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Old 04-26-2015, 06:18 PM
 
Location: Wisconsin
19,480 posts, read 24,989,853 times
Reputation: 51106

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Quote:
Originally Posted by StrkAliteN View Post
Make certain of the property lines before approaching them with a friendly hello and casually bring up the property line issue after greeting them and exchanging pleasantries.

Is not like a turf war or hatfields and mccoys
Quote:
Originally Posted by VJDAY81445 View Post
( last sentence )
Don't be so sure.
There was a property line dispute in MN where two home owners got into it.

Elderly home owner shot and killed neighbor, his wife, their two pre teen kids and then himself.

I used to work with the guy who got shot and his brother.

This was even featured last week on..............." Deadly neighbors next door "
We have had a number of fatal shootings in Wisconsin, as well, due to property line disputes.

Get it resurveyed and have them put in metal posts and spray paint the line in the grass. You can then add your own fence or markers. Do it ASAP, before she plows up & plants the garden or starts mowing the grass.

Last edited by germaine2626; 04-26-2015 at 06:30 PM..
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Old 04-26-2015, 06:58 PM
 
Location: North
858 posts, read 1,797,868 times
Reputation: 1102
A survey was not required when we bought, but I did get a copy of the plot plan. We did wanted to locate our property line to make sure where our property was, so we contacted a surveyor back in March, but there was still lots of snow on the ground so it was postponed. It's just that this weekend I saw her mowing so it became more of an issue. I'll call him again to set a date for the survey. 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.

Last edited by Merjolie8; 04-26-2015 at 07:16 PM..
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Old 04-26-2015, 07:24 PM
 
Location: Pasadena, CA
362 posts, read 541,114 times
Reputation: 417
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.
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Old 04-26-2015, 07:32 PM
 
950 posts, read 918,605 times
Reputation: 1629
I have seen land disputes over property lines.

NEVER.....have I ever seen someone give up land they thought they previously owned regardless what a survey says and regardless how polite you ask.

However, if I felt his garden was on my land I would get it surveyed immediately and not let it continue.
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Old 04-26-2015, 07:54 PM
 
Location: Sunny Florida
7,136 posts, read 12,634,936 times
Reputation: 9547
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.
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Old 04-26-2015, 08:48 PM
 
Location: Central Texas
20,958 posts, read 45,220,196 times
Reputation: 24738
Quote:
Originally Posted by Macgregorsailor51 View Post
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 ..
Sorry, but adverse possession is, indeed, a thing.

My grandfather used to have 100 acres that his parents bought when he was 3 months old, in the mid-1800's. Part of it was wooded. Someone fenced in 7 acres in the back of the property without his knowledge for 7 years (so he didn't contest it since he didn't know about it), and he lost that 7 acres (and, yes, we're still mad about it and all the parties have been dead for over half a century).

He also had a road through the middle of the land and he was kind enough to let his neighbors, friends of his, use it. Then the neighbors died and the kids started using the road to dump trash in the creek that ran through his property, and his solution was to want to put a gate across the road and give the neighbors a key, so that access would be limited to just those neighbors and if it was someone else dumping the trash they would be prevented from doing so. However, because he'd allowed the use of the road for a certain number of years and because the kids objected to having to use a key to go dump trash on his land (and being exposed as the people who did it, though it was a very small community, everyone knew who was doing it), he was not allowed legally to do that.

Every state has its own adverse possession laws and they do differ, but it's not an old wives tale by any means.

OP, if you don't have a survey, get one, and figure out some way to nicely give notice that your land is your land.
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Old 04-26-2015, 09:19 PM
 
950 posts, read 918,605 times
Reputation: 1629
Here is an other problem I have witnessed where a property line dispute ends up in court.

Judges with no back bone !

After both parties spend money on lawyers the Judge's solution is.........." work out a compromise "

Why?

Isn't it the judge's job in court to decide who is in the right and who is in the wrong ?
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Old 04-26-2015, 09:42 PM
 
Location: Floribama
18,933 posts, read 43,298,885 times
Reputation: 18732
Plant a bunch of shrubs, put some metal T-posts next to them to keep her from mowing them down.

It's possible she thinks she's doing you a favor by mowing some of your grass, or maybe she's hinting that you need to get out there and mow it.
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Old 04-26-2015, 10:07 PM
 
Location: Georgia
4,578 posts, read 5,627,745 times
Reputation: 15968
Well, if it's a vegetable garden, why not offer her a lease agreement -- she can "lease" the land, and her rent is a share of the goodies? Fresh tomatos without the work? Sounds like a winner, to me. :-) The point is leasing the land for a "valuable consideraton" -- if you both consider tomatos valuable, well, then, you might have a deal.

I can sorta see them mowing the yard a little over into your yard -- keeps a clear field of vison for snakes and critters, especally if your lawn had been allowed to be overgrown previously. Thank them sincerely for mowing it, and assure them that they will never have to bother with it again. Honey . . . flies . . . etc.

This is, of course, after you have established that it is, indeed, your property.

The other passive-aggressive way to do it is to have the surveyor set the stakes, and then wander around the backyard in full sight with a landscape architect or a pool installer, pacing and measuring, and just tell the neighbors that you are thinking about (installing a patio/driveway/firepit/pool/swingset/whatever) and wanted to know exactly where the boundaries were. (Because then you'd HAVE to install a fence, in most places, as an insurance consideration to protect against an attractive nuisance.) And, oh, hey, whoops, looks like that little garden patch is going to get torn up if the plans with the pool installer go forward . . . you'll probably want to move it . . .
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Old 04-26-2015, 10:16 PM
 
Location: Lost in Montana *recalculating*...
19,478 posts, read 22,383,254 times
Reputation: 24266
I would happily pay a real estate attorney first. Let them guide you as to your best (and legal) course of action in your area.

This is not the stuff to solicit advice from others that may not be familiar with the laws in your state, county, township etc..
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