Property line question

• Sep 1, 2015

• #1

Robert28

Senior Member

I recently had some land surveyed that borders a cemetary and after the survey was completed I noticed that there were some plot markers (not actual graves, just markers of plots that people have bought in advance) that are right on my line. Matter of fact, some of the markers are about an inch or 2 OVER the line. I'm a stickler when it comes to property lines and I want this corrected ASAP. I contacted the person who oversees the cemetary and have not heard back from them yet. My question is, can I put a fence ON my line or do I need to move it back an inch or two? I don't want some dead persons feet or head on my property because that can cause a whole bunch of headaches in the future if I was to ever sell the property. I use the property for hunting but still, I want my property lines respected.

 

• Sep 1, 2015

• #2

C

calibob1

COMMIE LOVER TROLL

It would seem that setbacks would be in place for graves too. Could be a conflict of surveys.

 

• Sep 1, 2015

• #3

Flaustin1

Senior Member

Yep, two different surveyors can give two different lines.

 

• Sep 1, 2015

• #4

G

Gadestroyer74

Banned

I would think there would have to be a certain distance from a property line that they would have to maintain . Not real sure on this

 

• Sep 1, 2015

• #5

Robert28

Senior Member

The guy I had do the survey said the last time it had been surveyed was 2009 but he didn't know by who. Do I just stick up a fence on my line and be done with it? Whatever markers cross over my line, just remove them? They aren't head stones, just corner type markers made out of granite. No one is buried in the plots where the markers cross my line so it wouldn't be disturbing a grave or anything.

 

• Sep 1, 2015

• #6

Miguel Cervantes

Jedi Master

Your line is their line too. If you put the fence on the line it becomes their property to do with as they wish.

Give Elfiii a buzz and ask him about property boundary disputes and how critical it is you get this settled asap.

 

• Sep 1, 2015

• #7

Milkman

Deer Farmer Moderator

Staff member

I think I would talk to your county officials to see what action they think is best. Maybe Clerk of Court or Code Enforcement office.
If SC is like Ga they probably have an "official" surveyor for the county that would be accepted as the final say.

Once the exact line is determined placing some pipes or stakes of some sort along the line may be a good idea.

 

• Sep 1, 2015

• #8

Robert28

Senior Member

I forgot to add, when my guy did the survey he found metal rods in the ground that matched up with his line so I'm guessing this is from 2009? My only reason for being a stickler about the line is once someone is buried in the plots, if their head or feet are over on my property it opens a whole bunch of headaches and kills property value for having someone buried on your land, right?

 

• Sep 1, 2015

• #9

F

Fuzzy D Fellers

Banned

Did you call the Cemetery? I am sure they will fix the problem.

 

• Sep 1, 2015

• #10

Milkman

Deer Farmer Moderator

Staff member

Robert28 said:

I forgot to add, when my guy did the survey he found metal rods in the ground that matched up with his line so I'm guessing this is from 2009? My only reason for being a stickler about the line is once someone is buried in the plots, if their head or feet are over on my property it opens a whole bunch of headaches and kills property value for having someone buried on your land, right?

Click to expand...

Your property isn't zoned for burials
The cemetery officials would be in trouble with more people than you if they did

 

• Sep 1, 2015

• #11

Miguel Cervantes

Jedi Master

Milkman said:

Your property isn't zoned for burials
The cemetery officials would be in trouble with more people than you if they did

Click to expand...

Or he would for putting a fence over them. Cemeteries are federally protected spaces and must follow strict compliance for location and maintenance. Solving this one could potentially get expensive and I doubt their's a county official worth his salt that is willing to jump in the middle of it.

 

• Sep 1, 2015

• #12

elfiii

Admin

Staff member

Migmack said:

Did you call the Cemetery? I am sure they will fix the problem.

Click to expand...

This first^. Talk to them and give them a copy of your survey plat. Better to iron things out cordially than wind up in court.

If you put the fence on the line you are encroaching on their property.

 

• Sep 1, 2015

• #13

T-N-T

Senior Member

If you put a fence 2 or 3 inches back from the line, it is your fence. They cant touch it.
But I would call the cemetery folks every day till they respond.

 

• Sep 1, 2015

• #14

1gr8bldr

Senior Member

These things take time.

 

• Sep 1, 2015

• #15

Miguel Cervantes

Jedi Master

TopherAndTick said:

If you put a fence 2 or 3 inches back from the line, it is your fence. They cant touch it.
But I would call the cemetery folks every day till they respond.

Click to expand...

If the property line is correct. Survey's don't guarantee anything right off the bat.

 

• Sep 1, 2015

• #16

T

T.P.

Banned

I've always kept fences 1' off the line.

 

• Sep 1, 2015

• #17

skiff23

Senior Member

If you put up a fence , 4" is the rule of thumb for a proper set back. A fence on the line belongs to both properties. As far as the cemetery goes, you DO NOT want to disturb it. If one person visits once every hundred years it is a active public site. I have seen what courts can do to someone who disturbs one. I restored one several years ago a lawyer ( of all people) bull dozed. He was skinned and hung to dry ! needless to say the cemetery was rebuilt and looks like a million dollar memorial now all at his expense.
Best advice I can give is fence 4 " s off the line and let it be. Do not disturb it.

 

• Sep 1, 2015

• #18

Robert28

Senior Member

First thing I did was contact the lady who is apparently over the cemetery but haven't heard back yet. I won't disturb any of the cemetery or markers, but they sure are planning to put dead people right on the line. That's what concerns me. I don't want to try and sell this property down the road and be told "oh you can't sell it, there's a dead persons head or toe sticking over your property line, it must be a cemetery now". That's what I have concerns about. This cemetery had asked to buy part of the property from me previously and I've declined. I just don't see how they can put dead bodies that are touching on "our" line. I don't mind moving the fence back 4-5 inches.

 

• Sep 2, 2015

• #19

N

Napi

Senior Member

How much land would you lose if you just sold them (or donated) a foot or so beyond the markers along that line? I would just do either and let them pay the survey cost to change it.

 

• Sep 2, 2015

• #20

Miguel Cervantes

Jedi Master

Read through this document. You might glean a useful tidbit of information from it.

http://www.crghenry.org/ga_cemetery_laws/cem_law.html