Neighbor thinks he owns my land?

[rambler]

If we cant come to an agreement, wouldnt it be fair that they help pay for the survey?

Well, yea. The trouble is if they are not agreeable people, then 'fair' isn't going to matter.

If you know where the line is and have some markers, put up your fence. Then it is on _them_ to survey & pay to see where the line is.

Put the ball in their court.

Sometimes, it's just a simple misunderstanding, and a conversation will clear it up. We hope and expect & would like for that to happen.

Our horror stories are - just in case it doesn,t. you have to be prepared for things to go badly, as once in a long while it does go badly.

Hope for the best for you.

It's your property, other people should not be on it. You need to own the property, and take possession of it. Sometimes it's not easy or pleasant, but - how it is.

--->Paul

 

[EddieWalker]

At this cost, I feel that the neighbor sharing the line should pay 50% of the survey costs, if a survey is needed. I decided to look up their number, but it is not listed. It looks like my dad and I are going to have to go knock on their door tomorrow afternoon. My intentions are to show the neighbors the maps and the stakes that I located and try to get them to agree on the line. If we cant come to an agreement, wouldnt it be fair that they help pay for the survey?

If the neighbor doesn't want or need a survey, then why would it be fair for them to pay for half of something that only you want?

Eddie

 

[strum456]

If the neighbor doesn't want or need a survey, then why would it be fair for them to pay for half of something that only you want?

Eddie

If they cant produce evidence that the line is where they say it is, then they would need a survey, wouldnt they? I have two stakes, a legal description, and a map from the last survey in 1997. If that isnt good enough, then maybe they should be the ones asking me if I would be kind enough to help pay for a survey.

 

[Robert_in_NY]

If they cant produce evidence that the line is where they say it is, then they would need a survey, wouldnt they? I have two stakes, a legal description, and a map from the last survey in 1997. If that isnt good enough, then maybe they should be the ones asking me if I would be kind enough to help pay for a survey.

I kind of side with Eddie on this one. I know where your coming from and in a perfect world you would both share the cost equally if you couldn't agree on the line but since you are the one wanting to prove where the line is then its your problem to pay for. They are happy with what the current situation is so I don't see why they would feel its "fair" for them to pay for something they don't feel they need or want. Put a fence up like what was posted by another member then I am sure they may feel a little different but as it sits now the only one the survey will benifit is you. So they would basically have to pay to lose part of the land their using. Not too many people would be willing to do that.

 

[strum456]

I kind of side with Eddie on this one. I know where your coming from and in a perfect world you would both share the cost equally if you couldn't agree on the line but since you are the one wanting to prove where the line is then its your problem to pay for. They are happy with what the current situation is so I don't see why they would feel its "fair" for them to pay for something they don't feel they need or want. Put a fence up like what was posted by another member then I am sure they may feel a little different but as it sits now the only one the survey will benifit is you. So they would basically have to pay to lose part of the land their using. Not too many people would be willing to do that.

You have a point. It isnt right by any means, but I could see them taking that point of view. I guess I will have to see what happens tomorrow. I am trying to brainstorm how this could go wrong tonight so I can be prepared. Thanks guys.

 

[joe48]

I may have missed it ,since I did'nt read all 133 posts over how many days?

When are you going to go talk to the neighbor?
That should be the very first step after you've made sure you know where the lines are by walking your property and checking your pins.

This whole thing is getting you all agitated over something that should be pretty simple.

I have found over the years that it is better to approach things man to man with simple straight forward talk.

The sooner you do that the better. Good Luck!! Let us know what happens.

 

[dodge man]

As a rule, only one person will pay for a survey. I have seen neighbors split the cost, but it's rare.

As far as what the surveyor says on cost, it's hard for me to say if it's fair or not over the Internet. I'll just say it costs more and is more complicated than most people figure.

 

[rambler]

If they cant produce evidence that the line is where they say it is, then they would need a survey, wouldnt they? I have two stakes, a legal description, and a map from the last survey in 1997. If that isnt good enough, then maybe they should be the ones asking me if I would be kind enough to help pay for a survey.

As I was saying, if you put up a fence on a line you know to be right, then it is up to them to pay for a survey & prove you wrong.

If you kinda kick things around and hem & haw - well then they gain an acre, and it is up to you to pay for a survey to get your acre back. And they will _never_ believe 'your' surveyor, so will ignore or pull out the pins he puts in.....

Nothing is ever 'fair' when 2 people disagree.

In a perfect world you both pay 1/2. In the actual world, one of you claims the property with a fence, and the other side has to pay to prove the fence is wrong.

Which fella do you want to be?

You have a good attitude, don't want to ruffle feathers, I'd love to be your neighbor.

1. Try a nice talk, conversation with the neighbors, see what their side of things are.

2. In the long run, it'll be better if you get the fence up, and they have to do the survey. Their money, assuming you are right they will see where the line is from 'their' expert.

3. If you need to hire the surveyor, you will be paddling uphill to prove yourself right, spending your money along the way.

--->Paul

 

[survriggs]

Very interesting thread; an interesting read. As a surveyor for over 30 years I have seen my share of boundary problems and adverse possession issues.

In about 2008 New York changed their rules for adverse possession as follows:

ｧ 543. Adverse possession; how affected by acts across a boundary
line. 1. Notwithstanding any other provision of this article, the
existence of de minimus non-structural encroachments including, but not
limited to, fences, hedges, shrubbery, plantings, sheds and
non-structural walls, shall be deemed to be permissive and non-adverse.
2. Notwithstanding any other provision of this article, the acts of
lawn mowing or similar maintenance across the boundary line of an
adjoining landowner's property shall be deemed permissive and
non-adverse.

the key phrase being "permissive and non-adverse". The only way to claim adverse possession is a 'structural' encroachment such as a building. I recalled this as we had a bill defeated in the Missouri legislature that would have paralleled the NY law.
Strum seems to have several good suggestions as to how to proceed.
Just my 2 cents.

Ralph

 

[two_bit_score]

You have a point. It isnt right by any means, but I could see them taking that point of view. I guess I will have to see what happens tomorrow. I am trying to brainstorm how this could go wrong tonight so I can be prepared. Thanks guys.

HaHa. Good luck getting them to pay half. :laughing:

Good luck with the meeting. You're gonna need it. Get the survey. Make sure you are right then put up a fence and throw their debris in a pile and burn it. Photograph and inventory it first, then set fire to it, haul it off, whatever.

Quit equivocating.



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