Posted: 7/10/07
No action taken by county board on Botcher Park property line dispute
By Charlie Warner
Argus News Editor
It will be a little longer before a property dispute between the county and Richard Chapel of Sheldon Township will be resolved. The Houston County Board listened to more testimony concerning the issue during its July 3 meeting, but declined to make any decision until it receives an opinion from County Attorney Rick Jackson.
Some history
Attorney Tim Murphy, representing Chapel, brought the issue before the board of commissioners at their June 19 meeting.
According to Murphy, the Chapel family has owned property in Sheldon Township for three generations. A number of years ago, the Botcher family gave a section of land to Houston County to be used as a nature area. The land given to the county abuts Chapelís property.
The dispute surfaced when the countyís property, known as Botcher Park, was surveyed. According to the survey, a fence line which the Chapels have maintained for many years and about 15 acres of land they have farmed and logged, is actually part of Botcher Park.
Murphy feels the situation could be deemed "implied ownership," where someone occupies, uses, and maintains the property as if it was his or her own for more than 15 years without any objection from the rightful property owner. The party using the land can acquire the title to the property by adverse possession.
At the July 3 meeting
Chapelís daughter Patty Van Gundy, Houston, provided the board with photos and additional history of the property in question. One photo, taken about 50 years ago, showed the fence line in question, and indicated the Chapels had utilized the land on both sides of the fence.
According to Van Gundy, the Chapel family owned the Sheldon Township farm that her great grandfather split up, with a relative retaining possession of one farm. No legal survey was conducted when the original farm was split up. The Chapel family used the land on both sides of the fence line for decades.
"Our family has used that land (the acreage in question) for many years," Van Gundy said. "Iím 53 years old, and as far back as I can remember, that was part of our family farm. This land is very important to our family, and we feel under the guidelines of implied ownership, that land should be ours.
"Bob (Botcher) wanted to give his property to the county for kids to enjoy," Van Gundy continued. "But he wouldnít have wanted the land to be divided like this. The Botchers never used the property inside that cattle guard," she added, pointing to one of the photos. "Apparently, the legal description was never done right."
Van Gundy added her father would be willing to pay for a new survey that would show the property lines the way the Chapel family feels they originally were.
Commissioner Larry Connery stated he appreciated Van Gundyís input and noted, "I feel your father is entitled to a timely response with this issue. But our county attorney needs to review this and make a recommendation to us. We just canít give away county land without having a proper legal description and having it reviewed by the county attorney." Connery suggested Chapel and/or Murphy to send a letter the Jackson explaining Chapelís stance and what he would be willing to do (as far as paying for a new survey).
Van Gundy indicated she would take the suggestion to her father and added she hoped the county could settle the issue in the very near future.
"This is something very important to our family. We need to have this resolved," she added.
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