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Old 03-20-2018, 07:03 PM
 
5,699 posts, read 1,717,028 times
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Quote:
Originally Posted by historyfan View Post
Yes, good point. In my state you are liable as the landowner.
What state? I think you must be mistaken.
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Old 03-20-2018, 07:06 PM
 
5,699 posts, read 1,717,028 times
Reputation: 4536
Quote:
Originally Posted by CindyRoos View Post
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 (?)
That's exactly what you should do. And if they don't change their behavior after that, then it's time for fences or lawsuits. Or both.
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Old 03-20-2018, 07:19 PM
 
Location: on the wind
4,143 posts, read 1,546,813 times
Reputation: 14749
Quote:
Originally Posted by CindyRoos View Post
We have a large lot with a house. Been there since 2003. 4 neighbors border our property. i noticed this last weekend that two of those neighbors are using part of our property for their own! Part of of lot is wooded and we (spouse and I) noticed that some of the smaller trees where gone. We walked back there and saw that they had cut some of the small trees down, make a dirt trail through the woods (neighbors kid has a dirt bike) and they had some items on our land (wheel barrow, rakes) The other neighbor put up a shed and part of it is on our land and they extended their back yard to include part of our land as well. I don't want to make enemies of these people (have never talked to them) but I also am angry that they just take advantage like that. We had not noticed this until now because of the trees, bushes and other foliage. How do we handle this delicately? We do have one metal post that we put on the southwest corner of the back of the property but apparently that neighbor did not care to take that into consideration when they went chopping trees down.....Arghhhhhh
As for how to bring it up in conversation...a tip a neighbor of mine used before getting all accusatory. Sometimes people really don't know or just don't pay attention. If no one complains, they assume no problems exist.

He started flagging his property line (as he knew it), and then explained to each neighbor that the new flagging was preparation for having the land surveyed for insurance/property tax/refinancing purposes. He wasn't actually getting the survey done, it was a way to broach the topic. A non-accusatory way to bring up the subject. Then it was easier to talk about where the lines actually were. Encroachments came to light. He didn't accuse or assume anything. It put the neighbors on notice. Based on their conversations, he knew what to do next....pursue formally or shake hands and handle it informally. If they didn't honor the boundary after that he was prepared to come down on them like a load of bricks.

Last edited by Parnassia; 03-20-2018 at 08:49 PM..
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Old 03-20-2018, 09:34 PM
 
4,112 posts, read 3,450,347 times
Reputation: 8192
Quote:
Originally Posted by hbdwihdh378y9 View Post
What state? I think you must be mistaken.
Montana.
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Old 03-20-2018, 09:34 PM
 
13,010 posts, read 12,445,977 times
Reputation: 37270
Oh hell no. Get a surveyor out there to mark the boundaries and put up a fence. Don't ask. Don't tell them you're doing it. Just put up the fence. If their shed is on your property, move it.

Here's the other thing - if their dumbass kid is riding his dirt bike on your property and you've "allowed" them to put in paths and cut down trees, if that kid gets hurt, you're going to be liable. Nip this in the bud now, and DON'T be gentle.
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Old 03-20-2018, 10:40 PM
 
1,842 posts, read 968,439 times
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You need an attorney asap, before they legally claim your property as their own.
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Old 03-21-2018, 12:07 AM
 
Location: Somewhere in America
12,305 posts, read 10,052,184 times
Reputation: 20460
Quote:
Originally Posted by CindyRoos View Post
We have a large lot with a house. Been there since 2003. 4 neighbors border our property. i noticed this last weekend that two of those neighbors are using part of our property for their own! Part of of lot is wooded and we (spouse and I) noticed that some of the smaller trees where gone. We walked back there and saw that they had cut some of the small trees down, make a dirt trail through the woods (neighbors kid has a dirt bike) and they had some items on our land (wheel barrow, rakes) The other neighbor put up a shed and part of it is on our land and they extended their back yard to include part of our land as well. I don't want to make enemies of these people (have never talked to them) but I also am angry that they just take advantage like that. We had not noticed this until now because of the trees, bushes and other foliage. How do we handle this delicately? We do have one metal post that we put on the southwest corner of the back of the property but apparently that neighbor did not care to take that into consideration when they went chopping trees down.....Arghhhhhh
Sounds like you need to have a survey done and put up a fence.
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Old 03-21-2018, 03:46 AM
 
33,041 posts, read 12,506,296 times
Reputation: 20936
Quote:
Originally Posted by AllisonHB View Post
As for how to bring it up in conversation...a tip a neighbor of mine used before getting all accusatory. Sometimes people really don't know or just don't pay attention. If no one complains, they assume no problems exist.

He started flagging his property line (as he knew it), and then explained to each neighbor that the new flagging was preparation for having the land surveyed for insurance/property tax/refinancing purposes. He wasn't actually getting the survey done, it was a way to broach the topic. A non-accusatory way to bring up the subject. Then it was easier to talk about where the lines actually were. Encroachments came to light. He didn't accuse or assume anything. It put the neighbors on notice. Based on their conversations, he knew what to do next....pursue formally or shake hands and handle it informally. If they didn't honor the boundary after that he was prepared to come down on them like a load of bricks.
This sounds like a neighborly way to start. No sense getting into a big fight when a conversation might handle the matter.

It could be they don't know, or they think you don't care. Let them know you care.
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Old 03-21-2018, 06:05 AM
 
8,321 posts, read 17,648,814 times
Reputation: 10901
We had this issue as well. We called out the Parish Council to do a survey. We presented the survey to the neighbors who basically ignored it with a shoulder shrug.

We took matters in our own hands and reclaimed our 6ft of land. We removed their fence and hedge and put up a 10 concrete wall. Fences, especially large, 10 ft, concrete ones makes the best neighbors.
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Old 03-21-2018, 06:41 AM
 
7,843 posts, read 11,143,137 times
Reputation: 10079
Even if this is a fairly new development I would get a professional survey done. When putting up a fence on a property I had a survey done, then the fence. My neighbor was really upset, she was sure the fency was on her property. I showed her the survey but she insisted on having her own done. Thankfully I (1) did a survey first and (2) mine was correct and the two agreed. Lots of people think they know their property lines and mistake old fence posts etc. for previous surveys. Developers are not always particularly correct.

Once you have the survey in hand go over when they are home, knock on their door, give them a copy and tell them that you understand that perhaps they mistakenly thought your property was their property but it is not and you want their stuff off your property within a week (or two or three for the shed). And no dirt bike riding, tree trimming etc.
Have record running on your phone.
If they seem upset, give them a few minutes to adjust. If they get belligerent, just back off and tell them your lawyer will be in touch.

Like the idea of a wire with no trespassing signs.
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