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Sly_Barker

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  1. That sounds like a plan. Thanks for the advise Adjuster Jack.
  2. I've insisted on being present every time they visit my land. I've photo documented the time they spend on my land and recorded it on my calender too. I'm pretty good at documentation so I hope I can make a small claims court case if he tries to screw me. The bottom line is I've asked him what the problems are and he's contradicted himself on several occasions when trying to make excuses. He hasn't done what he promised which isn't all that much considering all he needed to do is set one stake. I think if I take him to small claims court he'll look like he's trying to hustle me. I live in a town with high taxes and high property values, I think this is his reasoning for playing this game with us which sucks for me because I'm not wealthy, we're just here for the good schools. .
  3. "I'm writing you to follow up after our conversation this afternoon. I want to reset the marker by the street between my and my neighbor's land, and then have a stake put in the ground at the other corner of my land so that I know where the property line is. I live at MY address and my neighbor lives at his address in Mytown, NH. I attached a few photos I found of the land and where it is. I'd like an estimate as to what it will cost to do this. The granite marker between our land is still there it's just ripped out of the ground and needs to be reset. " - My original request for an estimate From: http://www.nh.gov/jtboard/lsrule.htm#lan500 PART Lan 501 CODE OF ETHICS (j) The licensee shall: (1) Offer a written contract to the client; and (2) When utilizing a written contract specify the following: a. The land upon which the work will be performed; b. The nature and scope of the work to be performed; c. The estimated time period within which the work is to be performed; and d. A cost estimate or fee schedule. (3) Not accept compensation or expenses from more than one employer, client for the same service, unless the parties involved are informed and consent; (4) Not accept work on a contingent fee basis; (5) Not solicit or accept gratuities, directly or indirectly, from contractors, their agents, or other parties dealing with the licensee's client in connection with the work for which the licensee is responsible; (6) Recognize that the practice of land surveying by a person, firm, co-partnership, corporation or joint stock association construed to practice or offer to practice land surveying shall be under the direct charge and supervision of a land surveyor licensed by the State of New Hampshire; and (7) Advise the client of the level of precision most appropriate to the purposes of the survey. (k) The licensee shall: (1) At all times in the performance of services, abide by applicable federal, state and municipal laws and regulations; (2) Unless the circumstances are fully disclosed to all parties, not solicit or accept a land surveying contract from a government body on which a principal or officer of the licensee's organization serves as a member; (3) Not contract for the completion of another licensee's contracted work unless reasonable effort has been made to consult with the prior licensee; (4) Cooperate with other licensed land surveyors with an interchange of information, in particular, where discrepancies are discovered, where such interchange does not include confidential information; and (5) Not perform any acts, allow omissions or make any assertions or representations which are fraudulent deceitful, or misleading, or which in any manner tend to create misleading impression; and The "Scope of the work" has remained the same and we never discussed additional charges. He never offered a contract unless this message is considered a contract. His "As long as the scope of the work remains the same" is a contingent. He's in gross violation of his license code IMO.
  4. This is the one online review I was able to find about this company: "Poor quality of service and to many stories. They started a simple survey of less than a 1/4 acre of land in 2009 and still not complete. Classic situations of over billing, turned out they charged me for an other clients work, To many excuses ie. survey crew to busy, small job s are hard to schedule, etc. We ended our relationship today 8/2011 My account with UNNAMED BUSINESS was always paid as they had a large retainer of mine. It is difficult to support a business that charges a lot of money and all you get are excuses, and lack of performance" Dated 8/2011
  5. This is relevant too: " With the additional locations and locating the stone bound you found we still have around 4.5’ of error that we have to reconcile. So, the stakes that were set should not be used: the rear stake could move 4.5’ and the stake on line could move 2.0’ or so. We really will need to find another point to get things to work. I know that we are way over budget on this, but will do what we can to get it finished up. I have only seen a few boundaries that compare in difficulty since I have surveyed, which has been over 15 years now. Any additional money would be greatly appreciated. Once we have competed the work we can prepare an invoice that shows all of our time. We will have to get permission from your neighbor to look for and locate his rear corner if it is even in. " - The survey company " We agreed to $950 as a cap, what do you mean over budget? I haven't agreed to pay any more than that. Also you've been here 3 times already, this should be done by now. Thanks," - My Reply If I understand what he's saying, although he knows where 3 of 4 of the existing markers are, since he can't find the one I'm paying him to stake, he needs to drag his feet and keep looking in the woods. What's the point of all that expensive equipment if he can't just calculate where the stake is supposed to go? This is why I don't trust this guy. I feel like I'm paying him $950 to walk around in the woods and look for the markers. I did that and found 3, I wasn't under the impression I was paying $950 for a team to locate existing boundaries. I was under the impression that I was paying to have the missing point accurately calculated and staked.
  6. Hi adjusterjack, the agreement is quoted below. Thanks for responding, you helped me once before. "Task – reset the from property corner between #3 & #5 with the granite bound (assuming this is good enough to set, meaning not broken or too short); set a 4’ wooden stake at the rear corner of the same property line. Estimated cost: $650 -$950; $950 is a not to exceed as long as the scope of the work remains the same. The reason for the range in cost is described below in the work overview. Work overview: 1 - Research at the Rockingham County registry of deeds – checking & obtaining deeds and plans of the subject parcel and abutting parcels. 2 - Recon. & Field Locations – a crew will go to the site in order to find as many existing boundary monuments as necessary in order to rotate their control onto the property. The amount of time involved in this step is determined by the number, quality and accessibility of existing boundary markers. If they locate many monuments and they fit well mathematically then they can usually stake the property. This could potentially be the completion of the task, but often there must be other steps. 3 - If the crew is able to locate some boundary markers but some are missing or the ones they locate do not fit well, they will send the information into the office where calculations and rotations can be made. "This should allow for the missing point to be calculated so that they can stake the missing points. This often completes the task. 4 – If calculations cannot be done quickly or there are apparent mathematical issues it is not practical for the crew to remain on site to wait for coordinates. A return trip to the site to stake/flag the lines will become necessary. This is usually the worst case scenario. Hopefully that brief description helps you understand the process and also gives you an idea of why there is variation in the estimated cost. We will commit to do our best to maintain a high level of accuracy and do our best to keep the cost done toward the low end of the range. It is possible to come in under the low end of the range if we are able to find existing boundary markers and if this is the case we will charge accordingly; however, I have offered what I believe to be a realistic price range based on experience with residential areas like similar o this one. If this is something that you would like us to schedule in please respond to this email. Also, we would ask for a retainer of $325 for this work. An invoice will be sent after the completion of the task. If you have any question feels free to contact me. Thanks you the opportunity"
  7. Good evening, I couldn't fine one of my rear property markers and my neighbor hit the marker on the other end of that line with his plow truck. I wanted to hire someone to reset the one marker my neighbor hit and then mark the one I couldn't find in the woods on the line between my land and my neighbor's land. Then I intended on building an arbor fence on the front corner and putting a fence post on the back corner just to mark my land. I found and hired a licensed land surveyor to reset the property marker and find the back corner in the woods. We agreed what work was going to be done, and how much it would cost via e-mail. He said it should take 1-2 visits to get the job done. Since this agreement the survey company has been to my home 3 times and claims the stake they put in is wrong, but more money could fix this problem... My contact said he could do the job in a day since it's only one property line if he could find the markers, if he couldn't find the markers it would take two days. I knew where 3 of 4 markers were so I showed him where those markers are. He found where the rest of the marker that was hit by the plow truck in about 5 minutes, and then walked around in the woods looking for the other corner marker for about 2 hours, and then left for the day... although he said he would research the deed and plot plan before coming out. I was a little bumbed out because if he has to come back it would cost me another $300, but I saw that one coming, so I wasn't too upset about the two day thing. They come back out, but this time it was two different guys. They looked at the street markers, and then proceeded to walk around in the woods with their equipment this time, sort of like the other guys did. Before this went on too long, I went out and showed them where the other rear marker was to help them out. They told me "this makes sense mathematically"... and then were still unable to stake the corner they came out for. Then they came out later that week and put a stake in the ground within about 20 minutes. They showed me where the stake was as agreed, and then told me that it was incorrect and that I should not to use it or start building my fence. This was the third visit. After that third visit I get an e-mail from my contact at this company, he says that "They're way over budget and any extra money I could throw their way would be appreciated". Needless to say I was taken back, and I feel like they're basically trying to extort me by saying the stake is off 4.5 feet in the rear. I asserted myself and said that we had an agreement and they need to honor it. My contact has been difficult to work with since he got that first deposit into his pocket. He's tried to complicate the matter with technical jargin, said there is a discrepencey between the deed and the plot plan. He said that the original survey was wrong and now "decisions have to be made" whatever that means. We agreed that he would give me notice so that I could take the day off and be there when he puts the stake in so that I know where it is since my land is a dense New England forest. He's given me short notice each time he comes back out, but my employer is flexible and let me have the days I needed on short notice. I feel like this guy is trying to rip me off and I don't trust him at this point. The good thing is he put it all in writing, so it's all clearly documented. I found one review online, the person who wrote the review had a similar experience with this company. I started doing my homework on what a survey actually is and how it should be done and I feel that this guy is most likely pulling my chain and or incompetent. I also found rules and a code of conduct for licensed surveyors in NH, which this company is, and none of them have been followed. All I paid him is a little over $300 but I've taken three days off, bought lumber for an arbor fence that has since warped because it's been a month and a half so far since they started. I want to fire him, take him to small claims court to get my money back, get the now warped lumber paid for, and possibly get reimbursed for the paid time off I wasted dealing with this extortionist. I've kept all the e-mails and communication between us. Do you guys think I have a small claims court case??? Thanks, Frustrated guy in NH.
  8. "If you want to protect yourself from that I suggest the following steps: 1 - New survey. 2 - Photograph and otherwise document the position of the new stakes immediately. 3 - Immediately put up a fence. Start by imbedding fenceposts in concrete about every 8 or 10 feet to delineate the property lines. Then string barbed wire if you want to go cheap. 4 - Put up the no trespassing signs at frequent intervals. They don't cost much and you can nail them to the fenceposts that you just put up. 5 - Take out a restraining order against the guy if you have to. 6 - Once you have the fence up, throw all his stuff over it to his side. Yes, a fence will cost you money but probably a lot less money than litigation if you don't take the necessary precautions to protect your own land." Thank you Adjusterjack. I don't understand the lawyer stuff, I really appreciate the lay man's explaination.
  9. "I'd feel free to involve a real estate attorney" - My next question was what type of lawyer should I hire if this becomes an issue. Thanks
  10. Heard where/from whom? - A friend who went through this in a neighboring town. Where exactly did you find these photos, and what makes you think they accurately depict the property line? - A landscaper friend of mine got them from the town. I don't think they are accurate, but to some extent they do represent my land boundries. The town clerk had paperwork of when they measured the land for a septic tank some time ago. The lines were similar on this document and the aerial photo. it sounds like you're talking about adverse possession. - Yes this is what he called it. Although it may be legal, it's basically stealing if you knowingly spread out your land to make it bigger at someone else's expense. My land is mostly wooded, this guy and his kids were riding their quads on it and building forts/playing on it. Can adverse possession apply in cases like this?? I mentioned to him that I found an aerial photo of the land, and that I intended on having it surveyed and fencing it in. After that his kids took the fort down and haven't been on the land since. This is another reason why I'm suspicious of him. He also bragged that he had the biggest piece of land on the block, according to the town the opposite is true, his lot is the smallest. I wonder if he thought he could get away with claiming adverse possession?? "The police don't issue orders like that." - According to the police they do in an unrelated issue. I caught one of his kids taking things from my back porch. I caught him, so he put them back. I called the police to ask about how trespassing works in NH. The police told me they could issue a no trespassing order and if they trespass after that it would be criminal. The police said I didn't even need to put signs up, but it would make it easier. If I was to put signs up in the aproximate location of the property line would that be good enough to avoid losing land via adverse possession?
  11. Good evening, I live in Londonderry, NH. I have two questions based on things I've heard. I heard there is a law that allows someone who uses or maintains someone elses land for a period of time to take legal ownership of it. 1) Is this true and if so what are the details?? I moved to my home in 2010 and my neighbor has been here since 1993. In the spring of 2011 I went looking for my property boundries. I found two markers near the street, both of them were ripped out and just sitting on the ground. My neighbor told me that he accidentially hit them with his plow truck. I walked up and down the street, every marker on the street has been hit/disturbed. It's as small street and I know this guy has been voluntarily maintaining the snow. I went looking for documentation as to where the property lines are and I found some aerial photos that show his garbage cans and some of his junk is on my land. I asked him if he knew where the line was and he told me something completely inaccurate, so I know I can't trust the guy. I don't want to start a feud but I also won't allow this guy to steal my land if it's possible. 2) If there is a law that allows someone else to steal land, I want to know if I should prioritize getting my land surveyed? If this guy can take legal ownership of my land, I want to do something before it's too late. I thought to have the local police issue a no trespass order that way if he tries to say he's been using my land he'll be in violation of the no trespass order. Any ideas or advise is welcome. Thanks in advance, A concerned NH resident.
  12. Thanks Fallen, I wasn't sure if making a change to company protocol was illegal or not, based on your response I can assume that it is not. My employer's review and raise process is what I described, however the position I was hired for is more specialized than many of the other people hired at the time I was. I found my employee handbook and read the section covering the 6 month temporary position and the annual review. They state that a review is due at 6 months and every year after that annually but there's nothing in writing about the raise part (smart business). I imagine because my position is more specialized than many others in the company that the orientation meeting I sat through was meant more for the lower level people than it was me. Either I have to accept it or move on. Moving on is more likely because I don't want to continue a relationship that started out this way. As far as I'm concerned if someone sets an expectation they should meet it, or risk looking like a deceptive business partner, which is what my employer has done. I'm off today for an interview, it went well and pays significantly more and they gave me the offer in writing. This new company I met with today seems more on the up and up and may be a better fit. I guess I'll chalk my experience with my current employer up as a rebound job and use the time I set aside Friday to let him know I'm moving on. The reason I was asking a question on here is because of my understanding of law. What I see are the damages that I've incurred as a result of not receiving that raise I was promised at the time I accepted the position and that I was treated differently than others within a large orginazation. If they weren't neglegent and did not break the law then they cannot be at fault for the damages. I wasn't sure if that was legal or not, from your reply I can assume that it is, thanks for the answer. I have to get going, have a resignation letter to write. Thanks again, Sly
  13. I was laid off in October 2012, I got a new job in January of 2013. When I was hired the Human Resources department handled the negotiation of my salary and extending the job offer to me over the phone, nothing in writing. I was told $X, but the employment was temporary for 6 months. After the 6 month period if they liked me they would do a formal review and I would receive a 3% to 5% increase. If they did not like me I would be terminated at the 6 month mark. The director of my department is and has been praising me, but at the 7 month mark when I didn't receive my review and I asked about it he acted like he didn't know what I was talking about. When I told my boss that I was told about the review process first by Human Resources then again in a group of 30 people during a new hire orientation he said that it doesn't apply to me and I'm not getting a review or raise at 6 months. I spoke to a few different people in my department, all of them got a review and a raise at the 6 month mark and every year annually. I also spoke to people in different departments, everyone got the same thing, except me. Everyone told me that their review was late and that they got paid backward from the day their review was due in a lump sum. It's been 13 months and I still haven't had my review, I'm asked my boss for a 1 on 1 meeting this Friday and I intend on asking for a raise because I need it desperately. I used all my savings paying bills and I'm looking at credit card bankruptcy if I don't see a raise and a good one soon. During one of our meetings some time ago he mentioned that our department was over budget. I imagine his budget issue is why I didn't receive a raise or a review but the company made money last year and everyone else that was hired to do different jobs around the time I was hired isn't in my shoes. What can I do?
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