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Old 03-21-2018, 01:02 PM
 
Location: Milwaukee Area of WI
1,782 posts, read 1,129,489 times
Reputation: 1756

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Quote:
Originally Posted by JrzDefector View Post
Did they really not check for 14 years or did this all happen fairly recently? We had only 6 acres in Jersey, and my dad would regularly roam the woods, but the brush was so thick, he couldn't have gotten to a lot of spots on the property.
Thank you for this. We didn't "neglect" the property for 14 years. Good Lord.
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Old 03-21-2018, 01:06 PM
 
Location: Milwaukee Area of WI
1,782 posts, read 1,129,489 times
Reputation: 1756
Quote:
Originally Posted by hatethewinter View Post
Purchase some stakes and some Private Property / No trespassing signs and go to town with them. I purchased my 5 acres up North in 2015 and I must have over 20 signs all over the place letting people know to keep out! Wasn't too worried about upsetting the neighbors either. It's about mutual respect, "this is mine, that's yours." Turns out, my neighbors are wonderful! Put a notice on that shed that it's encroaching on your property and they need to move it a certain amount of feet over to their property.

Good luck with everything and take back what's yours!

hatethewinter
Thank's Hatethewinter! I think I am going to buy some signs and post them AFTER my spouse and I measure the lot as we have the survey from when we purchased this property.
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Old 03-21-2018, 01:09 PM
 
Location: Saint John, IN
10,638 posts, read 3,311,331 times
Reputation: 12748
Quote:
Originally Posted by CindyRoos View Post
Thank's Hatethewinter! I think I am going to buy some signs and post them AFTER my spouse and I measure the lot as we have the survey from when we purchased this property.


I would make copies of the survey and give them to each of the neighbors, then letting them know if they trespass again you will get the authorities involved. I honestly doubt they know the land wasn't theirs; however, if you're cutting down trees I would think you would look into who's property is who's first.


I would also ask for money to replace the trees they cut down. Doing nothing won't stop it and I doubt a sign will either!
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Old 03-21-2018, 01:11 PM
 
Location: Milwaukee Area of WI
1,782 posts, read 1,129,489 times
Reputation: 1756
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Old 03-21-2018, 01:25 PM
 
2,215 posts, read 754,367 times
Reputation: 3734
This is not simple trespass. Adverse-possession is a very real possibility. First, and foremost you need a lawyer. Protect yourself.
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Old 03-21-2018, 01:33 PM
 
Location: S.W. Florida
1,690 posts, read 664,786 times
Reputation: 4598
First thing I would do is make 100% certain that I knew my own property lines. 100% certain.

Armed with that information I would bring it to the attention of the neighbors that starting today MY property will be marked as No Trespassing Allowed. Whether they did or didnít know they were trespassing is moot at this point. Itís time to reclaim whatís legally yours. I would give them 14 days to move the shed off of your property. I would also install two or three trail cameras.

If they insisted on continuing to use your property illegally, lawyer up. After your attorney contacts them they should stop with the trespassing or face legal action. Finally, even though it would be expensive, you need to install a good quality fence. You could probably recoup a lot of that cost when you sell.

I wish you the best.
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Old 03-21-2018, 01:42 PM
 
13,008 posts, read 12,434,284 times
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Quote:
Originally Posted by Crashj007 View Post
No need to get all huffy. Drop by and let them know they are encroaching on your land and you do not appreciate it. If they don't understand property rights, that is tough beans but not uncommon. You can discuss liabilities all you want, but if they are hardheaded about it you will get nowhere until a letter from a lawyer.
My two neighbors and I trespass on each other's property on a regular basis, but it is by mutual agreement over time.
This isn't just trespassing. I roamed all over the backwoods of my neighborhood as a kid no matter where the property lines were - heck we all did. And all the hunters on the road hunted on each other's land. But cutting down trees and establishing trails on someone else's land is beyond ballsy. The big issue though is that it messes with ownership rights if it goes on too long and it also puts the property owner into all sorts of potential liability messes . It must be stopped as soon as possible, and they need to be very clear about it.
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Old 03-21-2018, 01:46 PM
 
Location: Milwaukee Area of WI
1,782 posts, read 1,129,489 times
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The picture above is kind of blurry but you get the gist. I have 5 different neighbors whose homes boarder our property. So the two on here have taken advantage of the land due to it being wooded and not easy to see. I do know the laws. Here in Wisconsin, if they were using part of our land for 20 years, they could lay claim to it under "adverse possession". I read the laws, by-laws and statues. Yes, someday (hopefully sooner than later) we will sell this property move. I want the next owner to not have to deal with this. The spouse and I really don't want to spend any large amount of money dealing with this problem (if at all possible). So, I think we will measure it (with survey in hand) this weekend or next. If the neighbors don't come out asking what we are doing, I will send them a letter with a copy of the survey and let them know we are going to put up a fence soon. (we have no intention of spending money on a fence). We shall see how they react. The shed the one neighbor put up is just a metal shed. In this pic, it shows he has a pool. He no longer has it. He put in a fit pit instead.
I think the problem with him is that this land used to be a farmers land. The old house and barn are on the opposite side of us. (Those are the only neighbors we converse with the most). The neighbor with the shed has firewood stacked up on the old farmer's wire fence that still exsists but is actually on our property. That fence runs about 100 feet into the woods. I just hope that they don't act like jerks when we bring this problem up.
I appreciate all that replied, even if I didn't agree
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Old 03-21-2018, 01:47 PM
 
Location: Saint John, IN
10,638 posts, read 3,311,331 times
Reputation: 12748
Quote:
Originally Posted by JrzDefector View Post
This isn't just trespassing. I roamed all over the backwoods of my neighborhood as a kid no matter where the property lines were - heck we all did. And all the hunters on the road hunted on each other's land. But cutting down trees and establishing trails on someone else's land is beyond ballsy. The big issue though is that it messes with ownership rights if it goes on too long and it also puts the property owner into all sorts of potential liability messes . It must be stopped as soon as possible, and they need to be very clear about it.


Yes, Key word "LIABILITY"!! It's your land, so if someone gets hurt it's your liability!
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Old 03-21-2018, 01:47 PM
 
2,215 posts, read 754,367 times
Reputation: 3734
Legal sources say there are ways to protect property:

Diligence: If a landowner finds a pattern of trespassing or an encroachment by a neighbor, he should demand that it stop, then sue, if necessary.
Permission: A landowner who suspects someone of using his property can give that person written permission to do so, removing the opportunity to claim possession is adverse or “hostile.”
Insufficient use: A landowner can stipulate that the person used the property but not enough that a reasonably diligent owner would have noticed and had the opportunity to object. The adverse possession must demonstrate sufficient acts to demonstrate a “claim” of ownership.
Insufficient time: A landowner can show a period in which the other person did not use the property. Adverse possession requires “continuous” use of the property for the legally required period, which is 18 years in Colorado. (Each state may differ)

Nonexclusive use: The owner or others can prove they have used the land just as much as the person claiming adverse possession.

https://www.denverpost.com/2007/11/2...ses-no-rarity/

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