This is a continuation of the post here.
I called Sharon Swan about the survey I'd had completed, and was told initially that the encroachments by the county on my land were covered by an easement. After checking, I wasn't able to find any easement, and asked the county to produce a copy of the relevant easement.
Diane Bailey then said that there wasn't an easement, but that there was a survey that they'd had done, and that survey didn't agree with my survey. We scheduled a meeting to walk the property so that I could show them my survey marks, and see if we could find theirs. At this point they claimed that their survey had put rebar with caps and stakes in.
Meeting at the property a few days later, Ms. Swan and Ms. Bailey were both surprised that they could not locate any survey stakes. So I showed them mine, and gave them a copy of the survey I'd had done, and explained that I was planning on running cattle on the property, and was going to fence it in the next two weeks. Ms. Swan asked that I have my survey rerun, and I pointed out that I had every reason to believe it was accurate; and that they would be well advised to have their own survey work done to verify my marks, but that I'd be working on the basis of my survey as drawn, and that this meant that recent improvements would have to be removed, particularly a gate. I offered to move the gate at my expense as a courtesy, but they declined that.
Ms. Swan then asked that if the survey was in error, that I would remove any fence that encroached. I clarified to her that if the rule she was proposing was that the party encroaching would have to remove the encroachments, that I would expect her to remove the bridge (which apparently cost the county hundreds of thousands of dollars to complete, given permit, construction and other costs) and she backed down, claiming that she had no authority to authorize any such deal.
I offered to trade an easement over the portions of my land encroached on for an easement and rights to use a parking area to help load and unload cattle. She offered a right of passage, which I declined -- I'd rather settle the entire matter at once, and I think that the county has some work to do before they will believe the encroachments.
At this point I have no agreement with the county and plan on fencing my property line.
1 day ago