Mowed a section of land on neighbors property

[tradosaurus]

A resident on my road asked me to install a fence on her property because her neighbor was continuing to encroach on her land a few feet more every year. After a while they were storing a travel trailer and mowing down parts of her garden. I looked at the GIS survey line records kept by the township and easily saw where a property line ought to be, connecting the corners of her 2 other neighbor's properties. PLUS, I used google maps, which in many cases can show historical aerial photos of properties around here. Using this info, I easily found the concrete survey monuments AND the remaining concrete stubs where a line of fence posts had been installed in the 50's.

Tractor hole digger, posts and wire in hand, and we rebuilt the old fence line.

When tightening up the wire, the neighbor came storming out demanding to know who did a survey to show the property line.
"Lewis and Clark" I replied.

"Oh, OK then, I guess." she said. Never saw or heard form her again. Garden got restored to it's original size.

In my own case, I own the mineral rights on my acreage which most home owners around here could care less about until a gravel company (which does own them) comes around and starts mining 'their' material. They get an access road, truck traffic, dirt flying, and noise from the crusher(s). So, I enjoy telling the miners to go away..
Since I also 'own' the electric utility poles and to the center of the road without ANY easements on my deed for access, I've benefited from suing the cable companies for stringing their overhead coax & fiber lines on them when I wasn't watching out for their activities. They had to pay me rent for the time they were in use AND were not permitted on my property to remove them. As you might guess, I took my merry time to cut them down.

If YOU were to cut a trail on MY land, I'd want a restraining order and damage restoration payments, even though we are friendly and good neighbors, because someday they might sell all or part of it to some developer who wants to build a neighborhood access road, houses, oil well or a deer stand on MY property and it's not going to be be a friendly interaction anymore. The restraining order provides the legal basis for any future disputes about who owns what, where, and how properties are secured. My lawyer is a 'barracuda' well known for permanently solving land ownership, encroachment, deed, and jurisdictional 'problems'. Once you see how developers or just bad neighbors muscle their way onto your property for access, tree cutting, fence removal, and debris storage, your temperment, patience, and anger levels will change overnight.

Filings restraining order? You sound like a great neighbor.

 

[tradosaurus]

Thinking of sinning and sinning are 2 different things. Still seems silly to approach a neighbor and say hey I'm walking on your land when you are openly doing so with no complaint... but you do you.
I purposely put my fence 6 inches inside the line. If somebody wants to walk on or mow the left out few inches they are welcome to do so.

I’m actually friendly with their dog. I give the dog lamb bones.

That’s basically all this amounts to. I’m keeping a section of their land mowed.
Surprised at the violent reactions in the posts.

But I can understand if a neighbor is moving stuff across their property line.

 

[airbiscuit]

...
Really a big nothing burger that a few posters are acting like I’m living on the extra 10’ x 100 ft of their land....

At some point, on your schedule, on your terms, you could always widen that section of trail about 10' or so. Takes about 2 hours +? No harm no foul.

 

[two_bit_score]

Filings restraining order? You sound like a great neighbor.

But you see no problem with the encroacher? Imagine that!!!

 

[bdhsfz6]

I guess I've been on the receiving end of a similar situation.

Back in the 1960's, a local snowmobile club created a series of trails on private property throughout the county. It was done through a combination of easements and handshake agreements with individual property owners. In 1979, I bought a 6 acre parcel adjacent to my land which, unknown to me, this trail ran through. There was no recorded easement nor did the seller mention the trail.

It turns out the trail hadn't been used for over 40 years until two winters ago when I noticed my fence had been cut. I repaired it and it was cut again. This went on until I eventually caught a group of snowmobiles crossing the property. They stopped when they saw me and we had a lengthy conversation.

They told me the previous property owner and given verbal permission to cross the field and did not know it had been sold. They apologized for cutting the fence and explained the usual procedure was for them to cut the fences in the fall and repair them in the spring.

At first, I was upset but they were a friendly group, mostly middle aged with a few old timers. They were very respectful and obviously as upset about the situation as I was. Well, to make a long story shorter, I agreed to let them cross the field. Sure enough, the fence was repaired in the spring. I can't hear the snowmobiles from the house, and there were no signs of any damage, so no harm done. I did suggest it would have been prudent for the club to contact property owners again after 40 years.

I suppose others here would have handled the situation differently. I would have too if there were livestock in the field or if it had been a group of disrespectful kids who threw empty beer cans all over and failed to repair any damage.

I guess my point is, every trespass is different and the ways it is managed will vary with circumstance. One size does not fit all.

 

[johnha]

.....
Since then, after I buy a property or tract of land, I use a Registered Land Surveyor to do his professional thing. I think the surveyor starts at the county clerk's office with research before he goes to the field. In any event, although expensive, its is necessary.

I have bought and sold a number of hunt properties in the last twenty plus years and I have paid a surveyor to provide a plat in each case. Every time.

You can't rely on speculation or what someone in the family says are property lines. Until you have a professional surveyor complete the survey and provide a plat, every thing is uncertainty.

Decades ago, I bought a couple of acres from a good friend whose house was next to the property he sold me. He told me where he thought the property line was and when my wife and I built, we had a septic system installed and a well drilled. Some year after that, my friend sold his property and moved back into town. The new owner had a survey done and I discovered my well was on his property by maybe twenty feet or so. I offered to but a strip of land but he refused. I had to have a well drilling company drill a new well and move the pipes and well pump. It was not money that I had just laying around but it was necessary.

Since then, after I buy a property or tract of land, I use a Registered Land Surveyor to do his professional thing. I think the surveyor starts at the county clerk's office with research before he goes to the field. In any event, although expensive, its is necessary.

I have bought and sold a number of hunt properties in the last twenty plus years and I have paid a surveyor to provide a plat in each case. Every time.

You can't rely on speculation or what someone in the family says are property lines. Until you have a professional surveyor complete the survey and provide a plat, every thing is uncertainty.

I'd like to reinforce this. When we bought our acreage about 4 years ago, I paid for a survey. I wasn't comfortable with the 125 year old boundary descriptions, which made no sense to anybody any more. It was money well spent, there is now a modern survey on file with the county, and I ended up with an additional 6.4 acres.

 

[ruffdog]

I’m actually friendly with their dog. I give the dog lamb bones.

That’s basically all this amounts to. I’m keeping a section of their land mowed.
Surprised at the violent reactions in the posts.

But I can understand if a neighbor is moving stuff across their property line.

Does the dog's owner know you are feeding their dog? Maybe the dog is on a special diet and they would not want the neighbor feeding THEIR pet. I sure wouldn't want a neighbor enticing my animal to the edge of the property either.

 

[KennyG]

My property was, at some point, cut out of a larger plot. I have clearly marked (white plastic poles) corners. I cut brush and mow beyond the boundaries to maintain the original layout and keep the poison ivy and briars out of my yard. I don't expect to ever get a complaint about it and don't have any thoughts about adverse possession. Life just goes on.

 

[zzvyb6]

Filings restraining order? You sound like a great neighbor.

"Good Fences make for Good Neighbors". I really don't 'care' if I'm a 'great neighbor'. My property, my taxes, my "IRA", my heritage.
Around here, neighbors, their kids, their relatives, utility workers, campers, fruit trees raiders, and weed growers take advantage of every opportunity to piss on other people's properties and possessions. However, no longer at my place. We wave "Hello !" every day. It's the 'neighbors' with your attitude that need the warning.

 

[airbiscuit]

I guess I've been on the receiving end of a similar situation.

Back in the 1960's, a local snowmobile club created a series of trails on private property throughout the county. It was done through a combination of easements and handshake agreements with individual property owners. In 1979, I bought a 6 acre parcel adjacent to my land which, unknown to me, this trail ran through. There was no recorded easement nor did the seller mention the trail.

It turns out the trail hadn't been used for over 40 years until two winters ago when I noticed my fence had been cut. I repaired it and it was cut again. This went on until I eventually caught a group of snowmobiles crossing the property. They stopped when they saw me and we had a lengthy conversation.

They told me the previous property owner and given verbal permission to cross the field and did not know it had been sold. They apologized for cutting the fence and explained the usual procedure was for them to cut the fences in the fall and repair them in the spring.

At first, I was upset but they were a friendly group, mostly middle aged with a few old timers. They were very respectful and obviously as upset about the situation as I was. Well, to make a long story shorter, I agreed to let them cross the field. Sure enough, the fence was repaired in the spring. I can't hear the snowmobiles from the house, and there were no signs of any damage, so no harm done. I did suggest it would have been prudent for the club to contact property owners again after 40 years.

I suppose others here would have handled the situation differently. I would have too if there were livestock in the field or if it had been a group of disrespectful kids who threw empty beer cans all over and failed to repair any damage.

I guess my point is, every trespass is different and the ways it is managed will vary with circumstance. One size does not fit all.

A snowmobile club trail goes through our 80 acre hunting property. We have a written agreement (not easement), they do a nice job of maintaining the trail, and pay us $50/year for the 1/2 mile stretch. They are good at communicating with landowners. They have lots of stay on trail signage, and snowmobilers seem to respect that. They have nice gates where they cross fencelines.

Snowmobilers contribute a lot to our local economy, and I am happy that we are able to provide them with a little joy.