Got a wee bit of a property line issue

[powerpace]

First of all he is disrespectful of you and your property. If they knew there was a particular tree splitting the line then he willfully overstepped his bounds by putting the fence too far on your side. He is not worried about your rights only his by stating "your taking away his privacy".

Get it resurveyed and refenced soon before he can cause real "neighbor" problems.

 

[tractorshopper]

I'm with the others, I'd have him either sign something notorizing that he knows his fence is not on his property or frankly, you'd be better off having him move it at this time. Being neighborly, you could offer to help him dig it up and relocate it together so you're in on the process of determining where it strays from the line to go around trees and make sure it is acceptable to you.

 

[deathtoblackberries]

There is also the problem of your neighbor may end up legally owning your land in 7 years by adverse possession. From the Florida law...

(2) For the purpose of this section, property is deemed to be possessed if the property has been:
(a) Protected by substantial enclosure;

(b) Cultivated or improved in a usual manner; or

(c) Occupied and maintained.

 

[Ted Summey]

First, I agree that your neighbor has willfully infringed on your property by taking advantage of a verbal agreement with your wife.

The sooner it is documented and communicated to the neighbor the better. You can try a certified letter from you first. Then use an attorney to write his version.

Resolve it soon by having the neighbor either remove the fence or move it to the property line according to the survey.

You can be businesslike in your approach and still be "nice". You don't have to be disagreeable to get the property law enforced just firm, polite but businesslike. In conversation with your neighbor never lose your businesslike approach even when he does. If he can't converse about the issue in a businesslike manner, terminate the discussion and escalate to your next legal option. All advice I am certain you know.

 

[impdaddy]

No such thing as a 'wee property line issue' take everyone's advise and get the survey done, move the fence and go on with life, no matter what happens with neighbor. Been there done that. Court cases suck.

 

[Kyle_in_Tex]

It reads like your wife gave him permission if I'm reading it correctly. Get it surveyed and marked and move the fence within a few inches of it. Ask him if he'd like to help. labor wise or financially.

 

[tractorshopper]

Kyle, I read it that way too, but there's a big difference between her implying to go around a tree and moving the fence 20'. That is why I believe the OP should act quickly though in resolving this issue and correcting the neighbor's mistaken understanding of what his wife meant to imply.

 

[J F]

Move the fence 20' over onto your neighbors' side of the property and see what happens.


Then just tell them you'll split the difference...problem solved.

 

[forgeblast]

I think that his comment you removing brush is really "oh no now I'm caught". With the brush there is was not as obvious. Now you can see what he did. I would resurvey it, and then decide.

 

[CliffordK]

I've heard about that 7 year rule.
But, I've never heard of it applied.

Around here, whenever there is a property dispute, it generally goes back to the original survey.

What is the definition of "maintained"? Some people like "natural". Some people want it to look like Central Park NY.

 

[the old grind]

My ten+ came with the legacy of a somewhat unresolved property line dispute. Divided many decades ago (post-war IIRC) based on 'those tree lines' vs an actual survey, 700' of my shoreline 'out back' was actually on a neighbor's side, sorta giving him access/control. Unfortunately for him his house 'up front' was built 10' onto what was, by MI law, part of my turf despite the mixup and time he'd lived on it.

According to MI law, that his house had been built so long ago didn't matter. When he sued my stake's PO (and lost). The court said he would need expressed permission to even repair (roof, paint, etc) the part that was actually in my yard. 'Squatter's pipe-dream', yes. 'Squatters rights', no, having been decided in MI courts long ago. Being the great neighbor that he is I had no trouble negotiating/recording new boundaries based on the tree lines after all. Now he gets to keep his house up and I get to trap all the shoreline adjacent to his woods & orchard.

Every state has its own rules. Our township gave me (us) a big pat on the back for resolving the issue when I bought/settled. Guess they knew what sort of problem this would have been if it dragged on. Stake your claim now and assert your rights to keep it out of the courts.(!) If the neighbor doesn't like what you know is proper, let HIM pay for another survey and plant his own 'screen'. (what, .. he doesn't like minis????)

btw: I've had neighbors on the other sides mow & add parking areas (gravel) into my yard. The one that beefed loudest paid for a survey, duplicating the one from the lawsuit, and now has to scalp just his own yard vs a part of mine. I offered to sell him some more at $50/ sq ft but he wasn't very interested.

 

[Dr_Zinj]

Yeah, I can sympathize. I have to hire a surveyor to reestablish my back line where a neighbor built their new home. They started with a mistaken belief they owned all the way to the water, when the reality is I own 50 to 100 feet up the hill from it. If I don't get it nipped in the bud quick, they can try the "adverse possession" steal. That is one of the most diabolical laws on the books and really needs to be abolished. It legalizes theft.

 

[dmccarty]

Try not to get emotionally involved in the mess. It ain't personal. I realize this is easier said than done.

Also remember MDBARBs long story on TBN.

When we where buying our land I called the insurance company to find out what coverage we would have on the property. The lady on the phone lived in NC and she had family land that was partially lost through adverse possession. Nobody lived on the land in question anymore and a neighbor just started mowing over the line and took over a section of their land. The family either did not notice what was happening and/or said nothing. Eventually they lost a bit of their land.

Later,
Dan

 

[joshuabardwell]

Yeah, I can sympathize. I have to hire a surveyor to reestablish my back line where a neighbor built their new home. They started with a mistaken belief they owned all the way to the water, when the reality is I own 50 to 100 feet up the hill from it.

I cannot understand how someone can go to the expense and trouble of building a home without having a survey done to definitively establish property lines...

 

[DT86]

Move the fence 20' over onto your neighbors' side of the property and see what happens.

I doubt he'd think it is as funny as he does now.

 

[J F]

It's funny how that happens.

 

[dmccarty]

I cannot understand how someone can go to the expense and trouble of building a home without having a survey done to definitively establish property lines...

I have seen someone do just that. In fact, he took down the flagging. When the flagging reappeared, he took the flagging down again. The next owner did some building and did not know the location of the line either and built a fence without doing a survey.

Later,
Dan

 

[Stimw]

Get the survey and move the fence!
AND send him a bill for the property tax you paid on the land while it was there!
The nerve of some people complaining about how you manage YOUR property. Send him to the nearest nursery so he can buy what ever he wants for privacy.
As for the wife's conversation about the tree I would deny any knowledge of that.

 

[Pirate]

My neighbor was furious that I put a fence on the property line after I was worried that he was making it his by mowing, storing his split wood, etc.. I asked him why he was so pissed off because I wanted to use MY land the way I wanted too. It is a shame to this day he is still mad at me. So be it. This was a big strip of land I didn't want to lose. Besides, I'm not rich and still pay a loan on this place and when I refied for a lower rate, I had to swear on the bottom line that there were no encroachments. Well, there was at one point by 2 neighbors until I had the lines remarked and had the offending fences moved and set new rules for MY property.

 

[joshuabardwell]

I have seen someone do just that. In fact, he took down the flagging. When the flagging reappeared, he took the flagging down again. The next owner did some building and did not know the location of the line either and built a fence without doing a survey.

Seems like a heck of a gamble, unless you just like building fences and are dying for the chance to build it again.