Neighbor Fence On My Land

[2manyrocks]

His willingness to move the fence is the best deal you can get. Unless this is just a tee post fence with a few stands of wire on it, it's actually more bother to move the fence than drawing up an easement agreement.

Don't be neighbors with JJ or he'll sue your pants off.

 

[J_J]

Pirate,

Wrong is wrong, if you let him get away with it, it could get worse later. A week ago, I had to meet with the State Attorney for a mediation hearing about a neighbor dispute. I had no idea what it was about until I called down town and found out. . Come to find out my neighbor assumed my fence was on his property and he wanted justice. I went prepared with pictures and survey which was senior over his, One of my fences is about 4.7 ft from the property line, and he assumed his corner was at my fence corner. Not so. The distance from my corner to the capped pin with number is noted. I up scaled that corner about 5 times , and after looking at it for several minutes, his only words were, I will have a new survey done, and Friday, they were out there doing their thing, and I should know the results in a week. I feel certain I did no wrong. by putting a fence inside my side the line on the survey. My survey is the large survey for 40 acres, and his is for ten acres of the 40 acres parcel. Just ask several surveyors in your area about the time line thing. You can't assume that a fence line or a tree line is the property line. He is not a good neighbor if he doesn't understand right is right.

But sir . your bull has been fertilizing my cows for years, don't that make him mine.

 

[J_J]

His willingness to move the fence is the best deal you can get. Unless this is just a tee post fence with a few stands of wire on it, it's actually more bother to move the fence than drawing up an easement agreement.

Don't be neighbors with JJ or he'll sue your pants off.

No. I would not sue, but would use other means to convince him of his error.

While I was typing my previous post , it seems like you have resolved the situation. He probably knew all along he was wrong.

 

[LBrown59]

Not a problem Tear it down since it's on your property.

It's his fence ; must be since it's on his property.so why not ?

 

[Pirate]

He knew it was over and so did I but we both just put off finding a good solution until today. Actually, when he put it in he thought it was on the line. Then, guy I bought from has survey, then they find out it was not on line. They told me when I bought but I have maintained with him all along that we needed better solution. It will be a PITA to move/replace. Five wood posts cemented in, they will be cut off with saw. Rest are t-posts. Again, I did offer an out (cheap lease) but he decided to move fence. I never asked him to but moving it is the best solution.

 

[Egon]

You won one Pirate!

 

[RonMar]

Wow, a happy ending. You only usually hear about the ugly ones...

 

[Pirate]

I was looking for some info on how to work on my trail today (rock or grass) when I came upon this 50 page post (http://www.tractorbynet.com/forums/rural-living/14251-help-i-need-legal-advice.html). Wow, it's like some dang horror story. After I read all of that, I decided to talk to my neighbor.

 

[2manyrocks]

JJ, I'm sorry to have posted something that is touchy subject to you. It was a mistake and I didn't know you have your own dispute.

Now if someone will help me get my foot out of my mouth....

 

[LBrown59]

A business partner had a survey of his vacant lot and found the neighbors on one side encroached 20+ feet into his lot 1/2 acre lot with a board fence.

The neighbor, from day 1 were confrontational... they told my friend that nothing will be built on the lot as they had stopped previous owners from building.

My partner found out the family was going away to their son's graduation and organized a crew of a dozen men... in 2 hours, there wasn't a trace of the old fence and a new temporary cyclone fence was put in with no trespassing signs.

Neighbor was furious, called the police and eventually sued... the judge asked him why he built the fence on land he didn't owned and asked him to produce a survey showing my partner was in the wrong. His lawyer argued adverse possession, but wasn't able to produce and documentation that he had been paying the property taxes as required to perfect in CA. Neighbor also had to pay a portion of my partner's legal fees

Took about a year to get things settled and then the land was sold for a nice profit to the neighbor on the other side.

I think this legalized form of land theft needs to be outlawed.

 

[whistlepig]

This is good information. Property line disputes can be ugly. Forever damaging a relationship with a neighbor. We have just moved to a new place. I have a couple of neighbors fussing at me about property lines. I'll let them figure it out. They seem to have nothing else to do.

 

[Skyco]

Good people still exist. The neighbor came over and told me he is going to move his fence, said it was the right thing to do and he acknowledged he should have gotten a good survey before fencing. I was right, he is a nice guy. I offered to help him do the job. Great and inexpensive ending.

Funny how his tune changed so abruptly. Call me a cynic but I bet he changed after he talked to his lawyer

 

[J_J]

This is good information. Property line disputes can be ugly. Forever damaging a relationship with a neighbor. We have just moved to a new place. I have a couple of neighbors fussing at me about property lines. I'll let them figure it out. They seem to have nothing else to do.

If you just purchased the place, you should have a current survey and could share that with the neighbor of they are agreeable. I don't think I would let them decide your boundary lines. They are probably worried about softening not right. If you have any concerns about the lines, then do your own measurements.

 

[jimmyj]

Regardless of the his motivation, you and your neighbor are going to have both a solution to a problem and a good relationship. That is an ideal solution in my book.

Congratulations.

 

[MrWoodChips]

Cisco - I offered to lease it to him for 25cents a year. He didn't want to sign anything.

Wait a second. As a pirate, you should give no quarter.

No Quarter Given pirate magazine

(sorry)
John

 

[Pirate]

Yar!!

 

[pappy19]

You should also have an attorney and surveyor record a new survey and Boundary Agreement at the courthouse, otherwise everything is still verbal and open for another problem in the future.

 

[Pirate]

You should also have an attorney and surveyor record a new survey and Boundary Agreement at the courthouse, otherwise everything is still verbal and open for another problem in the future.

I do plan on having that line surveyed. There are numerous markers on this line but due to the terrain, I want one more marker on the tip top of the hill. With the fence down though, all will be back the way it should be. He's not sure when he is putting fence back up in correct location.

 

[pappy19]

The biggest problem for landowners and boundary disputes or questions regarding boundaries occurs in the original colony states as they are all "meets and bounds" measured. In other words, " from the large oak tree east of the twin forks of Smith creek, go westerly 234 paces to the large granite rock.....", you get the picture. Whereas after it was apparent that this was not a great survey system, the "Government" survey using Section, Township and Range was used and all new states were surveyed as such. The Feds contracted out every Township in every new state with "meridians" identified and measured from that starting point. This system was much easier to work with and much more accurate, certainly at the time most of the surveys were made. Don't forget that the Feds bid all of these surveys out and, you guessed it, the low bidder got the jobs. Some of these surveys are very interesting to say the least. That being said, section corners marked and found are the gospel that modern surveyors must use to calculate any sub-section surveys. Government survey markers are installed and classified to make sure that therre is no movement from that exact location. I feel sorry for, and hate to work in those original colony states as the boundary descriptions are usually very vague. Title companies have gone to so many loop holes that their policies are almost worthless. The registered surveyor has a horrendous chore to adequately survey and put his E&O on the line as they are the ones that will eventually go to court and defend their work in the case of a boundary dispute. I don't envy them.

 

[buckeyefarmer]

I was looking for some info on how to work on my trail today (rock or grass) when I came upon this 50 page post (http://www.tractorbynet.com/forums/rural-living/14251-help-i-need-legal-advice.html). Wow, it's like some dang horror story. After I read all of that, I decided to talk to my neighbor.

Wow, what a depressing story.