Neighbor removed my property line pin

[TCBoomer]

I understand what DodgeMan is saying, but the first overt action that is strange in this case was when the neighbor placed and oriented his house in such a way as to guarantee future conflict. That happened before the OP even lived there, if I understand the timeline. Just about everything else flowed from what I would call a bad and somewhat aggressive choice of the neighbor.

I guess, if you want stretch a point, that was an existing condition when the OP bought his house, that he could have avoided by not purchasing the property. But, that decision reached by the OP or any other buyer, is like saying the neighbor is taking over the next door property by devaluing it. It's not the OP's job to be the property police, but if he looked at the situation and decided he could screen the neighbor's house and be happy, he is hardly to blame IMO.

Like Redbug, I wouldn't want my back yard to be a fishbowl with no privacy.

Absolutely spot on dave!! always wondered why he built so close...never asked though

Majority of his visitors would look over while driving down his driveway...felt like a guppy

 

[TCBoomer]

Simple, you go to court and everyone spends more than the land is worth on legal fees.
MarkV[/QUOTE

Which is exactly what I envisioned and wanted to avoid. Someone mentioned something about being 1 incident away from court and I forgot to address it. I may have given the impression that a volatile situation is brewing, but I'm not so sure I agree. I've been in complete control of the whole situation as its unfolded. My silence and lack of retaliation are what kept the peace IMO...and kept me out of jail. Being 6'2 ~250#s I've been told I can be intimidating and when speaking in an assertive tone, I'm sure people take notice. But knowing the consequences of stupidity I never once threatened this guy even though he might have felt otherwise. Reminds me of when he approached me earlier this year. I was on his side of the trees in his front yard cleaning up the leaves and debris he deposited under the trees last fall with his mower and leafblower. He had his hands in the air using the hand signals of 'time out' and obviously wanted to talk to me. This was after 5 years of no contact ...he didn't exist as far I as I was concerned.

 

[TCBoomer]

Don't mean to hijack but thought U might to hear another slant to survey woes.

Piloon and anyone else who might feel this way, go ahead and post...don't worry about it.
A thread that doesn't get highjacked is a thread that nobody reads

 

[TCBoomer]

Has the OP checked yet with the original surveyor to get a price on resetting the pin?

yes...spoke with the surveyor and she will reset the pin---in concrete! It's going to cost me 200-300 which I shouldn't have to pay...not saying that she's not entitled to it, just the neighbor should be the one responsible for the expense. It's not a priority right now seeing how I'll likely eat it, so I'll do it in the spring and play it by ear until then. I'm sure the upcoming task of moving the trees along his driveway will get his attention and he'll likely come pay me a visit...nosey folks that they are. At some point I'll question him about the missing pin and play it by ear when it happens

 

[TCBoomer]

I'm going to stop here for now so don't be offended if I didn't comment to you specifically yet. Lots of good info and comments were put on the table and it's taking me forever to get caught up...that and being a slow typer doesn't help

So here's the latest for those still watching this show:

As I said I spoke with the surveyor about the pin reset and it'll have to wait to spring. Moving the trees is my #1 priority now ...just what I need, another project lol...and it's going to happen starting this weekend. This will consists of getting setup and marking the new tree line as well as digging a couple test holes to see if I hand dig or not. I also want to dig up one of the trees(or maybe 2) and see how dense and widespread the root mass is. The weakest tree--if you will-- is the one planted next to the mature ones and the one I'll dig up. The original tree died(the only one out of the 200) a year after planting due to the mature one sucking all the moisture/fertilizer out of the ground and its size overshadowing the smaller one. The replacement has been doing ok...watered almost everyday too...but is still lacking the health that the others show. Earlier this year I trimmed back the mature one some for more sunlight exposure. It's helped greatly but its still kinda lame looking IMO. This plan is the result after my discussion with my tree guy today...and yes I'm pumped!!

My tree guy is the same guy who planted these 200. His nursery produces top notch grade A quality and his product speaks for itself. As for him himself...if I explain everything I wanted to about him, I'd never finish. So instead I'll just say he knows his stuff...he's a walking talking encyclopedia and has gone to great lengths to teach me and answer everything I wanted to know about these trees since the day I met him 5 years ago. The guys a godsend for sure!!

His offer to help me still blows me away...doesn't want any $$, told me instead he and I are old Yankees and we can barter it. WOW is all I can say. I'll throw some coin at him regardless. I do intend on doing the brunt of the bull work, mainly I want his assistance for guidance and any concerns I encounter as well as getting the row as straight as he did it originally. He has a machine with a hoe and he'll bring it over...makes me wish my New Holland had one now. But no matter now as he's bringing his and anything else we might need. He says a tree spade isn't needed with the newer trees and I won't dispute it either. I'm sure I'm more than capable of moving them myself considering how tall I am. If the hand digging doesn't work out for me, we'll dig a trench instead. He said right now would be ideal and it won't harm the trees at all. This guy knows his shid and having a pro like him to help puts my confidence level at over 200%...seriously LOL

I get the feeling I'm rambling right now because just talking about this guy helping is making me want to go outside right now at 12:45 AM and get started moving all 200 of them:laughing::cool2: Did I mention that I'm pumped, psyched(sp?) blown away yet?

Seriously though...any doubt or concern that I might have had doing this huge monumental task has completely vaporized. I'm ready to start ASAP and the ball is rolling now. To some of you that may not realize what I'm about to face and think I may be overreacting...trust me I'm not! I have a serous investment...time and $$$...involved all for the sake of privacy and beauty that has no price limit...if that makes sense. I blew it once by planting in the wrong place and now I get an opportunity to correct it. No way am I going to let it pass.

Oh yeah...as for the 40 mature ones remaining along his driveway ...we'll move or replace them after the 200 are replanted. If we move them he'll bring a tree spade. If I decide to replace, I'll give them to him and he'll replace them with similar size to match the 200 we're replanting. No complaints there that's for sure!

Almost 1 AM so its that time for me. I'll get back to this thread tomorrow. If there's any interest in this project, I'll start a new thread and include pics. Might be as exciting as watching paint dry to some of you so its your choice. But for me...well let's just say it's another step towards a dream coming true, as I build this estate into what I envisioned it to be when I purchased it 22 years ago

TC

 

[TCBoomer]

wait a min...there is one more post that I want to respond to

gotta go find it now

brb

 

[TCBoomer]

nevermind...I'm too tired to go back and look for it

Someone somewhere mentioned this neighbor might have told his visitors to intentionally drive over the boundary line or something like that.

Never thought of that, but it may very well be on the money. I'd be willing to bet that the majority of his visitors were repeat customers. Meaning all the years when the fence was in place, it clearly marked the boundary and they knew it. And it was clearly obvious the difference between my 'estate grass' (sorry couldn't help myself lol) and his garbage grass. Ok <smirk> I'll take that back...his regular grass

nite folks...I'm outta here
TC

 

[dmccarty]

yes...spoke with the surveyor and she will reset the pin---in concrete! It's going to cost me 200-300 which I shouldn't have to pay...not saying that she's not entitled to it, just the neighbor should be the one responsible for the expense. It's not a priority right now seeing how I'll likely eat it, so I'll do it in the spring and play it by ear until then. I'm sure the upcoming task of moving the trees along his driveway will get his attention and he'll likely come pay me a visit...nosey folks that they are. At some point I'll question him about the missing pin and play it by ear when it happens

We paid to remark a property line after the owners of the next door lot removed all of the flagging. The flagging marked not only the property line but the future location for their septic field. As a result of removing the flagging, the owner did not know the locations of the lot lines, and his house is not square and plumb to the lines. I knew that they would end up building their septic field on our land so I just got the line remarked. There is along history with that lot, as is often the case with problem acquaintances, so I knew talking with him would be a waste of my time. We just paid to get the line remarked by the surveyor. The new flagging kept the septic field off our land and certainly was cheaper than having to go to court to have them remove their septic system from our property. The remarked line and the extra pipe they put in to mark the line came in handy years later.

Sometimes it REALLY is cheaper and easier to keep your mouth shut, pay and get the work down. That survey was some of the best money I have spent. My big regret is that I was not able to keep that line cleared and marked so will likely have to pay again in the future. If I do get the line redone, I have the time and equipment to keep that line cleared and marked which was not the case years ago. The line is through dense woods and brush.

What is "funny" is that the acquaintance removed the flagging from the second survey as well. From the road corner pin the land slopes up and a few yards from the road the land starts to slope down. He removed the flagging from a point not easily seen from the road to his far corner. Why? Because they were trying to sell the house and hide the fact the house was not square and plumb to the lot lines.

Later,
Dan

 

[Redbug]

Dan...How come you don't put posts along the line to mark it as a semi-permanent feature? Then, when things grow back in you can still find the line.

 

[dodge man]

What else did you do to escalate the situation? How about breathing. As you know by now, there isn't a thing you can do to make this guy happy. The more you post, the more I think you are being reasonable.