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Old 03-20-2018, 09:43 AM
 
2,054 posts, read 984,379 times
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Yes, before you decide on a course of action, make sure that these areas are a part of your property. When/if your neighbors start to argue with you, you'll have the law to back you up.
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Old 03-20-2018, 09:54 AM
 
Location: Athol, Idaho
2,182 posts, read 1,056,208 times
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Seriously? Some of these posts suggest you physically hurt them? Where are the mods when you need them?

The first question I want to ask is if you are sure these neighbors know where their property boundaries end? Is it possible to
talk to them first?
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Old 03-20-2018, 10:01 AM
 
980 posts, read 281,496 times
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If u have a vast amount of acreage is it a consideration that u might offer to sell them a half acre/acre? Is that even possible.
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Old 03-20-2018, 10:03 AM
 
11,697 posts, read 16,450,382 times
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We had these issues when built on a lot which had been vacant for 30 years and the neighbor's three boys considered it their playground and mom's garden plot. We had a survey, marked the stakes clearly, ran bright construction tape from stake to stake, knocked on the door and told the neighbor a fence will go up on xyz day, confirmed the conversation with return receipt requested mail. Inexpensive cattle fence with metal stakes kept the peace.
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Old 03-20-2018, 10:27 AM
 
11,318 posts, read 5,846,190 times
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Quote:
Originally Posted by Threestep View Post
Inexpensive cattle fence with metal stakes kept the peace.
Electrified helps, too.

My first stop would be with an attorney who is up on local adverse possession law. My second stop would be the surveyor. With all the facts, I'd start with a friendly conversation with any neighbor who was trespassing. If I had a bunch of acres and didn't mind a bit of encroachment, I'd probably just tell them I need to send them a letter every few years to cover myself but if their garden runs onto my land or their kids play there, that's fine. A structure? Absolutely not. That has to be moved.
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Old 03-20-2018, 10:59 AM
 
4,112 posts, read 3,450,347 times
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Quote:
Originally Posted by jackmichigan View Post
Not necessarily. Most states have recreational trespass laws which limit the liability of owners of natural land. Provided that man-made "improvements" aren't the cause of action--and that no attractive nuisances are involved--it's a much higher bar for someone to make a claim. Of course, that doesn't stop someone from suing, but it makes it more difficult for them to prevail in court......
Yes, good point. In my state you are liable as the landowner.
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Old 03-20-2018, 12:34 PM
 
33,041 posts, read 12,506,296 times
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The post about the wire and the snowmobile accident was a good point.

The inexpensive cattle fence sounds like a better idea. With lots of construction tape tied to it to alert people to its whereabouts.
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Old 03-20-2018, 12:39 PM
 
33,041 posts, read 12,506,296 times
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Quote:
Originally Posted by GeoffD View Post
Electrified helps, too.

My first stop would be with an attorney who is up on local adverse possession law. My second stop would be the surveyor. With all the facts, I'd start with a friendly conversation with any neighbor who was trespassing. If I had a bunch of acres and didn't mind a bit of encroachment, I'd probably just tell them I need to send them a letter every few years to cover myself but if their garden runs onto my land or their kids play there, that's fine. A structure? Absolutely not. That has to be moved.
Uncle let a neighbor use the back part of his property to get his cattle to some land he bought that was not connected to his.

A few years later, the neighbor went to court and convinced a judge to deed him that corner piece of property.

In that state, you can't prevent a person from getting back to their property. Had my uncle not allowed him to use the property, he would not have bought the land in the first place.

Or he could have bought it but would have had to go down to the road and through the original owner's property to get to it.

But because he had been allowed to use it for several years, the judge just gave it to him. Didn't even make him pay for it.

Never could make sense of that.
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Old 03-20-2018, 12:55 PM
 
Location: Florida -
8,238 posts, read 9,998,349 times
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The questions at this point are: (1) Are you certain about your own property lines (survey or other)? and (2) Do they believe the areas they are using are on their property? (building a shed there is a pretty good indication). What if you are mistaken and have actually been treating part of their property as your own?

These questions can be easily answered by having a simple conversation. Then, if necessary (for all three of your benefits), it might be necessary to have a survey done. Your neighbors might even want to share in the cost.

In any case, as others have pointed-out, none of you wants to lose part of their property ... or have difficulty selling when the time comes, if the property lines are not clearly established.
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Old 03-20-2018, 12:58 PM
 
9,093 posts, read 3,706,315 times
Reputation: 13387
Quote:
Originally Posted by GotHereQuickAsICould View Post
Uncle let a neighbor use the back part of his property to get his cattle to some land he bought that was not connected to his.

A few years later, the neighbor went to court and convinced a judge to deed him that corner piece of property.

In that state, you can't prevent a person from getting back to their property. Had my uncle not allowed him to use the property, he would not have bought the land in the first place.

Or he could have bought it but would have had to go down to the road and through the original owner's property to get to it.

But because he had been allowed to use it for several years, the judge just gave it to him. Didn't even make him pay for it.

Never could make sense of that.
he created an easement when he allowed someone to use it as a pass through

Utilities have their own easements written into property deed, you can't legally lock them out of it
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