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Boundary Problem |
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Dear Edith: I found out in your column it's illegal to remove a
property stake but don't recall reading about a case where a stake is
moved, as appears to have happened to us. I realize our problem will require legal attention at some point, but I hope you can give me insight.
When our lakefront property was reassessed, we learned of a discrepancy
in the property line, affecting 60 feet of frontage, or $72,000 of
assessment. We paid for a survey. The surveyor said such discrepancies are not
uncommon in vacant land that has not changed hands for many years. He
told us a legal confrontation with the neighbor would be extremely
expensive, that we'd be smarter to resolve it ourselves.
We thought of offering to split the disputed area, but the neighbor has
a drainage ditch and pipe on "our" side. Since we are paying the taxes,
he has no incentive to resolve the issue.
Our research shows the dispute dates back to 1860. We've appealed
the assessment and are waiting for a reply, but not optimistic it will
be removed from our tax bill.
Can you tell me how such issues can be settled? |
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My own lawyer has told me just what that surveyor said, that boundary disputes are difficult to settle and it’s best to try reaching some accomodation with the neighbor. It sounds as if you don’t have much hope of that, though.Trying to stop paying taxes on that land sounds to me as if you’re ready to give up any claim to it. Considering that your tax assessor values the lake frontage at $200 a front foot (and the open market might value it much higher) I’d say consultation with a lawyer is definitely indicated. |
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Edith
Originally published on June 18, 2005 |
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