Got a wee bit of a property line issue

[Western]

I agree. Like others said, if he wants a privacy strip of trees and shrubs, it's on him to do it on his land.

Creating a lease, etc., etc., is just buying trouble down the road IMO. Something for lawyers to fight over, the wording, the implied this and that.

With Dave and Will on this one, this was no mistake, plain to see after what was said to your wife. I'd almost be tempted to have him pay to survey it, but I would get that done either way and resolve it post hast with him removing his fence. Wont be pretty thats for sure, but I bet he is a "sourpuss" whatever you do. People that think they own "my side of the view" are well,,,, dumb.... Privacy fence HELLOOO.

From what it appears, him removing that fence will help "your" view, looks like half the post go different directions and not accurately measure off

 

[sam5570]

Doug i admire you trying to be fair and nice, but as my wife and brother tell me all the time the nicer you are the more people will take advantage of you. there is no doubt in my mind that these people did this knowing what they were doing. i would like to think oterwize but not in today's world. one thing i hate is having to be aggresive with people but it's a way of life today. get your land back looks like you are going about it in the right way. good luck

 

[dave1949]

I think you are being too nice, and in doing so, creating problems. What is likely to happen is, 10 years from now, the row of trees you just cleaned out will be back. do you really want to take on the chore of enforcing lease conditions on your land behind his fence?

Being nice, in my view, would be to offer to sell him the strip of land if you don't need or want it. If he doesn't want to buy it, there is your answer.

 

[Western]

Being nice, in my view, would be to offer to sell him the strip of land if you don't need or want it. If he doesn't want to buy it, there is your answer.

:thumbsup:

 

[phiferpharm]

I do hear ya Dave - I want the original Survey guy to go over the survey with me, mark it out clearly, and explain any access/easement issues I should be aware of. Do I really need the strip of land - well yes and no. According to what I've been told County ordinance is you must have 20 acres of land to split a parcel. I have that, but don't know if the loss of that strip would affect that. I'm not planning on dividing the property, but as the only other neighbor I have on that side of the property is my son's 5 acres, he may want to do something with it when it becomes his land.

 

[DKCDKC]

Laws on property rights vary by state. Get the survey and ask an attorney if you intend to allow the fence to stand. In Virginia allowing another to use your land over time gives them permanent rights to the land, but you still pay taxes on it. We have several lots adjacent that were divided off a century ago, but that lost their access to the road shortly thereafter. They began using my family's land for a driveway, and still do - now paved. To be neighborly my folks - who owned a large farm - did nothing and now lawyers tell us the neighbors have rights to use that land that we cannot terminate. Being neighborly I've never ragged them about it (they are also descendents of the original owners). However, I do have one arrow left in the quiver. The current owners are old and will want to sell soon. Although their land has rights on my land, those rights are not written anywhere. No title company or mortgage outfit will approve financing land without deeded access. At that time they will want a quit-claim or something from me, and it won't be free.

 

[brin]

Fact is, if he installed the fence on your property, he was foolish, it seems it :2cents:is now your fence to do with as you please....

 

[Mousefield]

You have had some good input from other posters. I think you should not leave this issue long term, better to deal with it now. Best thing is if the fence is in the right place, NOT on your property. If you leave it on your side you might have bigger issues in a few years. :2cents:

 

[houstonscott]

If you can afford it, check survey and put up new fence on property line. Allow him access to remove and recover his old fence from your property under supervision by you or your agent. Give him 30 days to remove it or loose it.

HS

 

[CurlyDave]

...If you leave it on your side you might have bigger issues in a few years.

I guarantee that you will have problems in future years.

I don't care how "nice" you want to be, he is stealing your property and with that fence being the visual, apparent property line, what the deed says is almost secondary in many ways.

What happens when someone starts doing something dangerous or illegal on that land? The deputy who shows up is not a surveyor, and to him the fence line defines the property line.

Get in in the right place now.