Neighbors using part of our land as their own (cheapest, property, attorney)
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We have a large lot with a house. Been there since 2003. 4 neighbors border our property. i noticed this last weekend that two of those neighbors are using part of our property for their own! Part of of lot is wooded and we (spouse and I) noticed that some of the smaller trees where gone. We walked back there and saw that they had cut some of the small trees down, make a dirt trail through the woods (neighbors kid has a dirt bike) and they had some items on our land (wheel barrow, rakes) The other neighbor put up a shed and part of it is on our land and they extended their back yard to include part of our land as well. I don't want to make enemies of these people (have never talked to them) but I also am angry that they just take advantage like that. We had not noticed this until now because of the trees, bushes and other foliage. How do we handle this delicately? We do have one metal post that we put on the southwest corner of the back of the property but apparently that neighbor did not care to take that into consideration when they went chopping trees down.....Arghhhhhh
We have a large lot with a house. Been there since 2003. 4 neighbors border our property. i noticed this last weekend that two of those neighbors are using part of our property for their own! Part of of lot is wooded and we (spouse and I) noticed that some of the smaller trees where gone. We walked back there and saw that they had cut some of the small trees down, make a dirt trail through the woods (neighbors kid has a dirt bike) and they had some items on our land (wheel barrow, rakes) The other neighbor put up a shed and part of it is on our land and they extended their back yard to include part of our land as well. I don't want to make enemies of these people (have never talked to them) but I also am angry that they just take advantage like that. We had not noticed this until now because of the trees, bushes and other foliage. How do we handle this delicately? We do have one metal post that we put on the southwest corner of the back of the property but apparently that neighbor did not care to take that into consideration when they went chopping trees down.....Arghhhhhh
Just say you tought there was a dangerous animal damaging your garden.
If you continue to let them use the ppty those parts could be given up to them by adverse possession. Check the laws in your area. Most have a ten year usage requirement. You also are liable for anything that happens in those areas they are using/occupying.
You should install survey stakes around your ppty and point them out to the neighbors that they are encroaching/trespassing on your ppty.; If you do nothing now you may face some serious and expensive issues in the future. Also check with your city/county inspector and follow their advice.
If you continue to let them use the ppty those parts could be given up to them by adverse possession. Check the laws in your area. Most have a ten year usage requirement. You also are liable for anything that happens in those areas they are using/occupying.
You should install survey stakes around your ppty and point them out to the neighbors that they are encroaching/trespassing on your ppty.; If you do nothing now you may face some serious and expensive issues in the future. Also check with your city/county inspector and follow their advice.
Is a fence an option? With neighbors who think nothing of cutting down trees on your property and building on it, I think a fence may be the only deterrent. Maybe just go knock and let them know you are putting in a fence and wanted to give them time to remove their stuff?
Cindy, I’ve read your posts where you want to move in retirement. You should stop these encroachments now, so they won’t become a possible issue when you put your place on the market in the future. As far as handling it delicately, be direct with what you expect from them, don’t be afraid to state the obvious and have them get off of your property. They either aren’t aware of the property line or don’t care, either way they will know where you stand if you let them know.
I wouldn't worry about trying to be too delicate in handling the situation--you need to nip this in the bud before it gets worse. Are your property lines clearly marked? You mentioned that you put a post at a corner of the property. Did you actually place it, or was it put there by a survey crew? If the former, does it merely highlight the location of an actual survey post? Do you have existing survey posts which mark the boundaries? Or do you need a new survey to get the lines properly marked? If so, get it done. You could ask the neighbors to share in the cost of surveying the joint property lines, but get it surveyed regardless. Once surveyed (it that needs to be done), make sure that the property lines are marked to clearly delineate the lines. Put larger metal posts near the markers to make them stand out more. If need be, contact the local authorities about the shed on your property. Most communities have set back requirements and perhaps the shed was put there without a permit. If you value your property, surely don't allow the neighbor kids to ride dirt bikes on it. That will do great damage to your land in no time.
Finally, if they don't respect a properly marked boundary, go ahead and put up a fence. Good luck.
Are you positive you know the property boundaries as prev poster asked about surveys?
If you are certain, then you need to take action. As others have said an adverse possession situation could be happening and you could lawfully lose what is yours--depending on your state law.
The other thing is you are liable for any injury occurring on your property- with permission or not. The dirt bike rider gets hurt--you get sued.
Buy lots of private property keep out signs and post them on your property lines.
Then get a Tpost & wire fence installed at a minimum. Your state may have fence legal description--like it needs have 4 strands of wire to be a fence. The cheapest quickest to build fences are electric (with a solar panel& car battery, if too far from power). If you use electric, you need post warnings along it that it is electric.
If someone built on your property, you need legally get it removed ASAP. You will have to consult an attorney. If someone cut down your trees, you can sue for damages-but proving who did it will be a problem.
The other thing to do is get a series of game cameras & install them stealthily. Those can capture images of people being where they are not supposed to be or tearing out your signs etc. The photos will help your case if there are any future disputes.
The dirt bike trail needs to be dealt with immediately. Any injuries on your property would fall on your homeowners' insurance.
If you are sure of your property boundaries (and if not, get a survey pronto), and have not spoken to your neighbors in over a decade, now's the time to speak up.
Let each one know, by either a personal contact or a registered letter that you will be putting up a fence and they will need to move their belongings, sheds, etc., by a certain date.
Then follow up.
Even if you just string up a wire and staple No Trespassing signs to trees, put up something to make it clear where their property ends and yours begins.
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