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Trial court erred in land survey dispute

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Although a Starke Circuit Court correctly rejected a legal survey performed on land owned by a trust, the special judge did err by imposing two prior surveys to establish boundary lines of the property, the Indiana Court of Appeals held.

In Lane Alan Schrader Trust as Trustee under the Trust Agreement dated 16th day of November, 1999, and known as Lane Alan Schrader Self-Declaration of Trust v. Larry Gilbert and Nancy J. Malecki, 75A04-1112-PL-676, the Lane Alan Schrader Trust owned land that shared boundaries with land of Larry Gilbert and Nancy Malecki. Schrader wanted to operate a business out of a barn on the property, which required at least a 20-foot setback, and purchased the property based on the belief that the setback was in place. However, after buying the property, the trust had two surveys preformed, with both indicating that the setback was less than 20 feet.

Schrader had a legal survey performed on the property by Torrenga Surveying, which indicated there was a 20-foot setback and this survey was recorded in the county recorder’s office.

The neighbors appealed, arguing that survey should be stricken from the office. The trial court determined the legal survey was defective for failure to use good surveying practices and imposed the two previous surveys. The Court of Appeals affirmed the striking of the legal survey, but reversed the imposition of the previous surveys.

The applicable statutory provisions require that strict notice provisions be followed, and there was no evidence that notice was given before the two previous surveys were conducted, Judge John Baker wrote.

“The trial court had three options: It could either accept the Torrenga Survey, order that a new survey be performed, or order the county surveyor to mark the boundary lines according to the trial court’s findings as supported by the evidence,” he wrote.

The judges ordered the trial court enter a new order consistent with this opinion.

 

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  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

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  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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