Property line and neighbor mowing part of our lot. Ideas? (illegal, claim)

[Merjolie8]

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.

[veuvegirl]

Do you have a survey showing its your land? Knock on their door, introduce yourself. Say you are thinking of putting in a garden and wanted to classify that's your land and didn't want to offend. Hopefully simple.

[AZJoeD]

Are you sure that it is your property? Did you have it surveyed? If you did, there should be stakes showing the corners. Pretty obvious. If no survey, you may wish to consider one.

Either way, you are just going to have the uncomfortable conversation with the neighbor. The longer you wait the harder it will get.

[StrkAliteN]

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

[CSD610]

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.

[cully]

This could be my post. And I'm reminded of it once again as mowing season is upon us.

So I've been through a while with this situation. And sometimes other places we have lived.

It doesn't get better miraculously. Cut to the chase now and get a survey if there wasn't one required when you purchased. If you had a survey but didn't opt for the cost of stakes....get the stakes. That official survey can help against some of the anxiety. (I'd put an indicator around the stakes like flourescent paint or something in case someone decides to remove the stakes.)

Now is a non-confrontational excuse for a survey. You just moved in. Snow just melted. You want to know what's what. If anyone asks. And tell everyone this with a smile because you never know who will carry it back to your neighbor. Don't tell the former owner yet, or they may prepare your neighbor who will then be more upset.

When it is found your neighbor is in error, approach her nicely. Have a copy of the survey...make lots of copies for future reference and put the original in a safe place...and show the neighbor. It may be she was told by a former neighbor incorrectly where the line was. It may be when she moved in there was already a garden in the wrong spot and she assumed it was her yard. It may be the people who used to own your house let her plant in the sunniest spot in their yard since they weren't using it (although they should have let you know this).

If she disagrees, she'll need to get her own survey. Tell her you'll wait till such and such a date...not too long...and then she'll need to get her plantings.

All that said....if there is some way your neighbor actually owns that part of what your seller said would be yours, if the home listing was misrepresented.....you can start another topic on that.

Keep us updated.

[VJDAY81445]

Originally Posted by StrkAliteN

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

( 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 "

[Silverfall]

It is called adverse possession.

You need to get a property survey done, then tell your neighbor to stop using your property, if indeed they are.

[Hollytree]

Problem is that if said neighbors have been using the land for 30 years unchallenged they could claim adverse possession and likely win.

As others have said, you need to pay for a survey (if you don't already have one) and clearly mark the land. If you can't do a fence, do a line of bushes or something, a railroad tie, even a line of bricks upended in the ground, etc.

[Macgregorsailor51]

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 ..

Originally Posted by Hollytree

Problem is that if said neighbors have been using the land for 30 years unchallenged they could claim adverse possession and likely win.

As others have said, you need to pay for a survey (if you don't already have one) and clearly mark the land. If you can't do a fence, do a line of bushes or something, a railroad tie, even a line of bricks upended in the ground, etc.