Any time the boundary of a property changes, through the law of acquiescence, adverse possession or another method, an updated survey should be obtained, BenzingSurveying.com announces
Waukon, Iowa - April 9, 2018 /MarketersMedia/ —
Land surveyors often expose boundary issues. In some cases, people are unaware of the true survey line and use another line. When the survey line is brought to their attention, a problem can arise. In other situations, one person may try to claim the land of another. Knowing the difference between the two and how they apply are important. Your attorney and professional land surveyor can help.
"When we conduct a land survey we are required to retrace the original surveyed lines. When these lines are marked on the ground it doesn't always match fence lines or other lines owners have established. This is when owners should be aware of the doctrine known as boundary by acquiescence," Ryland Benzing of Benzing Surveying explains.
Iowa Courts have defined acquiescence as:
The mutual recognition by two adjoining landowners for ten years or more that a line, definitely marked by fence or in some manner, is the dividing line between them. Acquiescence exists when both parties acknowledge and treat the line as the boundary. When the acquiescence persists for ten years the line becomes the true boundary even though a survey may show otherwise and even though neither party intended to claim more than called for by their deed.
The following key elements must be met or proven to apply:
There has to be a fence or other definite marking of the boundary.
This definite marking has to have been in place for 10 years or more.
Both parties have to recognize the definite marking as the boundary between them.
Please note that the recognition does not have to be right out expressed. Even silent inaction, or failing to dispute the definite marking, could be considered as recognition.
"Owners don't always agree to the fence as the boundary line, especially if the survey line differs greatly. If each owner chooses to claim to a different location, then there may be an overlap. The only way to resolve this overlap is for owners to come to an agreement as to where the line should be established or have the courts make that determination. First, I explain the situation to my clients and advise them to seek the advice of their attorney. I also inform my clients to try to come up with an agreement outside of court. This saves everyone time, money, and the hassle of court," informs Benzing.
"However owners decide to resolve a boundary dispute, it is in their best interest to hire a professional land surveyor to survey the agreed to line. This helps to avoid future problems," Benzing continues.
Another doctrine that applies to boundary disputes is adverse possession. Adverse Possession is when a person in possession of land owned by someone else may acquire valid title to it, so long as certain requirements are met, and the adverse possessor is in possession for the required time as defined by the jurisdictions statute of limitations. What makes adverse possession different from acquiescence is that the individual knows they are in possession of property that they do not have written deed or title to.
The following are seven key elements that must be proven to apply:
1. Hostile;
2. Actual;
3. Open;
4. Exclusive;
5. Continuous possession;
6. Under claim of right or color of title;
7. Typically for at least ten years.
"To obtain land under adverse possession, a person must meet a number of criteria. If these criteria are met, courts would likely rule a change of ownership. Typically, a survey would then be conducted to reflect the change," Benzing states.
"I wish more clients would come to us long before things escalate to a boundary dispute. When trained, competent, professional land surveyors are retained initially, at the beginning of a project, it is much less likely for a dispute to ever occur," Benzing announces.
About Benzing Surveying:
Benzing Surveying, LLC offers professional land surveying services in rural and urban areas throughout Northeast Iowa and Southwest Wisconsin. They provide boundary, mapping, and construction surveying to a large range of clients involving private individuals, private companies, and government agencies in the agricultural, residential, industrial, commercial, mining, construction, and educational sectors.
This has been prepared for informational purposes only. It is not intended to provide or be relied upon for legal advice. You should always consult your own legal advisors. Always check with an attorney in your particular jurisdiction, as laws can vary greatly.
Contact Info:
Name: Ryland Benzing
Email: rbenzing@benzingsurveying.com
Organization: Benzing Surveying
Address: 1504 Prairie Ave NW
Phone: (563)-568-2136
For more information, please visit http://benzingsurveying.com/
Source: MarketersMedia
Release ID: 327755
