No. Tax maps are used for the purpose of locating parcels of property and identifying owners for the purpose of assessing and collecting ad valorem taxes. Boundary lines and other information on tax maps is not as precise as a survey.
Unless the opposite party has defended your claim or brought a frivolous claim against you, it is highly unlikely that you can recover attorney’s fees. Except in those cases where frivolous litigation is involved, attorney’s fees are usually only awarded where there is a specific statute permitting them.
Not necessarily. Some property disputes occur even when the property description is undisputed. For example, there may be a question as to whether titled property has been obtained by adverse possession or whether an easement has been abandoned. Property disputes can also arise from questions about the validity of a deed. These property disputes would not necessarily require a survey.
Only if your dispute involves a possible forgery of the deed or some other issue where the original document is required for examination. Recording of the deed in the office of the Register of Deeds (North Carolina) or the office of the Clerk of Superior Court (Georgia) is sufficient notification of your title to the property and certified copies of recorded deeds can be introduced into evidence at trial.
Bring copies of your deed and deeds of your predecessors in title (if available) as well as copies of deeds of adjoining property owners. These documents can often be obtained from the Register of Deeds office (North Carolina) or the Clerk of Superior Court office (Georgia). You should also bring all closing papers from your purchase of the property, your title insurance policy, photos of the disputed area, any survey plats showing the property and any correspondence (including emails) with anyone regarding the dispute.
Do not take matters into your own hands. People have been seriously injured or killed when confronted by someone angry about a property dispute.
First, be sure that the location of whatever is interfering with your use of the right of way is actually on the right of way. Second, take photos of whatever is interfering with your right of way in a manner that best shows the location of any interference relative to the right of way boundary. Then write a courteous letter (better than calling which can lead to an argument) to the owner of the land over which the right of way is located describing the interference and requesting any information as to the responsible party. If the letter does not resolve the problem, contact one of our Property Dispute Lawyers at Cannon Law, P.C. to discuss your options.
If the stakes were left on the ground near their original location, take photos to show the damage. Then try to determine who removed the stakes. It is best to have the first contact with that person come from one of our Property Dispute Attorneys because this type of behavior is often a sign that the person is angry and/or violent. While the stakes are helpful, a surveyor typically places permanent pins below ground at important points along the boundary so that the stakes can be replaced without too much trouble and the surveyor does not have to resurvey the entire parcel.
Sometimes, but not always. Surveyors can make mistakes and can disagree about the location of lines where monuments and pins are no longer in existence. Also, many deeds may contain descriptions created when surveying instruments were not as accurate as they are today. When newer surveying equipment is used, it may show different measurements than the older deeds.
The terms of each title insurance policy and the particular facts of your dispute will determine if your title insurance policy provides coverage. We will review your title policy to see if coverage exists and can help you submit a claim to the company in the event that coverage appears available.