How Property Boundary Line Disputes Arrise

Assessing property boundaries is both an art and a science.

Disputes regarding property boundaries can arise for a number of Property Boundary Dispute in Belmontreasons. Properties can be difficult to survey. Rough terrain and human error may lead to miscalculation. Older boundaries may have been determined with poor instrumentation.

One common boundary-related problem occurs when a gap of land–known in the surveying industry as a hiatus–is found between properties and does not belong to either party. These gaps, as well as boundary overlaps, tend to occur when properties are resurveyed and discrepancies are found in either a subsequent survey (the junior survey) or with the original survey (the senior survey).

The federal courts have settled many property boundary disputes. Over time, established procedures have evolved for resolving these discrepancies.

In U.S. v. Weyerhaeuser Company (1967), the 9th Circuit Court decided that discrepancies in surveys did not matter and that the original monuments– the permanently placed survey markers in the ground–marked the boundary, and any resulting hiatus was deemed public land. The courts have consistently determined that hiatus land shall remain in the public domain.

Cases regarding overlaps are more complicated. Courts have consistently said that when two officially accepted surveys conflict, and the result is an overlap, the survey that is senior in time takes precedent.

When it comes to court cases involving property rights, the concept of “first in time, first in right” is firmly established. In Wirth v. Branson (1878), the U.S. Supreme Court made it clear that once a property had been patented (title of ownership confirmed by the government) the government cannot convey that land to any second party.

The information contained in this article is educational and intended for informational purposes only. It does not constitute real estate, tax or legal advice, nor does it substitute for advice specific to your situation. Always consult an appropriate professional familiar with your scenario.

 

PROFILE of a BELMONT HOME SALE

What was the profile of the average home that sold in Belmont last year?

  • The average home which sold had three bedrooms, two baths was 1,925 square feet in size and was located on a 6,430 square foot lotSold Home Sign
  • It sold for $879,450 in 44 days

BELMONT STATISTICS for 2011

 

  • There were 186 single family home sales in 2011
  • The average time a home was on the market before the seller received an offer was 44 days
  • 32% of Belmont homes sold over the asking price in just 19 days
  • 11% sold at the seller’s asking price in 29 days
  • 57% sold under the asking price and took 60 days to do so
  • 103% was the percent of the asking price the sellers received who sold their homes in 19 days
  • 96% was the percent of asking the sellers whose homes were overpriced received in 60 days

It becomes abundantly clear that the last thing any seller should want to do is overprice their home, yet more than half of the homes sold in 2011 were overpriced. These sellers also had to lower their asking price by on average $61,000 and then received 7% less for their homes than ones priced correctly.

If you are considering selling your home this year, choosing a local agent who knows the values in Belmont and then of course listening to what they tell you will go a long way towards putting more money in your pocket.

The information contained in this article is educational and intended for informational purposes only. It does not constitute real estate, tax or legal advice, nor does it substitute for advice specific to your situation. Always consult an appropriate professional familiar with your scenario.

 

 

Belmont Greek Festival – Free Tickets Just for Asking

It’s that time of the year again for the Greek Festival in Belmont.

Each Labor Day weekend the Greek Orthodox Church hosts its annual Greek Festival at the Church of the Holy Cross at the corner of Ralston Avenue and Alameda de las Pulgas. This year, the Greek Festival in Belmont will be held September 3th-5th 2011- Saturday, Sunday from 12:00 PM to 10:00 PM and Monday noon-8:00 PM . If you love to try great food and spirits you’ll be in heaven. The Greek Festival never disappoints when it comes to entertainment for the whole family.

As a supporter of the Greek Festival, we have complimentary tickets for you and your family. Simply use this form to request your tickets and we’ll get them to you A.S.A.P.

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Here’s some more information on the event from their web site…

Find the meaning of kefi (joy) in this three-day true Greek extravaganza. The Belmont Greek Festival will feature delicious Greek meals and desserts, nonstop music and dancing, exciting exhibition folk dancing, choral folk singing, a captivating mythology play, a fun children’s amusement area, and children’s entertainer Andy Z.

Up to 20,000 people are expected to attend, festival organizers said. All guests will receive a special 40th Anniversary commemorative program book containing articles about Greek culture, recipes, Greek language phrases, information about the festival’s history and photos from past festivals.

“Greeks are famous for their hospitality,” said Festival Co-Chair Gary Brenner. “Our Belmont festival was the first Greek festival in Northern California, and we’re so proud to welcome guests of all ages to our 40th celebration weekend.

“It all starts with lots of fantastic, mouth-watering food and drink,” Brenner continued, “and it keeps on going with the fun and excitement of our dancing, music and theater. Before you know it, you’ll be shouting, ‘Opa!’ just like the Greeks.”

Some of the favorite festival menu items will include souvlakia (Greek shish-kebab), barbecued lamb chops (with special Greek seasonings), spanakopita (spinach and cheese stuffed inside layers of filo pastry) and dolmades (grape leaves wrapped around ground beef and rice). Not forgetting the best Greek salad west of Athens, and roast lamb – the festival will feature 10 spit-roasted whole lambs turned for hours by hand before visitors’ eyes!

There will also be traditional homemade Greek pastries such as loukoumades (doughnut holes covered with honey), baklava (layers of nuts and filo pastry soaked in honey), kourambiedes (crescent-shaped butter cookies covered with powdered sugar) and galactobouriko (filo pastry filled with custard and covered with syrup).

Visit the taverna to sample Greek libations such as ouzo (anise-flavored aperitif), retsina wine and Metaxa brandy, and enjoy special wine tastings featuring Greek and American labels. Draft microbrewery beer and bottled Greek beer will also be offered to complement your meal, or just enjoy a glass sitting on the plaka (central plaza) while watching fellow visitors dance.

Cooking demonstrations will be offered daily – learn the secrets of Greek cooking and bring the benefits of a Mediterranean diet home!

Visitors also will enjoy continuous music from a live Greek band so they can dance the traditional kalamatiano, tsamiko, zeimbekiko and other Greek dances. The amazing “Sons of Ulysses” will dazzle the audience by lifting tables and chairs with nothing but their teeth!

In addition, several award-winning folk dance groups will perform throughout the weekend in their colorful, hand-made costumes. In an outdoor amphitheater reminiscent of the ancient theaters of Greece, children and adults alike will enjoy a special drama production featuring the heroes and villains of Greek mythology. The popular Festival Singers and Folk Ensemble will also perform Greek folk songs in the amphitheater.

Look for the Fun Zone children’s area in the shadow of the windmill, boasting games, rides, bouncy castles, crafts and more, just for young people. Don’t miss nationally-known children’s favorite Andy Z, a local singer-songwriter-guitarist who brings his award-winning show to the amphitheater on Saturday and Monday.

Tours of the award-winning Byzantine-style church, including the recently-installed mosaic iconography, will be given throughout the weekend, and the Holy Cross Church Liturgical Choir will sing during the church tour on Sunday at 2:00 PM.

Speak Greek? Visit the Greek Language School’s cultural booth, malista (yes)! Other festival highlights will include art, clothing, jewelry and gift boutiques, as well as religious icons and a bookstore.

The Church of the Holy Cross supports many charitable groups throughout San Mateo County, and each year, the church donates a portion of the festival proceeds to several local charities. Previous recipients of festival donations have included Samaritan House, Interfaith Network for Community Help (INCH), Children’s Advocacy Council, local schools and churches and the Belmont mayor’s choice of charity. In addition, Holy Cross Church sponsors several children from the Children’s Receiving Home of San Mateo County as special guests of the festival.

The hours of the Belmont Greek Festival are Saturday, September 4, and Sunday, September 5, from Noon to 10 PM, and on Monday, September 6, from Noon to 8 PM. The Fun Zone for children closes at 7:00 PM all three days. The Agora (our "White Elephant" room) closes at 6:00 PM all three days.

Admission is $5 for adults and $2.50 for seniors and youth ages 13-17. Children 12 and under are admitted free, accompanied by a parent or guardian.

For more information, explore their website further, or call (650) 591-4447. Yassou!