Encroachment by Neighbor? (lawsuits, floor, eat)

[Gobi512]

it probably wouldn't hurt to take some photos or video. who knows when you might need them.
i watch too much People's Court

[lovebrentwood]

I would worry about someone suing you because it's your land. I'd be more afraid of them eventually legally being able to KEEP your land.

[CHTransplant]

I think the possibility of a successful adverse possession claim in a typical suburban subdivision that has been platted, staked, recorded, surveyed, deeded, titled insured, etc. is extremely slim.

I also think the risk of liability for injury to someone "using" one's land is also not that significant, assuming there's nothing unusual about the land. Yes, hypothetically it could happen, just like it could hypothetically happen in your front yard - does that hypothecial risk lead you to fence off your entire yard and keep everyone away because you're afraid you might get sued? Probably not.

As for dealing with the neighbor, I think a friendly conversation between neighbors can go a long way toward resolving most situations if people are reasonable.

[bcattwood]

Originally Posted by CHTransplant

I think the possibility of a successful adverse possession claim in a typical suburban subdivision that has been platted, staked, recorded, surveyed, deeded, titled insured, etc. is extremely slim.

I also think the risk of liability for injury to someone "using" one's land is also not that significant, assuming there's nothing unusual about the land. Yes, hypothetically it could happen, just like it could hypothetically happen in your front yard - does that hypothecial risk lead you to fence off your entire yard and keep everyone away because you're afraid you might get sued? Probably not.

As for dealing with the neighbor, I think a friendly conversation between neighbors can go a long way toward resolving most situations if people are reasonable.

I agree. Adverse possession must be "open and notorious" and exclusive. There is no way in heck that they are going to just plant some grass, have a cornhole game once a year, and then be able to claim it is theirs in 20 years. They would need to put a shed, fence or some other improvements there in order to make the possession continuous and exclusive.

As long as the neighbor agrees to stop using the land and does so, there is no need for a letter. If the neighbor does not stop, then you would need to get the legal system involved and a cease and desist letter will merely be a first step.

[Mikeheel]

Originally Posted by DPK

You are all missing the obvious. The clear answer to the problem is to build an electrified fence on the property line with lasers, air horns, and gun turrets.

It's the only way.

Still the best answer on the thread.

But seriously, it sounds like no big deal. All the adverse possession and lawsuit talk is hot air. I'm not taking that case if someone calls me, and I don't know anyone else who would, either.

[lovebrentwood]

Whoops. I mean I WOULD NOT wory about someone suing you.

Originally Posted by lovebrentwood

I would worry about someone suing you because it's your land. I'd be more afraid of them eventually legally being able to KEEP your land.

[PatRoy1]

The friendly conversation with your neighbor sounds like a good start to me.

You may also want to talk to your insurance agent. By allowing others to party on your property, you may be assuming the risk if someone gets hurt.

We were sued by a family because their daughter claimed she fell out of a bunk bed at our house during a sleepover. The bunk bed was piled with backpacks and belongings and all the girls were in sleeping bags on the floor when we went to bed. She claimed she climbed up into the bunk bed in the middle of the night and then fell off onto the radiator and hurt her jaw. There were no bruises and the next day she was eating baby carrots, so I have my doubts about the whole thing but that's another story.

Our insurance company paid her family thousands of dollars because they stated it would be more expensive to fight the lawsuit than to settle. They stated the family had several lawsuits going against various people and businesses and advised us to not allow anyone from this family on our property again.

We were not negligent, nor did the family claim that we were. Only that their daughter had gotten hurt on our property.

Check with your insurance agent about the liability you are assuming by allowing people to party on your property.

[bigjon288]

I have an encroachment issue as well. I have a neighbor that I've told on numerous occasions to stop planting on my property because im going to put in a driveway for my large trailer. I perform brush clearance twice every year and they have made it very diffcult to complete my task with these shrubs theyve put in. They have additionally added a few big rocks and sprinklers which were never discussed with me either. I have a small tractor that can remove all the trees and rocks but what other kind of recourse do I have??? I just want their stuff out of their and I willl build my driveway. This has been a growing problem for about three years now. Why do people think its ok to plant/add shrubs/sprinklers and rocks on someone elses property? These property lines are clearly defined. what now?

[bluecomet]

Originally Posted by foxfamilyincary

We have a kind of weird situation. Our lot behind our house is pretty large (0.4 acre) and it's all woods. We noticed a few days ago that one of our neighbors in the back has planted a pretty large area of very nice grass that is clearly on our property. They used this area for playing corn hole at a party they had on Saturday.

I completely don't mind them using our land at all. I'm just concerned about this being a problem in the future with adverse possession, etc.

Would this bother you? What would you do? I figure I'll go talk to them about it eventually when I see them in the back yard again.

It just seems really weird to plant a big section of grass that is clearly outside of your (their) own property. Do you think they know it's our land?

Was this ever resolved by OP?

[twingles]

Originally Posted by bigjon288

I Why do people think its ok to plant/add shrubs/sprinklers and rocks on someone elses property? ?

Because you're letting them.

If you are all in agreement about the property line, then just plow YOUR PROPERTY as you wish. What's the problem?