How to - Property boundary respect (lawyers, home, landscaping)

[don_p]

Hi all, hope everyone is coping well in these difficult times. I am seeking some creative method for an alternative to fencing.

My neighbor has been regularly trespassing through my property. First they erected a partial fence through my property. I spend decent money to do a land survey after which they grudgingly moved the fence a little back (but not completely). I was ok with that as a status quo, hoping they would stop their trespassings, but my acceptance has only emboldened them and now they regularly to maintain their property are using my land as: a) they have not left any room on the other side of the fence to maintain it, and b) they keep raising their back lawn's elevation with hardscaping/rocks etc (despite it being officially a drainage setback area for our rain water to flow into a pond) Because of them not keeping any lawn, their landscaping had left their backlawn as not walkable which is all the reason for using my land as theirs. Recently they ripped my lawns grass with a bobcat, 5 ft x 100 ft area. They never apologized but telling me they'll re-seed it, but the larger problem is that they have no concept of respecting private property. Whenever I remind them they do not admit any fault, challenge me to sue them, however also partially rectifying the situation. My home is 2M plus and I am trying to live as frugal as I can and hoping I can stay in my home as it is is close to my heart - childhood memories.

I am trying to think of some solution - low cost, low labor. Maybe build simple garden boxes on the boundary with them and grow vegetables in it ... though maybe that is still quite some work! Any ideas?

[Curly Q. Bobalink]

Plant thistle or thick brush on your side of the property line? I would have suggested poison ivy, but that may leave you open to some kind of lawsuit. Of course, if some happened to start growing "wild" without your knowledge....

Personally, I'd check the rules of your municipality, township, or county, they're likely online. Fencing is not all that expensive if you are allowed to use driven steel posts and wire, but that's probably not going to increase the property value of a $2M home. Barbed wire is also probably not allowed unless you're far out in the country, and even then. FWIW, I don't think you have to move a fence inside the property line to allow for a maintenance "path", in Cook County, fences abut the property lines almost exactly. Maybe ask the county surveyor whether your neighbor is allowed to block natural drainage paths with berms, my thought is that is a no-no.

My guess is this is going to end up in court, and lawyers are far from inexpensive. It would be better if you and your neighbor could come to an amicable agreement over this. They may be miffed due to your storm drainage "flooding" their property.

Remember the line from one of Robert Frost's better-known poems (Mending Wall).

[Hiruko]

Originally Posted by don_p

Hi all, hope everyone is coping well in these difficult times. I am seeking some creative method for an alternative to fencing.

My neighbor has been regularly trespassing through my property. First they erected a partial fence through my property. I spend decent money to do a land survey after which they grudgingly moved the fence a little back (but not completely). I was ok with that as a status quo, hoping they would stop their trespassings, but my acceptance has only emboldened them and now they regularly to maintain their property are using my land as: a) they have not left any room on the other side of the fence to maintain it, and b) they keep raising their back lawn's elevation with hardscaping/rocks etc (despite it being officially a drainage setback area for our rain water to flow into a pond) Because of them not keeping any lawn, their landscaping had left their backlawn as not walkable which is all the reason for using my land as theirs. Recently they ripped my lawns grass with a bobcat, 5 ft x 100 ft area. They never apologized but telling me they'll re-seed it, but the larger problem is that they have no concept of respecting private property. Whenever I remind them they do not admit any fault, challenge me to sue them, however also partially rectifying the situation. My home is 2M plus and I am trying to live as frugal as I can and hoping I can stay in my home as it is is close to my heart - childhood memories.

I am trying to think of some solution - low cost, low labor. Maybe build simple garden boxes on the boundary with them and grow vegetables in it ... though maybe that is still quite some work! Any ideas?

What municipality is this in? I recommend contacting an attorney. It's essential that you defend your property boundaries or they could obtain an easement by virtue of you "allowing" them to do what they want. You can plant and fence, whatever, but as long as you don't legally defend your property, you're going to have a problem.

[CatsDogsSun]

I do not know for sure but I doubt that a fence has to be set in from the property line to maintain the fence. You should consider fencing your property. As Curly said, probably cheaper than legal fees. And a fence is more peace of mind. Or putting trees and decorative posts at the corners but they could later claim those trees are theirs. A fence is usually the clearest way to mark the property lines (not a guarantee as I've heard of neighbors who had dueling surveys).