Protecting Property Lines

rancar · Mar 27, 2002

Kevin,

He said, no it's not and suggested that I pluck those little flags out ASAP. He said that if a property is maintained by an adjacent property owner for an extended time it might be subject to adverse possession.

Read my post about easement by adverse possession under Dan McCarty's thread on Trespassers and Cable Gates. Do rip those flags out like your father suggested and rip them out every time you see them again.

I've had some similar experiences but with adjoining property owners who decide they want to post their property by walking over the property line onto my property by 10-15 feet and then they nail their posted signs into my timber trees...they didn't want to nail into their own. Isn't this brazen? Needless to say, I tore them all down.

Bob

BrianC · Mar 27, 2002

Had a similar situation too. While taking the kids for a hay ride I saw where someone had dug on my property. I went back and dug it up and found my neighbor had just buried some construction debris.

In looking around further I found some of my property stakes missing.

I did confront the guy and asked if he know what he had done. He THOUGHT the property line was further up.

Some people have a lot of brass.

Brian

heehaw · Mar 27, 2002

several years ago my daughters and i were walking around my folks place, in the middle of july or august, it was hot and dry. when we got over to the side, we hit mud??? come to find out, the neighbor had trouble with his septic system, so he put a drain from his sink, tubs, and washer over on my dads place. at least thats all he said he put over there?? i had to get the state health dept out there and then to write him a letter to get him to get it off. these are just some of the reasons i don't trust people.
heehaw

wasabi · Mar 27, 2002

Heehaw...my two cents is trust you neighbors, but post and fence your property lines. I just put in three major industrial forest service-type pipe gates to try and deter the hunters and four-wheelers. [censored] if someone didn't try to haul one of the gates out of the ground with a tow strap (bent it a little). Next thing we know the $25 lock has been mangled by a bolt cutter or some such. They clearly want in when we're not there!, signs, gates or whatever....Now that is brass. Now, we're putting up signs telling them to "smile, you're on security camera"

kbarrett · Mar 27, 2002

Got some differing info from my banker regarding adverse possession (at least here in Michigan). He said that it is no longer an issue. He admitted that he recently tried to adversely possess some property that he had a fence on for a number of years. (What's this say about my banker???)

Anyway, He mentioned that he ended up having to remove the fence because his case would not hold up under current Michigan law.

Regardless, it still is an issue with me. The old saying goes, "Give em' an inch and they'll take you a mile everytime." I'm not going to compromise on this.

Somewhat related....but a twist on this...

I now know that my neighbor has an ATV, and I've seen evidence that he's been riding it on my property /w3tcompact/icons/mad.gif. I'm not opposed to ATVs Per Se' but I believe I now might be
dealing with a potential liability issue.

What if he hits a tree on my property and hurts himself?
I understand that this is probably a better question to ask an attorney, but it's got me thinking....

pennwalk · Mar 27, 2002

Adverse Possession is pure bull. Your property ought to be your property with out question. Grabbing someones land is wrong. I'm sorry the law is screwed up on this one.

Chris

Anonymous Poster · Mar 27, 2002

Here is a link to <A target="_blank" HREF=http://www.law.utexas.edu/dawson/recreate/recreate.htm>Recreational Use Statutes in your state</A>. These limit the owner's liability in the kind of case you're talking about.

This is not legal advice, just information.

Egon · Mar 27, 2002

Re: Liability

Shouldn't it work both ways? how much damage to your tree and the time you have devoted.

Egon

rancar · Mar 27, 2002

Kevin,

Got some differing info from my banker regarding adverse possession (at least here in Michigan). He said that it is no longer an issue. He admitted that he recently tried to adversely possess some property that he had a fence on for a number of years. (What's this say about my banker???)...his case would not hold up under current Michigan law.

Consult with a good attorney, not a banker who evidently has self-serving interests in mind.

I now know that my neighbor has an ATV, and I've seen evidence that he's been riding it on my property . I'm not opposed to ATVs Per Se' but I believe I now might be dealing with a potential liability issue.

I also have this problem...so far it's been one solitary ATV rider crossing the back forty. I thought of ways to try to catch him, but don't have time to do this and it happens sparingly. Liability is a concern. Here again, consult with a good attorney. I think if you post your property, then you're covered provided you don't give him or anyone else permission to cross your property by ATV.

Regards,
Bob Ancar
Cambridge, NY

Golfgar4 · Mar 27, 2002

Just a suggestion to help CYA. When you post your various signs, take a picture of the sign with a camera that stamps the date right on the photo. That way, when the guilty party takes down your signs and claims it wasn't posted, you've got proof that you had done it. We've had to do that a number of times as a result of violations in our City Parks. Our Parks Director has learned to always take pictures of new and/or replacement signs that are erected. It helps prove that you were not negligent.