Reality check--neighbor's fence on in-law's property

[Sasquatch4100]

Property issues can be bothersome.

Sorry to be so long winded with this reply. But I hope someone can gain some insight.

We have an easement for driveway to our neighbors property that's caused some issues. Awesome neighbors and we're good friends. Not so much with the ones at the top of the driveway to our property. Long story so I'll keep it short. The guy and his kid are whackos. His kid rides (or did) his dirt bike and quad on our road tearing up the gravel and making it really rough. It was an ongoing problem with my in laws whom we inherited the problem from. Finally told the guy to keep his kid off the property PERIOD. The guy went mental, but was smart enough to stay on his property and out of reach of being hit. Being an easement and being my neighbors so nice (too nice) he went to them and asked for permission and was granted it, because they think his kids so poor and had such a rough life. Which I don't disagree with, but isn't an excuse to be a D bag on ones property. And because it's an easement this horrible kid and his father to had complete access to my property. After several months of relative quite it started up again and apparently the kid had been abusing the right to use the property, (we both have access to a small river and the mental case doesn't) inviting friends over without permission and driving a car unlicensed on their property etc and I finally complained to them and they FINALLY banned them from their land too. Finally! After a year of being harassed by those people! Peace!

Moral of the story. GET IT FIXED ASAP. Longer it get's drawn out the harder it is to fix. The next people to own that property might not be easy to work with at all and might be completely deranged like my bothersome neighbor.

 

[two_bit_score]

Bla Bla Bla Bla ... go by the survey ... a legal document and build a new fence before the property is transfered.

She is not going to split the cost ... you wait and you loose. Again asap ... like do this tomorrow.

I'm in favor of this with reasonable notice and, hopefully, acquiescence from the ole lady.

 

[bruceha2000]

Do you get along well with the neighbor? Maybe she is not aware of the issue. She might decide to have her lot surveyed, different people may come up with different results, especially if the legal witness points are suspect or missing. She might be willing to let your in-laws mark the proper line and have something in writing that says the new owners will move the fence. She can deduct the money needed from the sale at closing so the new owners aren't on the hook for something they didn't know about.

In our neighborhood, one 'permanent' witness point is behind a telephone pole and I would bet it has been shoved off its proper place when the pole was put in (and replaced, and replaced). And even if it is in the proper place, it can't be used to find 2 of the 3 pins in my front line, the pole is in the way.
It is an ugly neighborhood to survey.

I had a survey done about 15 years ago. The neighbor had his done 6 years ago. By chance, the surveyors were brothers. These are SMALL lots - ~44x100. There is a 7" discrepancy on the common 100' boundary. Not much when you are talking 10 acres, a lot if you are talking < 1/10 acre and the neighbor's house is closer to the lot line (either one) than the zoning regs allow AND he wants to expand, claiming false distances. To make it more 'fun' the 3 pins on my street line and the pin on his that SHOULD be common were ripped out when they put in a new fire hydrant line. So, shy of another survey, that front point is in contention. I know where it is give or take an inch, I measured from 3 points on the house when ours was done so I CAN find it with pretty good precision. The neighbor, of course, says I have no idea where it is.

 

[GGB]

Get to a good real estate attorney immediately. I know, I know, it costs money. But if you don't, the costs to get this fixed after the neighbor has sold the property will likely be much, much more.

You don't want to find out the hard way that a new neighbor now owns part of your in-laws property because you didn't take timely action to stop it.

 

[Dan Hunter]

Around 1970, my folks built a cabin on a piece of property only 120 feet wide. There were some well established older places along the lake and everyone just put their places based on each others established perceptions. When the neighbor went to sell, he discovered that my folks had built their cabin 3 feet over the line. Obviously, moving the cabin was impractical and even he had personal property over the line on his other side.

My folks were willing to contour the fence he wanted to install within three feet of the cabin and even exchange it for 3 feet on the waterline. Instead, he started a campaign of belligerence with his lawyer daughter acting as his agent. He cut trees clearly on my folks property and sent antagonizing letters through his lawyer daughter.

My folks had deeper pockets and his daughter was a bad lawyer and didn't understand adverse possession. The record of their disputing documents and photo evidence of clearing he even acknowledged resulted in him paying my folk's legal fees and the fence went a full 10 feet from the cabin to allow for service to it.

Perhaps the guy annoyed the judge as much as my folks. My point is that being correct can be undermined if one doesn't behave during the dispute.

 

[MikeD74T]

There's no requirement for either of you to have a fence is there? If you want a fence on the property line put one there. Then she can abandon her fence in place or move it at her own expense. Take positive control of your land now! MikeD74T

 

[plowindeeper]

Talk to the nice old lady
then move the fence
this can get nasty and expensive PDQ

All I can say at this point

Good luck hope it works out

 

[300UGUY]

After 10 years, I'd be surprised if she doesn't own that strip of property.

 

[blueriver]

You also state in your orginal post the property is located in a "legal subdivision"

Surely in order to subdivide there had to be an orginal survey and subdivision maps. Can you locate them?

 

[LD1]

Lots of good advise so far. But what to do depends on several factors that you havent said/answered yet.

First, someone else already asked, WHAT type of fence????Decorative?Livestock?Privacy?

Second, have you even talked to this nice old lady? If so, what was her reaction?

Third, You said this woman has lived there for 10 years? Was this fence there the whole time? And you also said that your in-laws JUST bought the place last year, and during the survey is when the issue was discovered right?

I guess I have to ask, why did you not survey BEFORE you bought the place?

I am sorry to say that legally, I dont think you can do anything, other than maybe going after the people that sold the place to your inlaws or the realtors. Because if this woman has lived there for 10 years with no issues, and now all of the sudden the new neighbors(your inlaws) want to raise a fuss...Leagally, I think she owns the land now.

Best thing you can do is talk with the old lady and see if she is willing to let you move her fence for her. If she refuses, you've got no beef with her. You need to go after the people that sold the property to your "inlaws)