Neighbor thinks he owns my land?

[strum456]

Thanks for all the advice and information everyone. After the surveyor comes to remark the line, I will give the neighbors a call. My gut feeling is that after their divorce, the wife never really learned where her property lines are. I doubt my wife knows all of our lines either. I'll let you guys know what happens.

 

[Pirate]

If you don't want them on it, don't go over there offering to let them hunt it or whatever once they have your permission. Just be firm and tell them what you want. I gave a neighbor many chances to be nice be he chose to be pissy when using MY land. There is now a fence separating us, no more issues.

 

[RobertBrown]

Thanks for all the advice and information everyone. After the surveyor comes to remark the line, I will give the neighbors a call. My gut feeling is that after their divorce, the wife never really learned where her property lines are. I doubt my wife knows all of our lines either. I'll let you guys know what happens.

Thanks for the status update and, Good luck with that!

 

[blueriver]

If you don't want them on it, don't go over there offering to let them hunt it or whatever once they have your permission. Just be firm and tell them what you want. I gave a neighbor many chances to be nice be he chose to be pissy when using MY land. There is now a fence separating us, no more issues.

Yep ... be firm and control the conversation ... just tell them how you feel. (all the things you have shared with us)

 

[dodge man]

I am a land surveyor and adverse possesion time limits vary from state to state. The letter of the law is written that the person must claim the land in an open and notorious manner. It is not normally used to resolve unknown boundaries or someone using the land by accident. The person has to know they are using someone elses land. I will just say it is rarely used and enforced. But I have seen recent cases where it was used.

I would also just make this as clean as possible. If you don't want them on your land, make that clear and enforce it right away. Don't let this snowball into something complicated. I'd talk to them after the surveyor is done and be nice but let them know how you feel.

 

[EddieWalker]

Thanks for all the advice and information everyone. After the surveyor comes to remark the line, I will give the neighbors a call. My gut feeling is that after their divorce, the wife never really learned where her property lines are. I doubt my wife knows all of our lines either. I'll let you guys know what happens.

Just in case, tell your surveyor to double stake the corners. What has been known to happen is that the surveyor puts in a length of rebar to mark a corner, flags it and records it. Then after he is gone, the rebar disapears. Unless you see who takes it out, you can't do much about it except hire the surveyor to do it all over again. If there are two pins, one that is the legal boundry, and another off to the side a certain distance that only the surveyor and you know about, then it is very easy to put in replacement pins.

As for all the legal advice that you are getting, ignore it and find out the facts for yourself. Some of it is good for thier area, but meaningless for you.

Since they have already proven to you that they don't take care of the land and they don't have any probblem leaving a mess, I would NOT allow them access to your land EVER!!!!!

After the survey is in, I would go to the house during the middle of the day on a weekend and ask for their help in figuring out who is on your land. DO NOT accuse or name call. Just keep it light and see how they react. Maybe they don't have any idea, and maybe they are doing it intentionally.

My guess is that they are and will always be tresspassers, but for now, you don't know that for sure. Once you know for sure, then it's time to take it up another level.

Good luck,
Eddie

 

[MasseyWV]

Since they have already proven to you that they don't take care of the land and they don't have any problem leaving a mess, I would NOT allow them access to your land EVER!!!!!

Exactly!

 

[Gale Hawkins]

These kinds of cases are upsetting.

Anymore when I get a land survey completed I get the plat itself recorded in the courthouse as well.

Letting someone USE your land just trying to be a good neighbor can bite.

Getting a survey can cause tension with a neighbor but I had rather it happen while I am alive than for the wife or whoever has to deal with the issue after my death.

Another think I now try to do is to get stakes placed along the property lines that go over hills then come back and drive steel posts at these points so when I ever want to fence or cut off the property line I have line of sight markings.

 

[Ron JD670]

I am a land surveyor and adverse possesion time limits vary from state to state. The letter of the law is written that the person must claim the land in an open and notorious manner. It is not normally used to resolve unknown boundaries or someone using the land by accident. The person has to know they are using someone elses land. I will just say it is rarely used and enforced. But I have seen recent cases where it was used.u.

I would also just make this as clean as possible. If you don't want them on your land, make that clear and enforce it right away. Don't let this snowball into something complicated. I'd talk to them after the surveyor is done and be nice but let them know how you feel.

I am actually dealing with a similar issue now One neighbor is cooperating the other I'm in mediation with under guidance of an attorneys

In Oregon I have found the experienced surveyors know a lot about the land use laws and may be able to direct you to the state ordinances or code. You can probably find it on line doing a search. Our code uses the "open and notorious manner" language and then gives some qualifiers. For example running live stock does not meet the threshold for adverse possession. [added comment - I forgot to mention we have a 10 year requirement of open and notorious use to establish adverse possession. Also we have a seperate statute pertaining to prescriptive easement for road ways and access]

The neighbor has to assert their claim and prove it to the court. So the burden is with them. The court leans towards the legal owner whenever possible, but,...... As already noted if you fail to assert your interest or right to your property you are conceding your rights.

I called one neighbor, he was cooperative and I followed up with a letter. Last week we walked the property line and agreed on moving the fence line which his dad put up 50 years ago 13 to 24 feet off the line. I will not comment on the other neighbor other than to say he walked right past my no Trespass signs to pick mushrooms on my property.

I like the rental agreement idea if you can get to that point of discussion.

One point is that now the new boy friend is using the property so his clock starts when he came on the scene and may have no standing as yet. [Also the neighbor woman may not have maintained use while going through the divorce. Do they/did they use it in the winter - if not that is probably a break in possession]

I agree with the earlier comment about having the surveyor mark the previous surveyed points relative to your neighbors line / their line. They may not know were their property starts/ends.

Good luck I look forward to a good conclusion.

 

[newbury]

Just in case, tell your surveyor to double stake the corners. What has been known to happen is that the surveyor puts in a length of rebar to mark a corner, flags it and records it. Then after he is gone, the rebar disapears. Unless you see who takes it out, you can't do much about it except hire the surveyor to do it all over again. If there are two pins, one that is the legal boundry, and another off to the side a certain distance that only the surveyor and you know about, then it is very easy to put in replacement pins.

Good idea Eddie.
Also photograph the stakes.