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Old 02-21-2011, 11:23 AM
 
25 posts, read 104,037 times
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We have a kind of weird situation. Our lot behind our house is pretty large (0.4 acre) and it's all woods. We noticed a few days ago that one of our neighbors in the back has planted a pretty large area of very nice grass that is clearly on our property. They used this area for playing corn hole at a party they had on Saturday.

I completely don't mind them using our land at all. I'm just concerned about this being a problem in the future with adverse possession, etc.

Would this bother you? What would you do? I figure I'll go talk to them about it eventually when I see them in the back yard again.

It just seems really weird to plant a big section of grass that is clearly outside of your (their) own property. Do you think they know it's our land?
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Old 02-21-2011, 11:29 AM
 
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I would definately talk to them about it as soon as possible. It may be they think they own the land themselves and are not enchroaching so I would take your lot plans with you when you have the discussion.
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Old 02-21-2011, 12:15 PM
 
Location: Raleigh, NC
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Quote:
Originally Posted by foxfamilyincary View Post
Do you think they know it's our land?
It could be an honest mistake. The warmer weather and kids outside playing has me talking to more and more neighbors. In doing so I am absolutely shocked at how many people here rent houses. (I see them all the time tending to "their" lawn and assumed they owned)

Could be the situation...could just be a honest mistake. Doesn't hurt to introduce yourself and let them know that although it is your property, you don't mind. Just so they're respectful of the property.
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Old 02-21-2011, 12:43 PM
 
Location: NC
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i would have a surveyor come out to verify its yours before saying anything. You may well know it is, but having documentation of it may well come in handy.
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Old 02-21-2011, 12:46 PM
 
Location: under the beautiful Carolina blue
22,621 posts, read 36,559,983 times
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Quote:
Originally Posted by suedonym View Post
i would have a surveyor come out to verify its yours before saying anything. You may well know it is, but having documentation of it may well come in handy.
I agree with this. Might cost you some money but they'll stake the property. When I lived in NY, the house next door was sold and the first thing our new neighbors did was stake the property. They then spent a TON of money on landscaping. If these people are planting on your property you need to deal with it ASAP.
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Old 02-21-2011, 01:03 PM
 
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If you have a survey plot it should show the property boundaries as well as locations on the boundary where an iron pipe is driven in the ground ("eip" or existing iron pipe). Should make verifying the boundaries easier w/o resorting to a new survey.
Definitely makes sense to get it sorted out now for both parties.

Frank
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Old 02-21-2011, 01:39 PM
 
Location: ITB Raleigh, NC
814 posts, read 2,001,203 times
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Let's see if I remember the elements of adverse posession from 1st year property 25 years ago.

Hostile -using it against your interest
Evident -actually don't remember how this is different from visible (hey, its 25 years)
Lasting (7 years??? not sure what it is in NC)
Uninterrupted
Visible
Adverse
(yes, my prof. for Property was a UVA grad)

So, if they are using your land as theirs, and they use it as their land for the period of time for adverse possession....it could be a problem. Did they cut down trees before they planted this grass? I would think planting grass on your property could maybe (??) be considered an act of ownership, so you definatelly need to clear this up. So, as others have said, make sure its yours, then talk to them about it......

Realize that I do NOT practive RE law, and haven't thought about Adverse possession in 25 years (I am impressed I remember the elements) but do remember enought to tell you...do something about this.
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Old 02-21-2011, 01:50 PM
 
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So, what I hearin is, you better throw up a 12' stockade fence with no tresspassing signs about every 8 feet. Add barbed wire if needed.

haha, j/k

Hopefully this is something a neighborly chat will clear up.
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Old 02-21-2011, 01:56 PM
 
Location: ITB Raleigh, NC
814 posts, read 2,001,203 times
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Well, I don't think that will be necessary....just saying it is something they do want to clear up!
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Old 02-21-2011, 02:51 PM
 
25 posts, read 104,037 times
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We do have the survey from when we bought the house 2 years ago, and it's clearly our property.

I'll mosey on back there one day when they happen to be in the yard and chat with them about it. I just wanted to make sure I wasn't being a weirdo or jerk by wanting to mention it to them. =)

Thanks!
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