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Old 03-20-2018, 01:27 PM
 
33,038 posts, read 12,506,296 times
Reputation: 20935

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Quote:
Originally Posted by MLSFan View Post
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
Exactly. He was trying to be a good neighbor by not making a fuss.

But the neighbors didn't get merely an easement in court. They got title to that back chunk of land.

It was a pretty unusual situation. But this reminded me of it.
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Old 03-20-2018, 01:33 PM
 
3,425 posts, read 2,125,567 times
Reputation: 7124
Agree, get a survey and mark the property line with no trespassing signs. You don't want to have an adverse possession problem.
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Old 03-20-2018, 03:18 PM
 
Location: Milwaukee Area of WI
1,782 posts, read 1,131,444 times
Reputation: 1756
Quote:
Originally Posted by pokitobounto View Post

just say you tought there was a dangerous animal damaging your garden.

Problem solved.
lolol
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Old 03-20-2018, 03:24 PM
 
Location: Milwaukee Area of WI
1,782 posts, read 1,131,444 times
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Quote:
Originally Posted by jean_ji View Post
Cindy, Iíve read your posts where you want to move in retirement. You should stop these encroachments now, so they wonít become a possible issue when you put your place on the market in the future. As far as handling it delicately, be direct with what you expect from them, donít be afraid to state the obvious and have them get off of your property. They either arenít aware of the property line or donít care, either way they will know where you stand if you let them know.


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Hey there! Yes, you are right! The problem is the portion that these two neighbors are "helping themselves to" happen to be hard to see because of scrubs, trees, etc. and we had not noticed. I printed up a survey of our property with the measurements and I was thinking I would mail them a copy of it and ask them to please remove their items on our property (?)
Or do I just have the property measured and then take their stuff and chuck it onto their lawn ? Ha, no, I don't think that is nice but it really does irk me. LOL
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Old 03-20-2018, 03:45 PM
 
Location: Ft. Myers
15,581 posts, read 9,657,290 times
Reputation: 34374
People will only get away with what we allow them to get away with. Not sure why some people are so afraid to speak up these days.

I would walk over, and say " I noticed that some trees were cut down on MY property and that dirt bikes have been using it. You must have mistakenly done that, and I would appreciate it if you would stop doing it, and inform your kids to not ride there either. I am going to now have to replant my trees. "

End of story, short and sweet.
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Old 03-20-2018, 03:51 PM
 
1,359 posts, read 653,492 times
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I wouldn't be delicate about it at all.

They know where their own property lines are, so they know when they're on someone else's property. Put up "no trespassing" signs, and if they continue to use your property, call and report them. I had to do that with our neighbors, as they were turning our property into their own recreational playground. If I never said anything, they'd still be doing it.

Put your foot down.
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Old 03-20-2018, 04:53 PM
 
8,377 posts, read 7,369,618 times
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Unless you have permanent markets at least on the corners of your property, you may have a survey, but have no proof of what is true. The survey description, may not be what you think it is and your land may be actually different than you think. Get at least the corners marked, so you have proof that your survey is correct, and located exactly where you think it is.
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Old 03-20-2018, 06:17 PM
 
Location: Wisconsin
16,481 posts, read 15,923,785 times
Reputation: 38771
Quote:
Originally Posted by Girl View Post
You can always talk to them (tactfully versus aggressively) and let them know you discovered they were "accidentally" using your land while investigating possibly putting up a fence around your lot. Tell them you are currently getting quotes but wanted to give them time to remove their items from your property before a fence goes up.

Go ahead and pay to have a survey done and make it look like action is being taken towards putting up a fence, and then, as someone else suggested, put up temporary posts and wires with "no trespassing" signs on it so they know where their property ends and yours begins.

Consider putting up a simple split rail fence if you don't want something too expensive or oppressive back there. Add mesh or chicken wire to make it less easy for kids to go through it. And install cameras (that record to DVR) just to keep an eye on things back there.
Quote:
Originally Posted by oldtrader View Post
Unless you have permanent markets at least on the corners of your property, you may have a survey, but have no proof of what is true. The survey description, may not be what you think it is and your land may be actually different than you think. Get at least the corners marked, so you have proof that your survey is correct, and located exactly where you think it is.
Good points. One of our neighbors marked the edge of his property by cutting a 10 inch swath through the bushes, small trees and thick underbrush. It was a quarter mile long and straight as an arrow, Even few years he went back through to "touch it up". There was no way that someone could "accidently" cross that boundary and not realize it.

Please make sure that you have permanent boundary markers (at least at the corners). We have heard of people actually moving wooden surveyor stakes to make their side bigger.

Good luck.

BTW, who "accidently" builds a shed on someone else's property? Sheesh. I bet that they knew it was your land and they were hoping that you never noticed.
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Old 03-20-2018, 06:33 PM
 
24,885 posts, read 11,610,800 times
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I'd always attempt the nice route first. But don't hesitate to be not so nice about it in the end. Remember, it could be just a mistake on their part. And you will be living next to them. But also...it might not be a mistake, and if you let them walk over you, some folks will.

The shed is a issue, can it be moved, or is it a permanent structure? If its permanent....it probably wont help to be nice. Still worth a try, but once its a big issue like that people tend to not want to move it.
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Old 03-20-2018, 06:55 PM
 
5,699 posts, read 1,717,028 times
Reputation: 4536
Quote:
Originally Posted by wit-nit View Post
If you continue to let them use the ppty those parts could be given up to them by adverse possession. Check the laws in your area. Most have a ten year usage requirement. You also are liable for anything that happens in those areas they are using/occupying.
No legal advice from non-lawyers please.
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