Legal Question in Real Estate Law in Wisconsin
We purchased subdivided property 20+ years ago. This was the first subdivision and done at our request in order that we buy four acres out of the larger property. The surveyors developed the sudivision and marked the four corners with metal pins and tagged tree branches along each property line between pins. We met with the seller on the property before closing and acknowledged the designated property lines defining the property to be purchased. We also appealled our township for a set back variance in order that we had room to effectively position a planned storeage building 15ft vs 25ft from the property line. The seller documented his acceptance of this variance, the town chairman inspected the planned building layout in relation to property line, and the township approved our request.
Now 20 years later the property to the south is being sold. This involved a new survey which the surveyor ( the same company that did the original survey ) now indicates that the line defining the property originally was off by approximately 10ft to our detriment. It places the property line right through the middle of a 1000gal propane tank and places our storeage builing in violation of required set back.
Our contention is that what we bought and the sellor sold was the property between designated property line markings. If there was an error it was in the legal description the surveyor created 20 years ago to define the physical location of the pins they placed. If this goes to court how do you access the strength of our legal position?
1 Answer from Attorneys
Your position will depend upon whether you have a survey (a written, legal document) which was done showing what you bought 20+ years ago, and whether you had any documentation when you put up your shed and gas tank. Without that, this becomes a battle of "he said, she said," and it is anyone's guess as to the outcome of such a battle. If you have no survey, maybe you could buy the land you need from the neighbor who is selling. At least it is a thought. Good luck!
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