Good morning!!!!

[Thomas]

Ron.
"Going to be off sick for a few days. "
We'll leave the light on...the best to you.

 

[Thomas]

Buppies.
"Thomas I believe you folks are in for a wild ride lots of beach erosion along the NE coast and interior to get hammered with snow rain on coast eventually turning to snow and the storm may due the loope to do and keep pounding you thanks to the Greenland Block ie Negative NAO"
...................
Well now that's a kick in the back pockets.

 

[lostcreekranch]

Good morning all!, not to chilly this morning, only down to 38, going up to 58. Supposed to get windy again tonight and tomorrow. Considerably colder tomorrow, only to 43, then rebound up to 52 on Thursday. Weather can't make up its mind.

Couldn't wait any longer... went out yesterday and started making up the laminated beams for my project. Knee started screaming after a few hours, so called it quits. Not too bad pain this morning, so gonna go out again and work until the balance between pain or fatigue occurs. Never been one to sit and "nurse" a problem, more like "just walk (or work) it off". Some things like the flu or illness, no, get sleep / rest, but a physical injury, work through it. May be good or may be bad..don't know.

Got caught up in reading two long threads here related to property easements, property lines, etc. Scary stuff how the courts proceeded and didn' even uphold their own decisions. So with that in mind, I may have a problem that could be nothing, or could arise and bite me in the arse. Here goes:

The property adjoining our 5 acres has a fence that is on our property 2', at approx 330' from the shared property corner. This fence was installed by the previous owner about 4 years ago. He sold the home / property 2 years ago to a retired couple, they have not moved here yet, trying to sell their farm first. Shortly thereafter, about a year and a half ago, I subdivided my property, and in the survey process, found out about the fence line issue. I called them and advised them of the fence problem. They "told" me "you can take down the fence, we were going to take it down anyway". So here's the issues: 1) I don't have anything in writing about removing the fence. 2) Do they want me to take down the fence so they can say- you took down the fence, now you have to put it back up! 3) since it is on my property, can I remove it legally w/o any ramifications? 4) are they just ok with it and really don't care if I take it down? 5) If I send them paperwork to sign getting written permission to remove the fence, I don't want to piss them off, making a bad neighbor before really becoming neighbors.
I don't mind removing the fence, just gives me tractor time. I have been "burned" before going on people's word, 99% of the time no, but I am a little concerned with this situation.

Prayers out to those needing them. Hope everyone continues to get better from illness.
Have a great day, be safe!

IMHO, you should get advise from a real attorney, in your area, who is familiar with property laws in NM. How to address property line “issues” will vary state by state. Good luck and we all hope you get your 2’ back.

 

[PJSprog]

Got caught up in reading two long threads here related to property easements, property lines, etc. Scary stuff how the courts proceeded and didn' even uphold their own decisions. So with that in mind, I may have a problem that could be nothing, or could arise and bite me in the arse. Here goes:

The property adjoining our 5 acres has a fence that is on our property 2', at approx 330' from the shared property corner. This fence was installed by the previous owner about 4 years ago. He sold the home / property 2 years ago to a retired couple, they have not moved here yet, trying to sell their farm first. Shortly thereafter, about a year and a half ago, I subdivided my property, and in the survey process, found out about the fence line issue. I called them and advised them of the fence problem. They "told" me "you can take down the fence, we were going to take it down anyway". So here's the issues: 1) I don't have anything in writing about removing the fence. 2) Do they want me to take down the fence so they can say- you took down the fence, now you have to put it back up! 3) since it is on my property, can I remove it legally w/o any ramifications? 4) are they just ok with it and really don't care if I take it down? 5) If I send them paperwork to sign getting written permission to remove the fence, I don't want to piss them off, making a bad neighbor before really becoming neighbors.
I don't mind removing the fence, just gives me tractor time. I have been "burned" before going on people's word, 99% of the time no, but I am a little concerned with this situation.

From my own experience with what my Wife's Grandmother went through over a fence issue, I would suggest you get it in writing. Even if you are 100% in the right legally, that doesn't mean you can't get tied up in court for years over a squabble. Our (former) neighbor was 100% wrong, the courts said so, and it still took almost 7 years to get the case completely closed ... which finally happened last summer, over a year after her Grandmother died, when the family just dropped the pursuit of the case. Fence was moved, but restitution as ordered was never made.

The more you have to support your case, the better you will be if they decide to disagree with what you did.

 

[freedomlives]

LS mt125 owner -- good luck getting that figured out. I guess one question would be-- if the fence is pretty new, how would they gain from making you put it back up? I'm reading the book "12 Rules for Life" by Jordan Peterson, and he does point out that some of us can have pretty naive views about other people, assuming good in them that isn't there, so I suppose it is possible that some people would just want to cause someone else trouble, but I just don't see what would be in their advantage to do that to you.

Good fences, set directly on the survey line, make for good neighbors and prevent confusion, no?

 

[LS Tractor Owner]

LS mt125 owner -- good luck getting that figured out. I guess one question would be-- if the fence is pretty new, how would they gain from making you put it back up? I'm reading the book "12 Rules for Life" by Jordan Peterson, and he does point out that some of us can have pretty naive views about other people, assuming good in them that isn't there, so I suppose it is possible that some people would just want to cause someone else trouble, but I just don't see what would be in their advantage to do that to you.

Good fences, set directly on the survey line, make for good neighbors and prevent confusion, no?

I agree about the fences. The only benefit that I could see them getting is not having to pay someone to put the fence back up, or to get a " better fence". Other than that, no real benefit that I can figure.

On the other note: I had a previous neighbor, young newly married couple. We were on a well share at the time. Well was a low producer and conservation was a must. They would just abuse the water and run it dry almost on a daily basis. After about a year, they wanted to sell the house, unfortunately the well "wouldn't support" 2 households (no duh). They came to us and offered "half" of what a new well would cost in order to get us off of the well share. I took them on their word, laid out the $12,000 for a new well. The day the well drillers were done, they called and said: "now that you drilled a new well, you're automatically off the well share and we're not going to pay one cent!" Fortunately for us, we never actually hooked up to the new well...a good loophole...State of NM states I can drill 50 wells, as long as I'm not hooked up, the well share still is in place. Told them that information and they would come out the house to open all the faucets trying to run the well dry so we didn't have any water. (They weren't living there at that time). Contacted our attorney, he told us to cut THEIR line from the well and just use the well. Advised that it was legal to do so under NM "self help law". The neighbors couldn't figure out what was going on... They would come by and "scope out the place", going in their home for a few minutes, I guess to check if the faucets were still open, wondering why I didn't call them about the water. After a long legal battle, they lost the house to foreclosure and filed for bankruptcy.

 

[ronjhall]

Ron.
"Going to be off sick for a few days. "
We'll leave the light on...the best to you.

... and as for remembering what everyone posts here ... there's not going to be a test is there? Because I didn't study. My dog ate my homework. My book was still in my locker. I forgot. (sounding a lot like a certain someone I know) :laughing:

It's PJ's fault. He mentioned TEST.

 

[LS Tractor Owner]

Thanks for the advice guys! Kind of reinforced what my 'little voice inside' was telling me to do. I think I'll start small and send them a letter to be signed and notarized. If it needs to escalate, I'll go from there.

Thanks again!

 

[jbrumberg]

LS- I would recommend sending that letter certified with a return receipt......... Just in case :wink:

Its sad that so many transactions nowadays need a lawyer's and/or lawyers' involvement for personal protection from potential litigation related to the transaction.

Good luck with the process.

 

[sodamo]

67°F and another .72 inches rain.

Cansda Dave has had a brisket on the Primo all night. Target is lunch time.

Prayers for all.

Enjoying the pics and learning new stuff.

When I worked with my Dad the electrician you can believe cover plate screws were always straight up and down, still a habit of mine.

Be safe
Have a great day