o/t I lost 8 acres

JD2ACWD

Member
when I got my property tax statements the amount of acres was different from the last 10 years,8 less acres, hmmm been paying taxes on it,now it does not exist,I also payed for that lost 8 acres 10 years ago,hmmmmm looks like I might have to get me a lawyer whatta think!!!!!!!!!!!
 
For years our taxes were assessed at the same value for a piece of land over the town line but they alternated the acreage every year between 35. something and 60. something. Never did figure that one out.
Zach
 
Yep, its time. Should be able to get one to evaluate the situation for $500 or so- If 8 acres is worth less than $500 in your area, please hook me up with a local realtor.
 
My sister lived out of state and owned some property near me.She said everytime she got a tax bill there were less acres than before.She didn't mind because it was less tax.When she died the tax bid said 32 acres.The survey said 52.
 
I'd take the tax cut. If its like it is here, when they went to using the computer to calculate a lot of things got smaller, but the acres per survey didnt change.
 
I don't see how you could have lost any land if your property lines didn't move. More likely the county made a mistake, or they have updated the acreage to a more accurate amount, based on the existing property lines.

If you hire a lawyer, who will you send him after? The county, because they're not taxing you enough? I don't think you can go after the seller or surveyor ten years after the sale.
 
What do you care how much they're taxing you for? It has nothing to do with what you legally own, or do not own. All that counts is what your deed says. All the tax department usually cares about is the fact that somebody is paying the taxes on all the taxable properties. If they've lowered your acreage, then someone has likely gained some. And, if they have any brains, they'll complain about it and get the extra acres taken off of their tax bill.
 
MarkB MI good question/answer,all I know is I bought 100 acres and now I own 92,the county updated it,but what about the taxes I paid and the money for the 8 acres that don't exist,I GOT SCREWED,and yes who would I go after? chalk this one up to live and learn?
 
well I should have explained it a little better,I am selling a parcel of it,the surveyor say's it is 8 acres less also, the same as the new tax statement,so I paid for 8 acres that do not exist.I guess that's why I'm a little P.O.
 
Same way here, the county PVA's computer made most farms smaller, I am just glad the FSA don't use the same puter.
 
ole and sven had a farm in minn. they decided to get the farm surveyed. when the surveyor got done he said "vell i have good news and i have bad news".
ole said "give us the good news first".
the surveyor "vell your farm is bigger then we thought it is 160 acres".
ole said "vhat is the bad news"?
the surveyor said "the bad news is your farm is in nort dakota."
sven said "dat is good i am getting tired of these minn. vinters".
 
When I bought my property in 1989 I went to town office to look at tax map and assessment card, just to be sure I understood it all. I thought, well, that doesn't look quite right. Assessor checked it out found that two owners back had subdivided but the neighboring parcel never got deducted. Two prior owners paid for 20 years. Town collected double for the land. I said no thanks I'll pay only for what I own, and he fixed it.
 
I got the assessment this week on some lots I own. Trouble is, I replatted the original 4 lots over a year ago and now they are saying I own the original 4 and the new 4 that they became. Old value was at $25,000 per 1 acre lot. Now they are at $48,000 for the new lots. Don"t think I will be paying double for them.
 
My land is in New York state. I do not know how
other states work. But, here just go to the
County Clerk and look up your land. The farm
I grew up has not changed since 1930. Look for
the hard copy. Town assessments can have errors
here. I think too many people are punching the
wrong computer keys.
 
Are you saying that you had a survey done at the time of purchase, and the survey said it was exactly 100 acres? Or is that only what the deed says?

Is there a road right-of-way that encroaches on the property lines? They probably don't tax you on your property that's underneath the road.

Do you have title insurance? Depending on the circumstances, you might have a claim, although I rather doubt it.
 
What document had you believing there was more land when you first bought it? Are theret two surveys with different results?
 
All the County Clerk can do is tell you what the tax map says, or lead you to a copy of your deed that will have a property description. And, sometimes that description was written in the 1700s and is not very clear or accurate. County Clerk does not interpret deed descriptions in NY. Just manages where those deeds are archived.
 
the tax statements had a 40 and a 40 and a 20,now it says 35 36 and 20 and the survey shows that. the deed said 100 ,so I am out 8 acres
 
I hear you but doubt you really lost any physical acreage, (although the county may tax you on more or less acres) it may well be a paper and survey and legal description variable. If youre in an unsubdivided rural area and purchased for deed a certain described tract of land, the deeds often say x acres MORE OR LESS and especially if you are physically bounded by old established fence lines and roads etc and havent sold off anything, YOU STILL OWN WHATS ENCLOSED (still subject to a ton of commin law) REGARDLESS if a later survey finds it to be 8 acres more or 8 acres less then what the deed recites.

Also remember theres a well settled body of common law that well defines boundaries and lines and disputes and what surveyors furnish are merely professional OPINIONS. The law NOT necessarily surveys determine boundary lines in disputes.

This has been discussed on here several times but NOTE this is complex legal subject and CAN NOT be explained in a few paragraphs here what it takes whole libraries and research to describe. Needless to say, if you have questions consult trained professionals like real estate attorneys and licensed land surveyors

Best wishes n God Bless

John T BSEE, JD Atorney at Law
 
What I have heard, and this is by no means concrete evidence, is that the surveys are going global and the old square 40 and sections etc no longer are being used, all the land in this part of the world will now have a slight pie shape to them and many things are being corrected from the old surveys, elimiinating range lines etc. I do not know if this is true but I have heard it over the last couple years. you probablly haven't really lost land but may just be the "corrected amount" and I also may be completely wrong on the whole thing:>)
 
ok guys the original map or survey was off by over 200 feet the 8 acres only existed on paper, the guy that measured it years ago did not add correctly, what was supposed to be 1320 feet he had 1100 or so,
 
If I understand you correctly.

You bought a piece of land (just using #'s to describe) lets say 1000 ft by 1000 ft. You paid based on that size and have been paying taxes over the years for that size.

Now with a new survey you find out the land you own is really only 900 ft by 900 ft because someone added wrong years ago.

Yes I would be pi$$ed also but I do not think there is any thing you can do now years later.
 
JD2+: assuming your deed desc"s are quarter-quarters for the 40"s and half a qtr-qtr for the 20, the 40 and 20 probably wouldn"t be considered controlling over the actual acreage in those parcels...
Depending on your location, there"re lots of sections that weren"t square, because of the difficulties in laying out regular squares on a rounded globe...one of the solutions used was to "adjust" some of the sections, and if your section was adjusted smaller than 640, yours may"ve been some of the "short" parts...
 
(quoted from post at 16:49:44 03/03/10) when I got my property tax statements the amount of acres was different from the last 10 years,8 less acres, hmmm been paying taxes on it,now it does not exist,I also payed for that lost 8 acres 10 years ago,hmmmmm looks like I might have to get me a lawyer whatta think!!!!!!!!!!!

May not be related, but reminds me of an issue a neighbor had last year. Government paid him so much money to take a meadow out of production. It contained a hedge/brush row surrounding it. They paid him based on the size of the grass portion (satellite pic/measurement). Because he wasn't able to touch the piece after the deal (10 year program) the brush grew. Now, 8 years into the deal, the grass area is considerably smaller. He got a bill to pay back the difference.

Dave
 

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