plan that the architect drew for this custom home in 2008 and went down with it in his hand and said "This is a copy of shell's house plan and site plan". Neighbor replied "I have my own copy of my site plan". Not very friendly in our opinion. I was dealing with health issue then and other stresses and didn't have the strength to try and sort this out with him then and wasn't thinking seriously about moving either so I did not follow up. I did ask the woman who would get the listing for my home if I list it for sale and she said to get a survey done.

Shell, you might try contacting the neighbor again yourself. I know that if my husband had approached the neighbor by himself it would have not gone well. That said, there are jerk neighbors and there's not a lot you can do about them. We had one at our Oceanside rental. The WHOLE neighborhood knew about him. The City sued him over all kinds of illegal structures so when I filed a complaint with code enforcement they made sure to dot every i and cross every t.

Whether you choose to do the survey or simply disclose will be a function of how hot your micro market is at the time of listing. Surveys for a property like yours will run a few thousand dollars.

Good luck!

[WhyNotUs]

Now I am thinking I may want to sell my home
and move to something smaller. Should I have a survey done?
It is likely that the buyer will require a survey. You can do it now and see if there is a problem or not and use that survey in your transaction or wait until under contract and see whether the buyer asks for one. Given the potential, I would personally hire the surveyor now and know what the situation is.
If yes and survey shows his wall is partially on my land - what then?
Range of choices, you would need to discuss with your neighbor. Options that come to mind are lot line adjustment (in essence sell or give them them the property, need to check your zoning before reducing your lot size), easement that gives them the right to the use under agreeable terms, letter from neighbor that indicates their awareness of the issue and that you allowing it to continue is discretionary and can be revoked at any time, or disclose to buyer with bo resolution.

[Doom&Gloom]

Would your neighbors be willing to share a survey of their land? Seems doubtful they would intentionally build something on your land.

If you still have doubts, buying your own survey would be the best solution.

If the wall is in fact on your land, the resolution would be simple. They would have to tear it down at their expense. (Assuming this is the U.S)

People do stuff like this all the time. We had it happen about six years ago. We were out of town and our neighbor installed a fence, probably a foot onto our property. Found one pin and drew a straight line to the telephone pole, missing other pins along the way. Like shell's situation, the property is on a hillside and effectively unusable but I had a concern that future workers could do something stupid and we could wind up getting sued. I wrote up a little contract acknowledging the situation, had them name us as additional insured and a committment that they would relocate their fence at their expense if either of us got a survey. We've both owned our homes for over 20 years and there was no point in making an enemy of a neighbor. When we sell at some point I'll disclose the possible encroachment and the buyer can deal with it. I should note that I have a background in real estate with many years dealing with Railroad property and A LOT of encroachment issues.

Shell, I would do what PNW suggests and see if your neighbor got a survey when s/he bought the property. You can do what I did. Also talk to your future real estate agent and find out what s/he suggests.

Good luck!

Thanks to everyone who replied. Well when my sig other saw the new neighbor & his workers building wall a year ago he took a copy of my site plan that the architect drew for this custom home in 2008 and went down with it in his hand and said "This is a copy of shell's house plan and site plan". Neighbor replied "I have my own copy of my site plan". Not very friendly in our opinion. I was dealing with health issue then and other stresses and didn't have the strength to try and sort this out with him then and wasn't thinking seriously about moving either so I did not follow up. I did ask the woman who would get the listing for my home if I list it for sale and she said to get a survey done.

Given that info, I'd be sorely tempted to pay for my own survey just hoping for the opportunity to trot it down there and break the bad news to the neighbor personally.

[MichRoots]

Perhaps you can just have a surveyor place stakes on the one side of your property near the neighbors wall. If you are looking to pay the minimum. Although a full survey would be nice to buyers of your property. I will add that it's just a wall and not a building, so not as huge a deal. If it's on your property, offer to sell 5 or 10 feet strip to the neighbor, have the neighbor out with the surveyor to see that all agree where the new property line will be segmented. If the neighbor doesn't want to pay for the new legal description being recorded etc, tell them they should have gotten a survey before building a wall on your property.

[windaar]

I had a survey done when we bought our house; the $600 was well worth it showing that we owned more of the forest and the back lawn than seemed to be the case from mowings etc. They didn't just find pins and hubs, anyone can do that, they shot from monuments on the surrounding main roads and zeroed in. They then set iron hubs to make finding the lines (metal detector) easier. Just this spring a neighbor to the north wanted to put in a fence and the boundaries were quickly made clear.

[shell921]

Perhaps you can just have a surveyor place stakes on the one side of your property near the neighbors wall. If you are looking to pay the minimum. Although a full survey would be nice to buyers of your property. I will add that it's just a wall and not a building, so not as huge a deal. If it's on your property, offer to sell 5 or 10 feet strip to the neighbor, have the neighbor out with the surveyor to see that all agree where the new property line will be segmented. If the neighbor doesn't want to pay for the new legal description being recorded etc, tell them they should have gotten a survey before building a wall on your property.

That's what I want to know too - can I just have ONE side of my property surveyed? The bottom boundary is a drainage ditch maintained by the city and on the other side there is a fence that the neighbor on that side installed and it is on the property line.I guess I can call around and ask a few surveying businesses......

I don’t want to spend $3k or $4k on a full survey........

[lthenderson]

Perhaps you can just have a surveyor place stakes on the one side of your property near the neighbors wall. If you are looking to pay the minimum. Although a full survey would be nice to buyers of your property. I will add that it's just a wall and not a building, so not as huge a deal. If it's on your property, offer to sell 5 or 10 feet strip to the neighbor, have the neighbor out with the surveyor to see that all agree where the new property line will be segmented. If the neighbor doesn't want to pay for the new legal description being recorded etc, tell them they should have gotten a survey before building a wall on your property.

That's what I want to know too - can I just have ONE side of my property surveyed? The bottom boundary is a drainage ditch maintained by the city and on the other side there is a fence that the neighbor on that side installed and it is on the property line.I guess I can call around and ask a few surveying businesses......

I don’t want to spend $3k or $4k on a full survey........

In my experience, the bulk of the work and expense, especially for urban properties, is just getting from the deeded reference to one on your property. Actually putting stakes in the corners or along a side is a very minor part and probably won't get you much of a discount.

[pshonore]

A few months ago, one of neighbors a few houses down decided to put in a fence so she called a PE/Surveyor who drew the original plot plans more than 40 years ago. The lots were originally all pinned but most have disappeared particularly near the road. He was looking for a monument (small concrete posts which denotes the beginning and end points of a curve in the road.) He was off by about 15 feet. Fortunately I knew where it was in my front lawn and showed him but he probably would have found it on his own sooner or later.

Another neighbor decided to build a shed. He thought his property lines were perpendicular to the street when actually they were about 15 degrees off and a portion of the shed was on his neighbor's property. All the neighbors have at least a 1 acre lot so no one noticed until a survey was done upon sale about 30 years after the fact. The surveyor just redrew the property lines to "include" all of the shed and "exclude" a similar sized parcel closer to the front property line and recorded all of it on the land records. Stuff happens.

[Carefreeap]

A few months ago, one of neighbors a few houses down decided to put in a fence so she called a PE/Surveyor who drew the original plot plans more than 40 years ago. The lots were originally all pinned but most have disappeared particularly near the road. He was looking for a monument (small concrete posts which denotes the beginning and end points of a curve in the road.) He was off by about 15 feet. Fortunately I knew where it was in my front lawn and showed him but he probably would have found it on his own sooner or later.

Another neighbor decided to build a shed. He thought his property lines were perpendicular to the street when actually they were about 15 degrees off and a portion of the shed was on his neighbor's property. All the neighbors have at least a 1 acre lot so no one noticed until a survey was done upon sale about 30 years after the fact. The surveyor just redrew the property lines to "include" all of the shed and "exclude" a similar sized parcel closer to the front property line and recorded all of it on the land records. Stuff happens.

Hmmm, there should have been more work than just "redrawing the property lines". Different jurisdictions may call it different names but essentially one needs to do a "lot line adjustment" a formal process that's filed with the local jurisdiction.

[PNWpilot]

If I were planning on selling, I wouldn't. Ignorance is bliss and you are under no obligation to do so. Usually any surveys done in a real estate transaction on paid for by the buyer if required.

Hence why every buyer needs to be cautious and skeptical when buying real estate. Assume the worst in everyone until proven otherwise.

Lol, that's kind of a sad way to look at life! I do agree that everyone needs to take time to do his/her homework. For sure there are bad actors but most folks are just kind of ignorant about a lot of real estate issues. I accept the fact that I look at real estate differently than a lot of other people. I've also had sellers do some sweet things like leave me a dining room set I coveted but thought was too expensive.

I don't look at life the same way I do a real estate transaction. The "ignorance is bliss" mentality from a seller cost me $5k. The seller disclosed that they had made multiple upgrades and repairs to the home under their ownership. What they didn't disclose was that each of those "upgrades" and "repairs" came from insurance claims. The seller claimed they didn't know about the insurance claim because the property was a "hands-off rental." This turned into a very nasty, and litigious, fight.

So yes, always be skeptical and assume the worst in everyone until proven otherwise....with real estate.

That's too bad. How long ago was this? Did you have issues insuring the house? One thing I would do in the future is ask for a CLUE report which shows insurance claims made at an address.

CA's real estate disclosures are pretty comprehensive. The last property I sold had nearly 100 pages of contracts and disclosures! That doesn't mean someone won't lie. I'm waiting for the fall-out from this last sales frenzy whereby sellers could demand that inspections be waived. I expect that's going to get ugly.

This was 3 months ago.

I live in a state that has less disclosure responsibilities.

The house had been dropped by insurers and was deemed "uninsurable" based on claim history. Mortgage lender refused to close the loan without insurance in place. A few underwriters were willing to consider insuring with increased premiums, pending review of photos and documents of past repairs. The seller was contacted to provide photos and receipts for the work. Seller provided photos but didn't have receipts......yeah, it was bad. Every underwriter of course declined to insure once the seller couldn't produce receipts.


We retained a lawyer to get our money back because it was clear that critical information had been withheld on the disclosure. Once the lawyer found out it had been a rental, he declined to take the case. He said the states disclosure laws were very lenient to rental owners. He refunded a portion of our retainer and told us to cut our losses.

[toddthebod]

I would start with finding the lot drawing on the official map and figuring out what the nearest reference point is. You may be able to start with a tape measure to see if it's close enough to bother with the survey.

[shell921]

I would start with finding the lot drawing on the official map and figuring out what the nearest reference point is. You may be able to start with a tape measure to see if it's close enough to bother with the survey.

I have the site plan the architect gave us back in 2008 when house was being built. I assume he got it from the city of San Diego. Where can I get the "official map" ? From the city?

[bombcar]

I would start with finding the lot drawing on the official map and figuring out what the nearest reference point is. You may be able to start with a tape measure to see if it's close enough to bother with the survey.

I have the site plan the architect gave us back in 2008 when house was being built. I assume he got it from the city of San Diego. Where can I get the "official map" ? From the city?

Your deed or whatever should have a "legal description" on it - that is what a surveyor would use to find the actual lot lines.

The main reason to do something "officially" soonish is that if you do nothing, and the fence IS on your land, the land may end up the neighbors by adverse possession.

In the case that happens, file for an updated legal description and save a pittance on your taxes.

[toddthebod]

I would start with finding the lot drawing on the official map and figuring out what the nearest reference point is. You may be able to start with a tape measure to see if it's close enough to bother with the survey.

I have the site plan the architect gave us back in 2008 when house was being built. I assume he got it from the city of San Diego. Where can I get the "official map" ? From the city?

The county should have those records. Also, I got a copy when I bought my current house as part of the title search, but maybe with new construction they don't do that.

You want a parcel map:
https://www.sdarcc.gov/content/arcc/hom ... cords.html

[shell921]

I would start with finding the lot drawing on the official map and figuring out what the nearest reference point is. You may be able to start with a tape measure to see if it's close enough to bother with the survey.

I have the site plan the architect gave us back in 2008 when house was being built. I assume he got it from the city of San Diego. Where can I get the "official map" ? From the city?

The county should have those records. Also, I got a copy when I bought my current house as part of the title search, but maybe with new construction they don't do that.

You want a parcel map:
https://www.sdarcc.gov/content/arcc/hom ... cords.html

thanks --but I I tried using that site and got a screen that showed a list of 2 documents-5 pages each-that I can purchase. One says it's ays it's a deed of trust.

Would the "parcel map" be in those pages? I have to buy them from the county.

[pshonore]

I would start with finding the lot drawing on the official map and figuring out what the nearest reference point is. You may be able to start with a tape measure to see if it's close enough to bother with the survey.

I have the site plan the architect gave us back in 2008 when house was being built. I assume he got it from the city of San Diego. Where can I get the "official map" ? From the city?

The county should have those records. Also, I got a copy when I bought my current house as part of the title search, but maybe with new construction they don't do that.

You want a parcel map:
https://www.sdarcc.gov/content/arcc/hom ... cords.html

thanks --but I I tried using that site and got a screen that showed a list of 2 documents-5 pages each-that I can purchase. One says it's ays it's a deed of trust.

Would the "parcel map" be in those pages? I have to buy them from the county.

Does your govt agency offer GIS (Geographic Information System) maps? In CT most of the 169 towns offer these online. They show everything about a given location, including property lines, measurements, contours, wetlands, etc. However if you're trying to determine your "borders" you still need a physical starting point like an iron pin, a monument, etc.

Here's a link to GIS for Glastonbury CT https://www.glastonburyct.gov/i-want-to ... perty-info

[toddthebod]

I would start with finding the lot drawing on the official map and figuring out what the nearest reference point is. You may be able to start with a tape measure to see if it's close enough to bother with the survey.

I have the site plan the architect gave us back in 2008 when house was being built. I assume he got it from the city of San Diego. Where can I get the "official map" ? From the city?

The county should have those records. Also, I got a copy when I bought my current house as part of the title search, but maybe with new construction they don't do that.

You want a parcel map:
https://www.sdarcc.gov/content/arcc/hom ... cords.html

thanks --but I I tried using that site and got a screen that showed a list of 2 documents-5 pages each-that I can purchase. One says it's ays it's a deed of trust.

Would the "parcel map" be in those pages? I have to buy them from the county.

You should go into the county office.

[Carefreeap]

I would start with finding the lot drawing on the official map and figuring out what the nearest reference point is. You may be able to start with a tape measure to see if it's close enough to bother with the survey.

I have the site plan the architect gave us back in 2008 when house was being built. I assume he got it from the city of San Diego. Where can I get the "official map" ? From the city?

The county should have those records. Also, I got a copy when I bought my current house as part of the title search, but maybe with new construction they don't do that.

You want a parcel map:
https://www.sdarcc.gov/content/arcc/hom ... cords.html

thanks --but I I tried using that site and got a screen that showed a list of 2 documents-5 pages each-that I can purchase. One says it's ays it's a deed of trust.

Would the "parcel map" be in those pages? I have to buy them from the county.

The site plan will work and it's probably bigger than what you'll get from the County.

The Deed of Trust won't have the parcel map (that the security for the loan) but the Grant Deed from the seller to you and your deceased husband will. And I bet you already have that document in a file somewhere with the purchase of the property. But yeah, you can always buy it from the county or make a trip to the county assessor's office if you can't find it.

As someone wrote up thread, San Diego probably has County GIS records you can access on-line both for your property and your neighbor's properties. Since your property is "newer" you can probably take some bearing from a monument in the street and get some rough estimates.

Good luck!

[Carefreeap]

I would start with finding the lot drawing on the official map and figuring out what the nearest reference point is. You may be able to start with a tape measure to see if it's close enough to bother with the survey.

I have the site plan the architect gave us back in 2008 when house was being built. I assume he got it from the city of San Diego. Where can I get the "official map" ? From the city?

Your deed or whatever should have a "legal description" on it - that is what a surveyor would use to find the actual lot lines.

The main reason to do something "officially" soonish is that if you do nothing, and the fence IS on your land, the land may end up the neighbors by adverse possession.

In the case that happens, file for an updated legal description and save a pittance on your taxes.

Not in CA. One of the conditions is that the neighbor has to pay the property taxes on the "claim" for a period of several years.

The other thing people will try to claim is a "perscriptive easement" but that has to be for the public, not one person.

Working for a railroad with extensive property holdings in CA had me fielding these issues every couple of months.

[shell921]

Thanks everyone. I really do not "use" the small amount of land he has encroached on...I would just like to give it to him or perhaps give him a
'conditional easement' . If I were ready to list my home for sale today, I would want to do the quickest thing so escrow would not be held up.

So do title companies help you with easements? I remember years ago a different neighbor built his driveway partially on our land! This was before we had built the house that burned [ in 2007 ]. We had no clue but his escrow discovered this and we consulted a lawyer who said we had 4 options:
1. give him an easement
2. sell him an easement
3. charge an annual fee - with options of increasing or waiving the fee
4. tell him to move his driveway.

We wanted to be nice so we gave him an unconditional easement which goes with the sale of home to each new owner. I don't remember how we did all this and my husband who would remember is deceased 9 years now.

[WhyNotUs]

A survey is the starting point. The original plat will not solve your dilemma since that was from when your lot was created and the neighbros wall would not have been there.

You need not do a topo survey of your entire site, you could hire a surveyor to do an Improvement Location Certificate here in Colorado. Even if it goes by another name in CA, your surveyor will know what it is. It displays property boundary and improvements. Most people and/or lenders will want one before closing.

In your example below, the neighbor discovered that driveway encroachment when they did a survey. One easement giving easements is often the wise course is that zoning has minimum lot sizes, maximum lot coverages, minimum pervious surface, etc. and when you give away or sell land you need to study those before making an agreement. An easement is still your property so your lot size is unchanged.

Thanks everyone. I really do not "use" the small amount of land he has encroached on...I would just like to give it to him or perhaps give him a
'conditional easement' . If I were ready to list my home for sale today, I would want to do the quickest thing so escrow would not be held up.

So do title companies help you with easements? I remember years ago a different neighbor built his driveway partially on our land! This was before we had built the house that burned [ in 2007 ]. We had no clue but his escrow discovered this and we consulted a lawyer who said we had 4 options:
1. give him an easement
2. sell him an easement
3. charge an annual fee - with options of increasing or waiving the fee
4. tell him to move his driveway.

We wanted to be nice so we gave him an unconditional easement which goes with the sale of home to each new owner. I don't remember how we did all this and my husband who would remember is deceased 9 years now.

[HomeStretch]

Perhaps the work on your neighbor’s property required a survey as part of a permit process. If so, you may find your shared property line on his survey filed with your town. These records should be available to you via a visit to your town’s building department or town website. You might be able to eyeball from there whether or not any serious encroachment has occurred.

This seems to bother you and your wife. So consider getting a full survey so you know exactly where your property lines are located. Be there while the surveyor is there to specifically ask them to scope the wall line to tell you whether it encroaches. You can have the surveyor put extra property line stakes along the wall line if there’s an issue to facilitate your discussion with your neighbor, if needed.

[toddthebod]

A survey is the starting point. The original plat will not solve your dilemma since that was from when your lot was created and the neighbros wall would not have been there.

The reason for suggesting looking at the original subdivision map is that with a tape measure she can tell approximately where her lot lines are and whether it's even worth calling a surveyor who will charge her several hundred dollars at a minimum.

OP, you can find low-res lot maps on https://srs.sandiegocounty.gov/

Let me know if you are having trouble figuring it out. You want to click "external links" after finding your property.

[shell921]

A survey is the starting point. The original plat will not solve your dilemma since that was from when your lot was created and the neighbros wall would not have been there.

The reason for suggesting looking at the original subdivision map is that with a tape measure she can tell approximately where her lot lines are and whether it's even worth calling a surveyor who will charge her several hundred dollars at a minimum.

OP, you can find low-res lot maps on https://srs.sandiegocounty.gov/

Let me know if you are having trouble figuring it out. You want to click "external links" after finding your property.

Thank-you ! This is great! I will check it out and let you know if I need help. Appreciate your offer to help me. I did pay $2.25 to order a document from the San Diego County assessor's website. I should have it this week or next. It's being mailed to me.

[Watty]

A couple of complications to watch out for.

1) If you have a mortgage then you cannot just sell or give a strip of land to a neighbor without the mortgage companies approval, and they have no reason to give you that approval. The same is true of an easement since it encumbers the value of the property which secures the mortgage.

2) There can be lot size minimums for things like septic systems permits and getting permits for rebuilding. If you sell a sliver of land to a neighbor that can make your lot too small for getting permits. I heard of a situation where someone bought something like 4.8 acres to build their retirement home on but when they were ready to build 10 to 20 years later there was a 5 acre minimum lot size.

[alpenglow]

That's what I want to know too - can I just have ONE side of my property surveyed?

I did this once for a couple hundred bucks. We were looking to remove some invasive trees and the neighbor was claiming they were his. The surveyor staked out the line in question and then it was goodbye Ailanthus trees.

[shell921]

That's what I want to know too - can I just have ONE side of my property surveyed?

I did this once for a couple hundred bucks. We were looking to remove some invasive trees and the neighbor was claiming they were his. The surveyor staked out the line in question and then it was goodbye Ailanthus trees.

Oh thank you. This is good to know.

[shell921]

A couple of complications to watch out for.

1) If you have a mortgage then you cannot just sell or give a strip of land to a neighbor without the mortgage companies approval, and they have no reason to give you that approval. The same is true of an easement since it encumbers the value of the property which secures the mortgage.

2) There can be lot size minimums for things like septic systems permits and getting permits for rebuilding. If you sell a sliver of land to a neighbor that can make your lot too small for getting permits. I heard of a situation where someone bought something like 4.8 acres to build their retirement home on but when they were ready to build 10 to 20 years later there was a 5 acre minimum lot size.

I have no mortgage.

The neighbor has 4 acres and I have 2.2. The land is not sub dividable. The former owner tried to sell off some of the 4 acres decades ago and the city would not allow it. My lot and his and 2 others above and below were righting midst of a housing tract that the builder could not put their tract homes on so they sold these 4 lots back in 1983.

As I said above, back in 1984, we gave an easement to original owner/builder of that neighbor’s home when it was discovered
that he had put his driveway partially on our land. We wanted to be nice so we gave him an unconditional easement which goes with the sale of thehome to each new owner. I don't remember how we did all this and my husband who would remember is deceased 9 years now.WHERE are easements recorded?
Who would have handled this easement ? My late husband handled all the details of this. Even If knew what they were back then I have forgotten.

[HomeStretch]

… WHERE are easements recorded?
Who would have handled this easement ? My late husband handled all the details of this. Even If knew what they were back then I have forgotten.

The easement granted to a neighbor appears in our current written deed which is also available for review/copying at our town’s building dept. Perhaps yours is too.

[Carefreeap]

A couple of complications to watch out for.

1) If you have a mortgage then you cannot just sell or give a strip of land to a neighbor without the mortgage companies approval, and they have no reason to give you that approval. The same is true of an easement since it encumbers the value of the property which secures the mortgage.

2) There can be lot size minimums for things like septic systems permits and getting permits for rebuilding. If you sell a sliver of land to a neighbor that can make your lot too small for getting permits. I heard of a situation where someone bought something like 4.8 acres to build their retirement home on but when they were ready to build 10 to 20 years later there was a 5 acre minimum lot size.

I have no mortgage.

The neighbor has 4 acres and I have 2.2. The land is not sub dividable. The former owner tried to sell off some of the 4 acres decades ago and the city would not allow it. My lot and his and 2 others above and below were righting midst of a housing tract that the builder could not put their tract homes on so they sold these 4 lots back in 1983.

As I said above, back in 1984, we gave an easement to original owner/builder of that neighbor’s home when it was discovered
that he had put his driveway partially on our land. We wanted to be nice so we gave him an unconditional easement which goes with the sale of thehome to each new owner. I don't remember how we did all this and my husband who would remember is deceased 9 years now.WHERE are easements recorded?
Who would have handled this easement ? My late husband handled all the details of this. Even If knew what they were back then I have forgotten.

Shell, Do you have a copy of this first easement? Typically a civil engineer writes the Property Description aka the legal description. His/her stamp will probably be on the paperwork. I'd start there.

[shell921]

A couple of complications to watch out for.

1) If you have a mortgage then you cannot just sell or give a strip of land to a neighbor without the mortgage companies approval, and they have no reason to give you that approval. The same is true of an easement since it encumbers the value of the property which secures the mortgage.

2) There can be lot size minimums for things like septic systems permits and getting permits for rebuilding. If you sell a sliver of land to a neighbor that can make your lot too small for getting permits. I heard of a situation where someone bought something like 4.8 acres to build their retirement home on but when they were ready to build 10 to 20 years later there was a 5 acre minimum lot size.

I have no mortgage.

The neighbor has 4 acres and I have 2.2. The land is not sub dividable. The former owner tried to sell off some of the 4 acres decades ago and the city would not allow it. My lot and his and 2 others above and below were righting midst of a housing tract that the builder could not put their tract homes on so they sold these 4 lots back in 1983.

As I said above, back in 1984, we gave an easement to original owner/builder of that neighbor’s home when it was discovered
that he had put his driveway partially on our land. We wanted to be nice so we gave him an unconditional easement which goes with the sale of thehome to each new owner. I don't remember how we did all this and my husband who would remember is deceased 9 years now.WHERE are easements recorded?
Who would have handled this easement ? My late husband handled all the details of this. Even If knew what they were back then I have forgotten.

Shell, Do you have a copy of this first easement? Typically a civil engineer writes the Property Description aka the legal description. His/her stamp will probably be on the paperwork. I'd start there.

No I don't have a copy of that easement that we granted back in 1983 because the house we built in 1984 burned in the San Diego firestorm of 2007 - along with all contents! My husband and I had good insurance and rebuilt in same location. He died 5 years later in 2014. He took care of all the paperwork, taxes, investments, bills etc. So he's not here to help me with this.

[shell921]

I asked a woman -friend of a friend - who works for a title company about this --telling her some of the responses I got here - and she said this:
.............

The person who said there is no obligation to do a survey is the wisest advice. The real estate contract form TSD is where you disclose things about the property. It is up to the buyer to then do what they want. You would generally put a statement about fences, gates and walls not having been surveyed. Your Realtor could advise you how to word it.

You can research the California real estate form TSD. There is alot of good advice in what to disclose. I was told that you even disclose things like “there are coyotes in the area”. We live in such a litigious world that you want to be covered if you sell.

Surveys are expensive. I would only get a survey if the wall is blocking the use of your property and you want to have them remove it. They are useful to Attorney’s and Judges in boundary line disputes. If their wall does encroach, a survey would put it in the official records and it would have to be addressed. Title insurers put anything that is of record on a preliminary title report so it would have to be addressed in a sale. Lenders don’t like to see encroachment in title and most won’t lend if title work shows an encroachment.
...................
THANKS everyone !

[Carefreeap]

A couple of complications to watch out for.

1) If you have a mortgage then you cannot just sell or give a strip of land to a neighbor without the mortgage companies approval, and they have no reason to give you that approval. The same is true of an easement since it encumbers the value of the property which secures the mortgage.

2) There can be lot size minimums for things like septic systems permits and getting permits for rebuilding. If you sell a sliver of land to a neighbor that can make your lot too small for getting permits. I heard of a situation where someone bought something like 4.8 acres to build their retirement home on but when they were ready to build 10 to 20 years later there was a 5 acre minimum lot size.

I have no mortgage.

The neighbor has 4 acres and I have 2.2. The land is not sub dividable. The former owner tried to sell off some of the 4 acres decades ago and the city would not allow it. My lot and his and 2 others above and below were righting midst of a housing tract that the builder could not put their tract homes on so they sold these 4 lots back in 1983.

As I said above, back in 1984, we gave an easement to original owner/builder of that neighbor’s home when it was discovered
that he had put his driveway partially on our land. We wanted to be nice so we gave him an unconditional easement which goes with the sale of thehome to each new owner. I don't remember how we did all this and my husband who would remember is deceased 9 years now.WHERE are easements recorded?
Who would have handled this easement ? My late husband handled all the details of this. Even If knew what they were back then I have forgotten.

Shell, Do you have a copy of this first easement? Typically a civil engineer writes the Property Description aka the legal description. His/her stamp will probably be on the paperwork. I'd start there.

No I don't have a copy of that easement that we granted back in 1983 because the house we built in 1984 burned in the San Diego firestorm of 2007 - along with all contents! My husband and I had good insurance and rebuilt in same location. He died 5 years later in 2014. He took care of all the paperwork, taxes, investments, bills etc. So he's not here to help me with this.

Ask for a copy of the preliminary title report from your friend at the title company. It will show all recorded easements including this one. She can pull a copy of the recorded easement.