Neighbor thinks he owns my land?

[strum456]

I suppose I left out an improtant detail. The neighbor went through a divorce. The wife got the house. I suspect her live in boyfriend is the one taking over.

 

[Carl_NH]

I agree with what is posted - no Atty needed, just use your PC and log into the county database and plot plans/maps. You should have plan #s and details and most of this is on line today. You can also go to the registry of deeds and get a plot plan too. All this is all at limited cost to you.

Everything being relative here, is their plot like 15 acres, and yours is 50 or more acres? It's sorta hard to define the lines exactly where 1 acre (the portion you believe they are trespassing on) boundaries are on two larger parcels.

However if they have say 2 or 3 acres this is relatively easy to know where the lines/bounds are and you can likely have a surveyor check those lines first at less cost than doing a 50+ ac parcel.

If it were me, I would get the map of each parcel, walk the land, and then talk to them. If they are indignant go the survey route.

Carl

 

[whistlepig]

You will have to run them off your land. Not a very pleasant thing to have to do. It's not your problem. It is theirs. Maybe later make friends with them. The burden is upon the trespasser and not yours.

 

[RobertBrown]

I agree with what is posted - no Atty needed, just use your PC and log into the county database and plot plans/maps. You should have plan #s and details and most of this is on line today. You can also go to the registry of deeds and get a plot plan too. All this is all at limited cost to you.

Everything being relative here, is their plot like 15 acres, and yours is 50 or more acres? It's sorta hard to define the lines exactly where 1 acre (the portion you believe they are trespassing on) boundaries are on two larger parcels.

However if they have say 2 or 3 acres this is relatively easy to know where the lines/bounds are and you can likely have a surveyor check those lines first at less cost than doing a 50+ ac parcel.

If it were me, I would get the map of each parcel, walk the land, and then talk to them. If they are indignant go the survey route.

Carl

Even better! Good post Carl. You could do that with a smart phone or a gps. You don't need a surveyor until that's done. Understand that your losses can be recouped by a lawyer but they will have to be significant.
Time is probably on your side here but don't procrastinate. get out there and do some investigating. And by all means be nice, real nice to the neighbor.

 

[JimRB]

Fresh orange flags at the corner pins and on the intermediate pins may give the neighbors a clue that there is a question or no longer should be a question of who owns the property. I am pretty sure the neighbors behind me do not know where the property pins are on our common fence line. I placed my new fence 13 years ago a little inside the pins on my side when John was living there. When John sold the property I do not recall seeing any new purchase survey flags but maybe they just did the corner pins. My 9 acres has about 700 feet in the middle of his 1400 foot south side. Since I have fence on all four side of my property the only question might be how much on my side of the pins my fence is.

 

[Wnc3]

Really, an attorney shouldn't be a last resort. If you don't have a family lawyer, finding one now wouldn't be a bad idea. Having a legal description, drawing and a couple photos should provide enough info for a quick consult.

This is what I meant by having a Lawyer,counselor,attorney or whatever you want to call them on "stand-by"

Nobody likes them, but everybody needs one.

 

[Soundguy]

I'd post it as no tresspass, then erec a 2 strand hi ten fence with some tape markers at palces people my cross on trails.

you need to make it so that whoever is using it does not get prescriptive control of that property..

I bought this section a couple years ago. It boarders our farm and was origonally part of our farm back when my grandfather bought it. I was fortunate enough to buy it back from who my grandmother sold it to.

The problem: A neighbor has been using a wooded acre or so as if it is theirs for some time now. They have a camp fire, a couple tree stands, and other stuff on what is now my propertly. The previous owner was older and likley not aware of any of this. I dont really even have a problem with these people using my property, even though I have never even talked to them before. If any of my neighbors want to use our property, they are welcome to use it as long as they dont run the hay down, steal, litter, etc.. Anyway, today is now the second time that they have blocked my quad trails with brush and debris. I also had a couple cooking grates stolen just recently. It seems as if these people are trying to keep me out of my own land. I found the corner stakes, and had my dad confirm that they were correct. I just dont understand why they are choosing to block my trails rather than asking me if it would be ok if they continue to hunt and camp. I am concerned that if I approach them, this will turn into a property line dispute or they will try squatting on me. Thoughts?

 

[strum456]

I already got all the records, found the stakes and took the measurements. I dont even know why I am having it surveyed, really. They have less than 2 acres, but are taking over almost that much of mine. Having my whole property surveyed would cost a lot more than I would like to spend, especially because I know where all the lines are. My origonal plan was to have the surveyor mark the line on that end really good and hope the neighbors get the hint. Do I need to go farther and post it or actually confront them about using my property?

1. I dont want to have the properly taken from me.

2. I dont want to make enemies with any neighbors.

They just need to stop blocking my paths and maybe clean up some garbage and I would be satisfied.

 

[Soundguy]

1 is important.. most important.
2? less important.. imho.

 

[BungeeII]

I already got all the records, found the stakes and took the measurements. I dont even know why I am having it surveyed, really. They have less than 2 acres, but are taking over almost that much of mine. Having my whole property surveyed would cost a lot more than I would like to spend, especially because I know where all the lines are. My origonal plan was to have the surveyor mark the line on that end really good and hope the neighbors get the hint. Do I need to go farther and post it or actually confront them about using my property?

1. I dont want to have the properly taken from me.

2. I dont want to make enemies with any neighbors.

They just need to stop blocking my paths and maybe clean up some garbage and I would be satisfied.

Their actions have forced your hand. The surveyor doesn't have to do a full stake survey of all your land, just establish where the property line is with the troublesome neighbor. Better a surveyor mark off that section of land than you. If they have a dispute about the property line, it's not with you at that point, it's with their own title company or whatever.

Also, having a campsite, tree-fort, hunting blind or the like doesn't establish adverse possession. Now, if their driveway has been on a portion of your property for x # of years, maybe you'll have to provide an easement or another driveway for them. But, their recreation typically is not going to persuade a state to take property from one person and deed it to another.