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The Switch Part VI

posted 11/18/2011 7:25:37 AM |
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This one involves one of the most convoluted, improbable, peculiar dilemmas I have ever encountered. When I explained the property lines here in a previous post, it was kind of, sort of true, but I intentionally omitted something. What I declined to previously explain arose in September resulting in the Hatfields and McCoys fighting World War I in the heartland, complete with barbed wire along the battle front.

About seven years ago my son-in-law’s father sold an acre and a half of land on the gravel road bordering on the south of what is now my daughter and son-in-law’s property. Almost all of this property is not buildable and is in the flood plain from a creek.

This transaction involved good ole country boys doing it the good ole country way, pacing it off as opposed to getting it professionally surveyed. Well, they got wrong and missed the dimensions of what was supposed to be transacted by 75 feet to the north. That 75 feet encompasses the only part of the property that can be built on.

Four years ago my daughter and son-in-law were given about four acres property to the north of the property described above. They built a home on it that included having to run the utilities. About two years ago before filing bankruptcy, the man that owned the acre and half sold it to another guy through a realtor. Again, no survey was done and everybody was oblivious to the reality of who owned what.

These new owners proceeded to build a 700 square foot house on it and have all of the utilities put in. The intent was to have a weekend retreat and land for hunting. Now, I need to say that the value of the acre and a half or property including the house is only about $15,000.00

A few months ago they decided that they wanted to expand what they owned to encompass more wooded area to the west to hunt in and make my son-in-law’s father an offer. They brought in a surveyor and the critical mistake was discovered. The house had been built on my daughter and son-in-law’s property.

Nobody disputed that there was a boo boo made and that these new owners thought they were buying the land the house rests on. Where the problem lies is in who is going to pay to correct the mistake compounded by my daughter and son-in-law’s mortgage company being unwilling to simply cede the disputed piece of property without compensation. Nobody is willing to pay to rectify the problem. The result is an obvious cluster fuck.

The new owner and my son-in-law are both type A personalities, O/C with anger management issues. There was nothing close to a diplomatic meeting of the minds on how to resolve the dilemma but rather rigid intractable stances by both men that were unreasonable, much less accommodating. This rapidly led to an escalation by both men bringing in mercenaries, that neither can afford, also known as lawyers. That puts more skin in the game and produced heavy saber rattling.

Jerry Jones, the owner of the Dallas Cowboys, has a saying that I like, “Don’t let your money get mad.” I tried to explain this concept and the rationale of it to my son-in-law to no avail. Basically as I understand it, either party can do almost anything that they want on that land as long as it doesn’t extend to anybody’s personal property. It is almost as if both people are co-owners under the status quo. If an action takes place, it requires intervention by the court to mandate otherwise.

Following a letter from his attorney for the people to vacate the premises in 15 days (which was ignored), my son-in-law decided to go cowboy. He asked his attorney if he was entitled to put a fence up on his property. His attorney advised him that, yes, technically he could. I have no idea if his attorney explained to him that what he could do and should do are two different things due to cause and effect consequences of provocative actions. So last Tuesday and Wednesday, he proceeded to put a barbed wire fence on the property that included surrounding the house and cutting off the driveway with several no trespassing signs. Lovely, the Berlin Wall or is it the Cuban Missile Crisis. That is really going to facilitate peaceful accommodating resolution.

Well, Wednesday evening after the guy got off from work he came by to check on things and hit the ceiling to say the least. I took Ashton into my room (which is away from the battle zone) to play some farkle on the computer so he didn’t have to hear or otherwise be exposed to what transpired. Fortunately, after a few words were exchanged that were not suitable for polite conversation, both men drew their weapons (cell phones) and called their attorneys. I was expecting the sheriff to show up and one or both go to jail. The result was that my son-in-law removed the barbed wire blocking the driveway as per his attorney’s advice but everything else remains as of this writing.

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Nov 18 @ 8:17AM  
See and you thought there was no excitememnt in the country!

Nov 18 @ 8:54AM  
I am not enjoying the remake of Little House on the Prairie anymore than I did the original.

Nov 18 @ 9:03AM  
Ain't life in the country grand???

Nov 18 @ 9:05AM  
Good news is that both Oaland and the Niners are nearly back up to form
in the Western Divisions

Nov 18 @ 10:07AM  
Yeah, I am happy with the Niners and winning ugly but the proof will be in the pudding when we face the Steelers and Ravens.

Nov 18 @ 11:25AM  
That is going to be one ugly and costly mess.

They should just get an order to have those people pay them rent for using their land.


Nov 18 @ 11:38AM  
I see the humor in all this because I was a surveyor for almost ten years & have seen it all. When you are digging for property corners in the front yard people really get irate especially after explaining that the right of way is split from the centerline of the street. People are really naive that there is a somewhat of a neutral zone & the property line doesn't go all the way to the curb of the street like they think. This one lady refused to mow the grass all the way to the curb & got in trouble with the home owners association. This was a good read & I enjoyed it.

Nov 18 @ 1:24PM  
Like flavor said...this was a good the way you described it all. Other than that, I have no good advice. I'd say it's all just a real big mess.

Nov 18 @ 2:16PM  
This transaction involved good ole country boys doing it the good ole country way, pacing it off as opposed to getting it professionally surveyed. Well, they got wrong and missed the dimensions of what was supposed to be transacted by 75 feet to the north. That 75 feet encompasses the only part of the property that can be built on.
A chain or cloth tape would have kept them out of hot water & a heck of a lot closer but the key thing is to find the property corners first so you have something concrete to measure off of but doesn't necessarily mean it will be correct because they often get moved & sometimes surveyors get the wrong coordinates & set them wrong using an instrument. I love to pace because it helps a lot & gets you close to finding what you are looking for but when setting a property corner it has to be precise so in an instrument is ideal in this day & time. Often they will use right of way points that are accurate for the instrument, the back sight ,& foresight.

Nov 18 @ 5:27PM  
A lot of the old measurements from old farms were there about figures which created a mess if the property was sold in the last 30 years or so. In many cases no one had a clue where the property lines after 60 years or more. That could create a headache when new owners bought the property and wanted exact measurements.

Nov 18 @ 8:40PM  
Good news is that both Oaland and the Niners are nearly back up to form
in the Western Divisions
My Bengals aren't doing too bad either...

Nov 20 @ 3:53AM  
Amazing, a second year real estate agent could have handled the transaction. Apparently the first year agent you hired didn't do his 'due diligence' and have the property records reviewed. The Dept.of Land Records would have property maps, grids, sewage designation specified, lot records, setbacks, rights of way if any and a host of other designations about the parcel involved, as well as ANY ajoining parcels. Where do you get your advice?

Nov 21 @ 1:42AM  
Everyone handles things like that differently...
WoW... in the Wild make me smile for some reason!!
Love ya Man!!!!

Nov 28 @ 7:10PM  
You have mentioned you don't like boring people but I have to say you are one of the least boring people I know. Today I was talking to Thelma (GirlCountry) and we started talking about you so I asked her about you moving and she told me that your blogs were about the move. I hadn't seen them so I spent the afternoon (and I must say a very enjoyable afternoon) reading your blogs............i could see you going thru this stuff and was giggling most of the way thru boring............nope you are definitely not.

Now for a few points you mentioned in your blogs.............I am definitely a cat louie is 25 lbs and I love him more than just about anything but let me tell you.........bad behavior (which he had picked up some from my daughters idiot cat) is not tolerated.........and a firm swat or a good shove........(he is not tossable) does happen.........he lives in my house and will obey the rules.Now if you had said you pick him up and punt him like a football..........I might have said bad bruce bad bruce LOL in northern minnesota I have eaten so much fresh water fish its amazing I don't have gills. If you ever were up here you would find polluck on some menus..........its a good tasting fish (not as good as walleye but its decent and its cheap) In one of the restaurants I managed years ago that was a special........I had just hired a girl that had moved up here from Kentucky and she went out to wait on her first table.........As i stood there and listened to her I about split a gut when she told them that the special of the day was Pollock. I watched as the customers in their amazement started to laugh like crazy. She asked me what she had said and I told her that she had just offered up someone from the polish decent for dinner. I doubt she ever made that mistake again. LOL

Moving in with an adult child is totally different than anything I had thought or hoped would ever happen. Its different when they move in with you your house your rules..........but moving in with a child is different. In my situation we are roommates.........we split the household bills down the middle but I do pay for the car insurance and cell phone because I have a lot more income than she does. But because of my illness I cant do housework so she does that, the cooking, laundry ect. it works for us but sometimes we clash.......her and i sometimes have different ways of parenting and with a grandchild in the house who needs us to join forces not to argue about how to raise her does make things more complicated. I have found that I sit back and allow her to parent her child the way she wants and than after Lib is in bed I explain to her how and why I felt the situation should have been handled........and we come to a compromise.

The only thing I don't like is the lack of privacy and the lack of quiet. I loved living by myself and only having myself to depend on..........but the benefits is I get to watch my granddaughter to grow up and be a part of with everything i have given up I have got a lot more back.

BTW living in the country isnt that bad........and there is always excitement because there is always one or two neighbors if you dont get your fill of drama here...........just start hanging out at the local coffee shop and you will get all you ever would need LOL

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The Switch Part VI