MARKING/FENCING TOWN BOUNDARIES
Happy Friday!!
A small municipality that I represent would like to erect a fence surrounding the town to signify the boundaries/city limits. I have been advised that there are several maps that have varying boundary lines so I don't believe that there has been a recent survey done of the town. I assume that establishing the correct boundaries/property lines would be the first step and that would be achieved by having a professional land survey conducted; however, I may be incorrect since this isn't anything I've done before. I'm not sure how to advise the town to proceed with this endeavor and would appreciate any advice/information. Has anyone done this before or something similar? Does anyone have an idea of what it would cost to have a land survey done of the town? What is required to proceed after the boundaries are established?
Thanks in advance for any guidance you're able to provide me in this matter.
Law Office of:
Andrew Nestor, III
312 West Broadway
Drumright, Oklahoma 74030
918.352.9700
918.352.9702 -Fax
law@anestorlaw.com - email
http://www.anestorlaw.com
(A) This communication is covered by the Electronic Communications Privacy Act, 18 USC §§ 2510-2521, and other applicable state and federal law. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately be e-mail and delete all copies of the message. (B) This communication is not intended to nor does it create or confirm any attorney-client relationship.(C) IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).
The cost of a survey will depend on the size of the Town. I suspect it will be prohibitive. The Town does not have the right to place a fence at the boundary unless the Town owns the property or has an easement. Even a 6 inch easement with a 10 foot temporary construction easement would be prohibitive to most towns. The cost of maintenance of the fence could be significant. As for establishing the boundaries, it can be done with the land records, but even a stand-up would be very time-consuming. The gold standard is a title opinion on each parcel with a survey of the location of the fence. There are probably a lot of compromises that could lower the cost, but each carries some level of complexity and risk.
Good Luck!
Mark H. Ramsey
For the Firm
Taylor, Foster, Mallett,
Downs, Ramsey & Russell, P.C.
P.O. Box 309
Claremore, OK 74018
918-343-4100
918-343-4900 fax
mramsey@soonerlaw.commailto:apixley@soonerlaw.com
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From: law@anestorlaw.com law@anestorlaw.com
Sent: Friday, October 15, 2021 1:17 PM
To: oama@lists.imla.org
Subject: [Oama] MARKING/FENCING TOWN BOUNDARIES
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Happy Friday!!
A small municipality that I represent would like to erect a fence surrounding the town to signify the boundaries/city limits. I have been advised that there are several maps that have varying boundary lines so I don't believe that there has been a recent survey done of the town. I assume that establishing the correct boundaries/property lines would be the first step and that would be achieved by having a professional land survey conducted; however, I may be incorrect since this isn't anything I've done before. I'm not sure how to advise the town to proceed with this endeavor and would appreciate any advice/information. Has anyone done this before or something similar? Does anyone have an idea of what it would cost to have a land survey done of the town? What is required to proceed after the boundaries are established?
Thanks in advance for any guidance you're able to provide me in this matter.
Law Office of:
Andrew Nestor, III
312 West Broadway
Drumright, Oklahoma 74030
918.352.9700
918.352.9702 -Fax
law@anestorlaw.comhttps://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Flinkprotect.cudasvc.com%2Furl%3Fa%3Dhttp%253a%252f%252flaw%2540anestorlaw.com%26c%3DE%2C1%2Cb2kKaF71Z9Tw4SHIJOLMFRkvPCG8zgGtBGOfp06mol1IybI5ebmYZ4dOrJrLBBJX34fwrYMlpRhh7yEeBIY2MT2BESp60vN-2w67vYwcm0Mio4R1TubgOk8kbG8%2C%26typo%3D1&data=04%7C01%7Cmramsey%40soonerlaw.com%7C78de5a3e45904687887308d99007fa2f%7Ccd3766af25f04fe2829ce96eb13be37c%7C0%7C1%7C637699186211283020%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C2000&sdata=70iFCk0EI8C4CG4i2lWvHPeMMWHvWW72%2FFj03BxB9FA%3D&reserved=0 - email
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(A) This communication is covered by the Electronic Communications Privacy Act, 18 USC §§ 2510-2521, and other applicable state and federal law. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately be e-mail and delete all copies of the message. (B) This communication is not intended to nor does it create or confirm any attorney-client relationship.(C) IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).
That sounds like an idea from people who know NOTHING about property law. HORRIBLE idea that will waste a significant amount of public money. Post some boundary maps in front of town hall
Lou Ann Moudy
This message contains attorney-client information and is considered confidential
From: law@anestorlaw.com law@anestorlaw.com
Sent: Friday, October 15, 2021 1:16:52 PM
To: oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] MARKING/FENCING TOWN BOUNDARIES
Happy Friday!!
A small municipality that I represent would like to erect a fence surrounding the town to signify the boundaries/city limits. I have been advised that there are several maps that have varying boundary lines so I don't believe that there has been a recent survey done of the town. I assume that establishing the correct boundaries/property lines would be the first step and that would be achieved by having a professional land survey conducted; however, I may be incorrect since this isn't anything I've done before. I'm not sure how to advise the town to proceed with this endeavor and would appreciate any advice/information. Has anyone done this before or something similar? Does anyone have an idea of what it would cost to have a land survey done of the town? What is required to proceed after the boundaries are established?
Thanks in advance for any guidance you're able to provide me in this matter.
Law Office of:
Andrew Nestor, III
312 West Broadway
Drumright, Oklahoma 74030
918.352.9700
918.352.9702 -Fax
law@anestorlaw.comhttp://law@anestorlaw.com - email
(A) This communication is covered by the Electronic Communications Privacy Act, 18 USC §§ 2510-2521, and other applicable state and federal law. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately be e-mail and delete all copies of the message. (B) This communication is not intended to nor does it create or confirm any attorney-client relationship.(C) IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).
Completely agree with the responses. Not a responsible use of taxpayer money and I’m not even sure of the purpose. The survey costs would probably be fairly significant and the maintenance would pose a burden on everyone going forward.
If the governing body is dead set on identifying boundaries, I might recommend they consider using GIS coordinates to mark certain points and seek landowner approval to allow a small sign or stake that can be replaced fairly inexpensively. I can see the need for identifying municipal limits on roadways entering/exiting the town, water line limits, etc. In my opinion, the town would be better served contracting with someone to map the boundaries, water and sewer lines, utility easements, fire hydrants, etc. Now that is something extremely useful for decades.
On Oct 15, 2021, at 5:30 PM, Lou Ann Moudy louann@moudylaw.com wrote:
That sounds like an idea from people who know NOTHING about property law. HORRIBLE idea that will waste a significant amount of public money. Post some boundary maps in front of town hall
Lou Ann Moudy
This message contains attorney-client information and is considered confidential
From: law@anestorlaw.com law@anestorlaw.com
Sent: Friday, October 15, 2021 1:16:52 PM
To: oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] MARKING/FENCING TOWN BOUNDARIES
Happy Friday!!
A small municipality that I represent would like to erect a fence surrounding the town to signify the boundaries/city limits. I have been advised that there are several maps that have varying boundary lines so I don't believe that there has been a recent survey done of the town. I assume that establishing the correct boundaries/property lines would be the first step and that would be achieved by having a professional land survey conducted; however, I may be incorrect since this isn't anything I've done before. I'm not sure how to advise the town to proceed with this endeavor and would appreciate any advice/information. Has anyone done this before or something similar? Does anyone have an idea of what it would cost to have a land survey done of the town? What is required to proceed after the boundaries are established?
Thanks in advance for any guidance you're able to provide me in this matter.
Law Office of:
Andrew Nestor, III
312 West Broadway
Drumright, Oklahoma 74030
918.352.9700
918.352.9702 -Fax
law@anestorlaw.com - email
http://www.anestorlaw.com
(A) This communication is covered by the Electronic Communications Privacy Act, 18 USC §§ 2510-2521, and other applicable state and federal law. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately be e-mail and delete all copies of the message. (B) This communication is not intended to nor does it create or confirm any attorney-client relationship.(C) IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).
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Not sure if this might help, but municipal boundary maps are available on the OTC website. They aren’t always current, but should provide a starting point.
MuniViewer (ok.gov) https://otcportal.tax.ok.gov/muniviewer/index.php
Kim Spady
Hinton, OK
From: Law office bradcarterlawoffice@gmail.com
Sent: Friday, October 15, 2021 6:45 PM
To: Lou Ann Moudy louann@moudylaw.com
Cc: oama@lists.imla.org
Subject: [Oama] Re: MARKING/FENCING TOWN BOUNDARIES
Completely agree with the responses. Not a responsible use of taxpayer money and I’m not even sure of the purpose. The survey costs would probably be fairly significant and the maintenance would pose a burden on everyone going forward.
If the governing body is dead set on identifying boundaries, I might recommend they consider using GIS coordinates to mark certain points and seek landowner approval to allow a small sign or stake that can be replaced fairly inexpensively. I can see the need for identifying municipal limits on roadways entering/exiting the town, water line limits, etc. In my opinion, the town would be better served contracting with someone to map the boundaries, water and sewer lines, utility easements, fire hydrants, etc. Now that is something extremely useful for decades.
On Oct 15, 2021, at 5:30 PM, Lou Ann Moudy <louann@moudylaw.com mailto:louann@moudylaw.com > wrote:
That sounds like an idea from people who know NOTHING about property law. HORRIBLE idea that will waste a significant amount of public money. Post some boundary maps in front of town hall
Lou Ann Moudy
This message contains attorney-client information and is considered confidential
From: law@anestorlaw.com mailto:law@anestorlaw.com <law@anestorlaw.com mailto:law@anestorlaw.com >
Sent: Friday, October 15, 2021 1:16:52 PM
To: oama@lists.imla.org mailto:oama@lists.imla.org <oama@lists.imla.org mailto:oama@lists.imla.org >
Subject: [Oama] MARKING/FENCING TOWN BOUNDARIES
Happy Friday!!
A small municipality that I represent would like to erect a fence surrounding the town to signify the boundaries/city limits. I have been advised that there are several maps that have varying boundary lines so I don't believe that there has been a recent survey done of the town. I assume that establishing the correct boundaries/property lines would be the first step and that would be achieved by having a professional land survey conducted; however, I may be incorrect since this isn't anything I've done before. I'm not sure how to advise the town to proceed with this endeavor and would appreciate any advice/information. Has anyone done this before or something similar? Does anyone have an idea of what it would cost to have a land survey done of the town? What is required to proceed after the boundaries are established?
Thanks in advance for any guidance you're able to provide me in this matter.
Law Office of:
Andrew Nestor, III
312 West Broadway
Drumright, Oklahoma 74030
918.352.9700
918.352.9702 -Fax
law@anestorlaw.com http://law@anestorlaw.com - email
(A) This communication is covered by the Electronic Communications Privacy Act, 18 USC §§ 2510-2521, and other applicable state and federal law. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately be e-mail and delete all copies of the message. (B) This communication is not intended to nor does it create or confirm any attorney-client relationship.(C) IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).
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