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Old 03-29-2018, 10:50 AM
 
Location: Milwaukee Area of WI
1,782 posts, read 1,131,444 times
Reputation: 1756

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Quote:
Originally Posted by kokonutty View Post
Both highlighted passages are unnecessary (That's your opinion) and indicate you believe they have been dishonest (ummm, No, that's just you) and make your note sound quite negative. (No, wrong again) You believe, based on your reading of the survey, that they are over the line; even if they are there is no indication that they have done so intentionally(exactly, however, if they have their plat survey they would see that the neighbors on both sides of them have the same Exact Length of their property--front to back--so for them to just think their property is the only one that juts out is ridiculous) ) but you have no problem with questioning their honesty. (Again, that's just you)

The tone of your letter would be annoying to me (I bet alot of things annoy you) if I did not realize I had encroached on your property; if it turns out I hadn't and you had misread the survey I'd be quite angry. (ohh scary) Why take such an aggressive approach,(Aggressive? Ha Ha Ha) especially without taking the trouble to be sure your opinion is correct? (My opinion? Yeah, my opinion based on a Legal Plat Survey, Yeah ok.....k

I had earlier asked if your cable or phone box was shown on the survey to be precisely on the property line but I have not seen a reply.(Oh I'm so sorry, I missed seeing that but yes, the Telephone box in the front of our property is the legal front corner on the Northeast corner)
I'm sure glad your not my neighbor........Sheeesh!

Some pee in your cheerios today?

Now, normally I wound not reply back to such an answer as yours but some family stuff came up this morning that has me upset so I'm not in the mood to have some stranger rip apart a letter that I feel is fine. Especially when I had my spouse, kids and all my co-workers look at it first and they said it was a very nice letter!
Arghhhhh
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Old 03-29-2018, 10:52 AM
 
Location: Milwaukee Area of WI
1,782 posts, read 1,131,444 times
Reputation: 1756
Quote:
Originally Posted by historyfan View Post
The permanent survey pins on the ground prove where the property line is. If the pins are not present, a licensed surveyor needs re-establish where they are. It is usually cheaper to have the surveyor who did the survey that produced the plat re-establish the survey pins. And at that time his crew can stake out a proposed fence line on the boundary for a nominal additional fee.

A lay person can make erroneous assumptions based solely on a tape measurements & a plat map, especially if line of sight between the two existing property corner survey pin markers is obscured by trees or terrain.
Yes, that is correct and that is why I have not sent them the letter yet. I want to make Absolutely sure that I know what I'm talking about before I breach the subject to those neighbors.
Thank you
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Old 03-29-2018, 11:42 AM
 
8,377 posts, read 7,369,618 times
Reputation: 18244
Question:

How long has that shed been there?

It does not appear to be a new structure. If for years, it may be there long enough to be considered adverse possession, and they have the right to continue to do so. It depends on the state laws.

Adverse possession legal definition of adverse possession

This is why those like myself that have been involved in solving adverse possession problems such as this may be, keep telling you to go down to see a lawyer and get his legal opinion, on how to handle your problem. You are not going to just tell them to move it, and expect them to do so.

Before this is over, you are going to have to bring in a surveyor to prove the exact boundary line, and you are going to have to have an attorney, with possible having to go to court to solve this problem.

Years ago I took a Real Estate Law Class at a major university, and an example was used. A man for 20 years had been driving over part of a vacant property next door, to get into his garage in a major city. He came back after wintering in Florida. He found they had constructed the framework on a high rise apartment building so he was unable to use his garage. He took it to his attorney, and demanded they remove enough of that building so he could access his garage. The results were all construction stopped immediately. The settlement was, he signed away his rights to drive over their property which he had gained through adverse possession. He retired to Florida permanently with enough to live very well the rest of his life on the cash settlement from the owner of the building under construction.

Quit playing around, and get your attorney involved. Make sure it is a real estate specialist, who understands the problem.
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Old 03-29-2018, 11:50 AM
 
Location: Milwaukee Area of WI
1,782 posts, read 1,131,444 times
Reputation: 1756
Quote:
Originally Posted by oldtrader View Post
Question:

How long has that shed been there?

It does not appear to be a new structure. If for years, it may be there long enough to be considered adverse possession, and they have the right to continue to do so. It depends on the state laws.

Adverse possession legal definition of adverse possession

This is why those like myself that have been involved in solving adverse possession problems such as this may be, keep telling you to go down to see a lawyer and get his legal opinion, on how to handle your problem. You are not going to just tell them to move it, and expect them to do so.

Before this is over, you are going to have to bring in a surveyor to prove the exact boundary line, and you are going to have to have an attorney, with possible having to go to court to solve this problem.

Years ago I took a Real Estate Law Class at a major university, and an example was used. A man for 20 years had been driving over part of a vacant property next door, to get into his garage in a major city. He came back after wintering in Florida. He found they had constructed the framework on a high rise apartment building so he was unable to use his garage. He took it to his attorney, and demanded they remove enough of that building so he could access his garage. The results were all construction stopped immediately. The settlement was, he signed away his rights to drive over their property which he had gained through adverse possession. He retired to Florida permanently with enough to live very well the rest of his life on the cash settlement from the owner of the building under construction.

Quit playing around, and get your attorney involved. Make sure it is a real estate specialist, who understands the problem.
I appreciate your concern. However, in one of my other posts I did say I know all about Adverse Possession. In my state it is 20 years. We have been here for 14. We put up a metal shed 10 years ago and it looks worse now than the neighbors. LOL

We are Not getting an Attorney unless we really have to. If we have to sell part of that property to this neighbor, we will. Or we might just give him written permission to use part of our land. I know it will all work out one way or the other.
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Old 03-29-2018, 12:12 PM
 
2,215 posts, read 755,118 times
Reputation: 3734
Quote:
Originally Posted by oldtrader View Post
Question:

How long has that shed been there?

It does not appear to be a new structure. If for years, it may be there long enough to be considered adverse possession, and they have the right to continue to do so. It depends on the state laws.

Adverse possession legal definition of adverse possession

This is why those like myself that have been involved in solving adverse possession problems such as this may be, keep telling you to go down to see a lawyer and get his legal opinion, on how to handle your problem. You are not going to just tell them to move it, and expect them to do so.

Before this is over, you are going to have to bring in a surveyor to prove the exact boundary line, and you are going to have to have an attorney, with possible having to go to court to solve this problem.

Years ago I took a Real Estate Law Class at a major university, and an example was used. A man for 20 years had been driving over part of a vacant property next door, to get into his garage in a major city. He came back after wintering in Florida. He found they had constructed the framework on a high rise apartment building so he was unable to use his garage. He took it to his attorney, and demanded they remove enough of that building so he could access his garage. The results were all construction stopped immediately. The settlement was, he signed away his rights to drive over their property which he had gained through adverse possession. He retired to Florida permanently with enough to live very well the rest of his life on the cash settlement from the owner of the building under construction.

Quit playing around, and get your attorney involved. Make sure it is a real estate specialist, who understands the problem.
Agreed 100%. It's what some of us have been saying all along. Don't assume these people will be nice about the whole thing. They may already be talking to their attorney. We are trying to save you grief. I thought you said in an earlier post that one of the markers back there was missing? I don't want to go look it up, but know I read it. You can't just guess about these things, and use a tape measure. Sensitive, and accurate instruments need to be used.

All of what the above poster said: "Before this is over, you are going to have to bring in a surveyor to prove the exact boundary line, and you are going to have to have an attorney, with possible having to go to court to solve this problem."

Best regards in this situation.

Last edited by mlulu23; 03-29-2018 at 01:40 PM..
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Old 03-29-2018, 12:40 PM
 
2,215 posts, read 755,118 times
Reputation: 3734
Quote:
Originally Posted by CindyRoos View Post
There is one left on the southwest of the back of the property(which is open and all lawn) but the neighbor with the dirt bike removed the other one on the southeast corner (which is in the woods and him and I share those woods because his property butts up against ours.)
Here it is. One of your markers was removed. It can't just be measured by you guys with a tape measure. It must be re surveyed in order to be accurate. Not the whole parcel, just where it's missing. If you want to sell, then it must be done right. Any buyer will need the proper markers. Your neighbor is practicing deception, and is up to no good.
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Old 03-29-2018, 12:47 PM
Status: "Living the good retired life." (set 28 days ago)
 
Location: Wasilla, AK
5,868 posts, read 3,148,828 times
Reputation: 11857
Quote:
Originally Posted by CindyRoos View Post
I'm sure glad your not my neighbor........Sheeesh!

Some pee in your cheerios today?

Now, normally I wound not reply back to such an answer as yours but some family stuff came up this morning that has me upset so I'm not in the mood to have some stranger rip apart a letter that I feel is fine. Especially when I had my spouse, kids and all my co-workers look at it first and they said it was a very nice letter!
Arghhhhh
I think your letter is just fine, especially considering that one of your neighbors ripped out one of your property markers.
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Old 03-29-2018, 12:51 PM
 
536 posts, read 525,818 times
Reputation: 946
I think the letter is generally pretty good, but I also would remove the sentence about keeping everyone honest, because the clear implication is that people haven’t been. It doesn’t add anything of substance to the letter and could definitely cause offense in a situation where there is still a little bit of room for doubt.
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Old 03-29-2018, 12:54 PM
Status: "Living the good retired life." (set 28 days ago)
 
Location: Wasilla, AK
5,868 posts, read 3,148,828 times
Reputation: 11857
Quote:
Originally Posted by CindyRoos View Post
I appreciate your concern. However, in one of my other posts I did say I know all about Adverse Possession. In my state it is 20 years. We have been here for 14. We put up a metal shed 10 years ago and it looks worse now than the neighbors. LOL

We are Not getting an Attorney unless we really have to. If we have to sell part of that property to this neighbor, we will. Or we might just give him written permission to use part of our land. I know it will all work out one way or the other.
Smart move. Too many people here recommend an attorney as a first resort instead of a last resort, or for minor issues that absolutely don't require an attorney. After I bought my first house it didn't take me long to figure out my neighbor's fence was encroaching on my property. Instead of hiring an attorney I simply went next door and explained the issue and asked that the fence be moved. Within a few days the neighbor moved the fence over to his property. Problem solved without ever having to speak with an attorney! And we were good neighbors with each other until I sold the house 15 years later.
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Old 03-29-2018, 01:29 PM
 
2,215 posts, read 755,118 times
Reputation: 3734
Quote:
Originally Posted by CindyRoos View Post
My spouse said the two back posts from original survey Are there. So, since I know where the lot starts in the front ( telephone box sets the front north east point), it's just a matter of measuring. We have a 300 foot tape measure so, yeah, I'll be fine.
I may say nothing to the neighbors for now---unless they come outside and ask what I am doing
We are thinking of putting a partial fence in starting at 1st encroaching neighbor and around to other encroaching neighbor which would make the fence a L shape.
Ok, now there is this post that says post markers are there? The other post said one was missing .
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