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.