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We had a similar situation at our former house with the neighbors constantly using a portion of our backyard. We finally got the property surveyed and then hired a company to fence our backyard. Our neighbor went completely crazy screaming at the installers that we couldn't erect a fence even though it was clearly on our property. No matter how nice or reasonable you are some people just feel entitled to use your property and refuse to respect boundaries.
Oh my gosh, THIS! This exact thing happened to us! We bought a house where the neighbors and previous owners had all lived here for 40 years. We had a survey, then hired a company to remove 50 bushes from the perimeter of our property.
The little old lady next door came out and threatened my landscapers! She was waving her camera around and saying she would sue.
After survey is complete, I would reconsider adding a fence, even though you have said it's not an option. The low picket fence is a great idea. The time to do these things without being antagonistic is now, while you're new. New neighbors, new ideas. It's not personal.
You need to get a property survey done, then tell your neighbor to stop using your property, if indeed they are.
My recommendation to the OP would be: "share" a copy of the platt and survey with the neighbor in question My understanding of adverse possession is that allowing them to use that part of the property doesn't necessarily create an event nor does it start the clock on AP ( contact a local real estate attorney ). I would certainly document all actions taken, including sending a certified, return receipt requested, letter of notice Attorneys in our area will typically charge < $100 to do it for you ! Good luck!
We bought this house in November, then came winter and lots of snow, but now found out that one of around the corner neighbors is "using" part of our backyard as theirs: mowing, planting.
The lots are rectangles, but our house is on the short side of the rectangle, leaving a long backyard. The neighbors (2) on one side face a different street and have their houses in the middle of the long side of the rectangle. So they have big side yards, but short backyards. They've all been here a long time, and the one with the issue has been here more than 30 years (since the houses were built).
I don't want to come across as a bad neighbor and I don't know them, but it does bother me that she's using my land as hers and the possible implications of that. Could they claim it? How can I reclaim my land? Fencing is not an option.
The way you reclaim your land is to get it surveyed as others have suggested. You don't even have to put up a fence. A couple of stakes in the ground with rope, chain, or string across them just to show that that's where your property ends will get the point across to the neighbors.
If it were me and I wanted to avoid confrontation, I'd just say something along the lines of, "Our insurance company had some questions about the property line, so we obtained a plot plan and it appears that this patch of land belongs to us." This isn't too far of a reach since if someone got hurt on that patch of land, you'd be liable. Show her the plot plan. She may simply apologize and go away. If she doesn't, let her know that you're planning to have the land surveyed. That way everyone is on the same page, and all potential future problems and liability issues can be averted.
Do this now. It's bugging you. The longer you wait, the more aggravated you'll get.
IMO, Voyageuse's excuse is a good one. It's non-confrontational and perhaps a way to cut off the controversy before it starts. If it doesn't work, you still have the option of additional action.
I also agree this is the perfect time to do this. As several people have noted, the fact that you recently moved in and the snow has finally melted gives you a perfect time to open the discussion.
Quote:
Originally Posted by Merjolie8
... I've also checked the tax maps and they follow the plot plan.
There is a line of trees that follow the property line and can be seen in satellite pics. But she mows crossing between them back and forth. My shed is out back and she stops short of it, so I'm sure she's mowing in what is my land.
Fencing is not an option because just to put a fence in front of her would be rude IMO. We don't have plans of fencing the whole property (more than an acre), but putting some bushes or flowers or something like that is more amenable. Also, I haven't checked to see if fences are banned, but they are very rare in the area.
As mentioned, the back of her house is some 15' - 20' from the property line. So maybe she's mowing so it looks nice from her deck and doesn't have any hidden agenda. But I'm concerned that maybe she thinks it's hers and plans to claim it if I try to enforce the property line, which I'm not sure if she can or not. I don't plan to mention the property line to her until I get a survey done.
ETA: Former owner relocated 300 miles away. We bought from the relo co.
Neighbor has been here since the lots were subdivided and the house built. She's the original owner of the house.
I mainly want to know what belongs to whom and where the line is. I'm most concerned with an adverse possession claim. But I might want to plant there or use the land in any way in the future. In the end I'm paying taxes for it.
The fact that you are paying taxes on the land is the ultimate argument in your favor. Point that out simply when you present her with a copy of the plot plan.
I had a friend who had her land surveyed and found the neighbors driveway was on half of her property. This did not sit well with the neighbors who were friends with her until the survey. They had constant bickering and problems until my friend put the place up for sale. This type of problem seems to create many more problems.
The Highlighted is Not true at all.. Just and Old wives Tale.. You dont own someone elses land because you want to or because you mow it.. However you could be considered tresspassing and could be found guilty of numerous other illegal acts for attempting to use or control land owned by others.. YES get a plot of survey done.. First impressions are lasting impressions be nice ..
x2. We had an issue like that with a neighbor (but I don't know if it was in the same state as you). The neighbor had a fence which extended onto an empty plot of land, which we bought. We needed the neighbor to move the fence. Unfortunately, moving the fence would entail cutting his garage in half, because his garage extended onto our property.
So we won the case in court, but we allowed his garage (out of our good graces) to extend 2 feet onto our property -- but he had to move the fence.
Make sure that your property line is marked properly then put a fence up at your property line.
Why isn't one piece of fence across the property line itself not an option?
It does not have to be a full fence, just enough pieces to mark the entire width or length of your property
where the issue with the neighbor using your property is.
That should give the neighbor a big clue that it is not their property to use or mow.
Did you not read the original poster's last sentence? "Fencing is not an option".
Just walk over to the next door lady or catch her outside and start a conversation. Ask her where the property line is.
If possible tell her where you think it is. Ask if she had an arrangement with the prior owner of your property. Consider offering permission to use the land particularly if adverse position is your primary concern. Nothing wrong with letting a volunteer maintain part of your property.
Note that permission pretty much universally negates adverse possession.
So see if you can start a dialog. Nothing lost if it goes no where...and you will know you actually have a problem rather than imagining one.
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