Got a wee bit of a property line issue

[phiferpharm]

I've spent the last week clearing up saplings, brush, trees, etc., from an area that has been uncleared land on my property between myself and the nearest neighbor. While we were doing it, the neighbor said something to the fellow helping me that I was taking away his privacy, but never spoke to me, so I was gonna go speak with him once I got it looking better and explain I was gonna set it up as a relief pasture for my mini's. We plan on putting back in some controlled shrubs or perhaps even Pecan Trees.

Well, to make a long story short, when I got back towards his property, I realized that the new fence he had put in was slightly off - about 20 feet or more from the entrance to his property clear down to the lake (about 300 feet). I could be wrong, but I pulled out my survey and unless I'm reading it wrong, his 1.5 acres has enjoyed a pretty good expansion.

I asked the wife if he had said anything and she said he and the fellow who helped him put in the fence said there was a tree spliting the property line and she said, well just go to one side or the other of the tree... They did by 20 feet or so I think.

My thinking at this point is to ask the original surveyor (or company) who did the survey in 2007, to come out and confirm the lines with me, then speak with the neighbor if I'm correct and at a minimum sign that he is leasing the land for a dollar a year, but acknowledging he knows he is on my land. I'm sorry I angered him as far as his privacy, but then again, I'm not happy about the property line stuff.

I put up three pixs that may show you a little of the issue. The first photo is what I cleared, the second shows his new fence, and the third has the red arrow shows where the fence line from the property intersects the new fence.

 

[whistlepig]

It sounds like you are very respectful of your neighbors. Something that I admire. It is something that I strive to do. And I do have good neighbors. I think your idea of having the surveyor come out and confirm the lines is a good idea. A little unpleasant now but could be much more unpleasant down the road. In Ohio if someone takes care of the land for a certain amount of time (seven years as I remember) they can legally claim that they own it. That would make their mistake your mistake. And that's not a fair fight.

 

[CliffordK]

Just talk to him about the property line with the agreement that there are to be no outbuildings built within a normal offset from the true property line, and that when the fence is eventually replaced, it will be moved. Perhaps get it in writing with all interested parties signing (if possible).

It is not uncommon for fences to be off a little from the property line. When my parents built their back fence, they built it inside of where the old fence was. I'm not sure why, but it just seemed easier at the time, I think.

At a vacation lot in Crooked River, they purposely built their fence about 5 feet inside the property line to allow some "common land" around their property so people could walk or ride horses between the parcels if they wished. Unfortunately, the neighbors never saw it that way, and expanded their property to the fence that was inside the property line, thus blocking the intended walking paths.

While hay doesn't always like shade trees, animals sometimes do like it. It is a bit late now, but I would have left a few trees along where his house is.

It appears as if your neighbor's house is quite close to the property line, and he has cleared his land up to the not quite property line, but expected you not to clear yours to the same line. That seems a bit like a double standard.

If he wants trees/bushes/hedge around his house, then he should plant some ON HIS TRUE PROPERTY, not depend on the neighbor's plants/trees to remain forever.

 

[Willl]

Sorry, he's already overstepped. New fence. No questions.

 

[joshuabardwell]

I built all my fences just a few inches inside the marked property line. If there was a tree bisecting the line, I would go around the tree on my side. I can't imagine how, given the choice of putting the fence on his property or putting the fence on your property, someone would choose the latter. Fences are very expensive to put up and to move after the fact. I sure wouldn't want to be relying on your good graces forevermore that my fence didn't have to move--no matter what you or your wife said to me. I can't imagine what he was thinking...

 

[DT86]

Sorry, he's already overstepped. New fence. No questions.

I agree. I'm sure I have strayed a foot or two to either side of the line accidentally while building fence but 20' is unacceptable.

 

[deathtoblackberries]

Your taking away "his" privacy?? I have a nearly identical situation, first the neighbor installed a fence at least 20' into my property. My builder had it surveyed and made them move the fence. Then I swear the very first time I met her she said, "your taking away our brush line". I thought hey feel free to rip up your lawn and plant all the brush and blackberries and weeds you want on your side of the fence. :smiley_aafz:

 

[cletus99]

Property lines can be a pain with neighbors that want to cause problems. I have a pond in the back corner of my property that is shared by myself and two other neighbors. One of the neighbors seems to think that the entire pond is his for some reason. He called the Game Warden on my 16 year old son once because he said that he was casting his line over to his side of the pond. The Game Warden admitted to me that he thought the neighbor was being very ****, but the law was the law and asked us not to throw on to his side. He also said that the only way he could do anything to us was if he (the Game Warden) physically saw us cast on to his side, but that he had a lot of bigger problems to worry about than that.

 

[dave1949]

Sorry, he's already overstepped. New fence. No questions.

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.

 

[phiferpharm]

Thanks for the replies folks, some good points made. Clifford - you are correct on the shade trees and what the photo doesn't show is a strand of a half - dozen or so mature trees that will be on the inside of the new pasture fence. Whistlepig - thanks, I try to be and I even had the guy who worked with me on his Front-end Loader pack in a dumptruck load of clay/rock mix on the access road my son and this fellow use to access their properties. I don't use that road, but grammie has stuck her Cargo Van in the "T" when going over to babysit the grandkids one time too many.

DeathtoBlackberries - I do understand his desire for a break - but I also know my wife was not happy with two of the neighbor boys going into the area and shooting. She felt it was too close to our present pastures and some of the buildings. This does eliminate the area that was used for that. Like I said earlier, I am not looking to have the fence get pulled down now, but I want it clear - to both myself and the neighbor - who owns that strip.