Protecting Property Lines

[Jag]

WB, years ago dad had problems with people cutting locks. He got some big lock you could not reasonable cut. The badheads turned them up on end and then shot some 22's down in the key hole. "If we can not get in nobody is."

Also just three years ago a family friend had a little more remote place and was having trouble with his gates. He had some heavy duty gates made and set some 8 inch heavy pipe post 4 foot into the ground and concreted them in... Can you guess, the badheads got a piece of timber equipment off some near by track and came over and picked up the whole gate and set it in the ditch...

If they want in they will get in... the only way to stop them is to be there......

 

[TresCrows]

I like the "fluid" property line concept. I mow into my neighbors place all the time and they often mow about 1/3 of my back acerage. Last week I harrowed in my seed and saw that the farmer who had been putting out manure for them had spread a new load so I harrowed it in for them. Their dog comes and plays in my backyard with mine and she even comes over when we work nights and takes them out. This way my dogs have 11 acres to play on instead of just 6 and all in all I would have it no other way. J

 

[Golfgar4]

<font color=blue>"You'd have to know this guy to appreciate him."</font color=blue>

Jerry,

You've got a winner there for a neighbor! It sure makes living near someone a lot more pleasurable, doesn't it? It kind of says something about the work ethics, etc. of the older generations too. And you know, there is one other benefit to getting along and helping each other out. It just plain FEELS GOOD!

 

[MDNY]

It seems odd to me that people either have the nerve or sheer stupidity to bring out heavy equipment to tear down gates and such.

As we approach building our house I am going to install a gate, to date I haven't found any signs that our land is used for ATV, or other such things. But it has me concerned as we start the process what little curiosity seekers will appear. If I put in a gate am I putting out a welcome mat for such people or a clear sign to stay out?

I eventually want to put in a full estate gate with power to open it, but I have to see what the snow will be like first.

 

[patrickg]

Does this have a familiar ring? TRUST, BUT VERIFY.

 

[MDNY]

Before we closed on our land recently we ran into my future neighbor during the last days of hunting season (while he was on my future land hunting). I had noticed the posted signs he had put up years earlier when he moved in and also noticed the pink tag lines from the surveyor I hired. He was about 30FT into my land with the signs. It was no big deal since we hadn't closed yet.

This thread made me think about it today when I was out walking the land. He had mentioned that he put them farther out so people wouldn't hunt so close to his house. Made sense, but as we are preparing to start building soon, I removed the old worn out ones that are still up so I can post more clearly my property line. To me we are going to be good neighbors, but I wan't to make sure since I own most of the wooded hill between our properties and I don't want any land loss to occur.

It pays to keep your eye on the situation at hand. No need to react but be clear in your goal. Mine is good neighbors and clear boundary lines. Now I have to get the surveyor out to finish posting my property lines before spring gets underway so I can determine where my land is on both sides for posting.

 

[RoyJackson]

After posting signs on your property, you might want to put a small notice in your local paper. Buy the paper the notice was in and keep it.

The notice could read something like:

"The Property of John Doe of 123 Walnut Rd, County of York, Commonwealth of Pennsylvania has been posted NO TRESPASSING. All Trespassers will be prosecuted to the fullest extent of the law. All access has been permenantly gated and closed to the public. The owner assume NO LIABILITY for injuries of any trespasser or any other person or person not specifically invited onto said property."

Or, words to that effect...

This wouldn't prevent a suit against a property owner, but may give them ammunition in any potential suit.

 

[Anonymous Poster]

Hi, if this is still an active thread then I had question for anyone out there. I have land in SC and there are some property line issues, with neighbors dirveways and a fence. I did a search on SC law and found this:
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MISCELLANEOUS MATTERS, BY ADDING A SECTION THERETO SO AS TO ABOLISH THE DOCTRINE OF ADVERSE POSSESSION OF REAL PROPERTY AND PROVIDE AN EXCEPTION.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. It is proposed that Article XVII of the Constitution of this State be amended by adding the following appropriately-numbered section:

"Section . The Doctrine of Adverse Possession of real property, either at common law or by statute, is abolished and shall not exist or be given any force or effect.

Nothing in this section shall be construed to abrogate adverse possession which was legally established and confirmed by a court of competent jurisdiction prior to the effective date of this section."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Shall Article XVII of the Constitution of this State be amended by adding an appropriately-numbered section so as to provide that the Doctrine of Adverse Possession of real property is abolished, except that this provision does not abrogate any adverse possession which was legally established and confirmed by a court of competent jurisdiction prior to the effective date of such abolition?

Does this mean that any new adverse possession attempts in SC are dead?

thanks a lot for reading and your help. Brett W

 

[RoyJackson]

PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MISCELLANEOUS MATTERS, BY ADDING A SECTION THERETO SO AS TO ABOLISH THE DOCTRINE OF ADVERSE POSSESSION OF REAL PROPERTY AND PROVIDE AN EXCEPTION.

This is a proposed amendment. You need to find out if it was approved.

 

[Anonymous Poster]

<font color=blue>...PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895...</font color=blue>

Well... this seems to have "proposed" back in 1895... a couple of three days ago... /w3tcompact/icons/eyes.gif

...was the amendment passed and put into effect...? What does today's laws say? (you have over 100 years of changes since then to consider...{both court rulings and legislative})

 

[CVHoss]

John,
Maybe I'm reading it wrong, but I think the 1895 date refers to the date of the S.C. Constitution, not the date of the proposed amendment. It could be a recent proposal. I also don't see anything about it being passed, only that it is proposed.

Hoss

 

[MDNY]

Patrick,

You make a very good point. This land is being divided up by the current owners. I have purchased title insurance (protection one hopes) but once the house is underway and the surveyor comes out to mark it on the survey map I will make sure it is recorded along with the survey to show my boundary. While we have a nice neighborly relationship today, things change and people move so everyone has to be careful out there.

thanks.

 

[heehaw]

well, my friend is more understanding than i am..the fence was put there 30 years ago, after a survey and the existing neighbors agreeing to the location. of course, no two surveyors find the same lines..
heehaw

 

[GregGG]

pennwalk-<font color=blue>I'm sorry the law is screwed up on this one.</font color=blue>

I'm sorry the law screws up on just about everything nowdays, what a rackett weve turned "justice" into