Dumbest thing I seen lately!!!

[patrickg]

Most folks have heard of "Dumbest crooks" files, video clips, etc. How about dumbest thing you've seen lately?

I'll start.

Neighbor plants several ornamental pear trees 10 feet over property line on my place. I approach obliquely commenting, "Hey thanks for landscaping my place, man." No response. A couple months later they put an ornamental fence across the front of their property extending 10 ft onto my property. I comment, " I think the fence might be past the boundary." Response, "Maybe a couple inches, what does it matter you have so much land anyway." They re-transplant the trees so they aren't so far into my property.

A week later after having carefullly measured with a 300 ft tape while they were gone I say, "My estimates are often not too accurate but I'm guessin' the fence is something like 10 ft over the line." Neighbor gets all pouty like a little kid whose mom said "no" but eventually helps measure with his 100 ft tape and the fence is 10 ft too long. He says, "Do I have to shorten it?" I allowed as how it would probably make sense and cause less confusion if the fences were close to the boundary lines. He says, "Do I have to take the second post out too, its not too far over?" ... and the beat goes on... I'll wait, read, and chuckle at other folks humorous posts before posting another in my ongoing series.

If this, or the posts to follow aren't funny, tell me and I might quit(would you believe, cut back?).

Patrick

 

[ERNIEB]

Patrick, I don't find this too funny, only because I've had a similar neighbor boundry problem, that has lead to a whole string of other problems. I'll call this neighbor, neighbor Z.
I have another Neighbor, neighbor A, who's cows are allways getting into my property. His bull always likes to visit for awhile. It does not bother me because my cows get into his place too. We have stayed on friendly terms.
Well, now neighbor Z will call neighbor A, whenever neighbor A's bull comes on to My property. I told him not to worry about it, and to just ignore them. But it irks me that they are trying to cause trouble between me an my neighbor A. Then there is the one finger salute their children give me and my wife when we drive in and out. Wire and beer cans thrown over the fence, and well, you see what I'm saying.

Ernie

 

[mdbarb]

patrickg
I would worry about perscriptive (sp?) rights and actually losing that portion of your property. Insist he puts his fence on his property. short term - a few feelings hurt, long term you keep your property

 

[StoneHeartFarm]

Get a survey on the front corner or the line between you and the problem neighbor. Have the line staked. In some states, if someone holds land openly and hostily for a given number of years, they can file for Adverse Possession. A court hearing is held and the property becomes theirs. Remember, possession is 9/10ths of the law. These people have planted on your land--that's using it openly. They have fenced it-- and that's about as hostile as it gets. Also, an easement by prescription can be gained by using a piece of land for a prescribed number of years.

You might want to consult an Attorney, (find one with free consultation), just to see what he thinks. Different states have different rules regarding these things, and I'm not an Attorney. But I don't think I'd just let this go.

SHF

 

[patrickg]

Ernie, mdbarb, SHF, Thanks for the advice. I knew about adverse possession (maybe he does too). My real intent was to share what I thought was so dumb it was funny) kinda like a bulldog being so ugly it is cute).

Recall, I said the beat goes on. He asked me to share the cost of a surveyor and I agreed. Seemed OK to me since otherwise I was going to pay the whole load anyway. I called umpteen surveyors. NONE could come out in less than three weeks. They got one in one day. Since some relative of his wife has the equipment but may not be lisc., I'll be checking to see what if any report got filed. I agreed to pay half but get a copy of their legal desc to see what they were surveying to and get a copy of the official report. No report as of yet and no copy of description so I haven't flagged them down and paid either.

They don't have a deed since they are in one of those good ole boy transactions where when you finally pay off the owner the deed transfers. I think I will check at the court house to be sure one way or other about report getting filed. In these parts a survey has to be filed at the courthouse. I think if this checks out like I think it will, what I will probably do is get my own survey from a lisc bonded surveyor and fence just inside that.

For nearly three years (since they bought their 350x150 feet) they have been pestering me to sell them some of my adjoining land. For the same time they have been going to put up a pipe fence. Everytime I say I will put up a 5 strand barbed wire fence they throw a hissy fit and repeat the pipe fence real soon now story. At one point I agreed to front some pipe for posts and let them replace the barbed wire with pipe when convenient for them. Next I offered to toss in some cash as well equal to what the barbed wire fence would have cost me. Still no action. Now I'm thinkingI will put barbed wire around them on three sides and let them build any fence they want inside that. Wierd deal. I bought 160 acres less a lot 150x350 feet as the lot was separate due to previous owner's divorce.

When I'm not here they drive 4 wheelers all over the place, fish my 10 ponds, shoot the xxxx out of everything in sight (scares the neighbors), and in general act like they own it all. They proudly showed me an aerial photo they paid to have made of their place. Lucky for them the fences weren't in yet since 75-80% of the land in the photo is mine.

Every officer of the law in this end of the state has been invited to fish in this guy's ponds (so the officers tell me). Funny thing, only pond they have is a plastic wading pool in the back yard for the dogs (6) to cool off in. The chief of police of a nearby town was fishing some of my ponds (with my permission while I was gone for a few weeks) and this guy roars up to him on his 4 wheeler with a rifle in his scabbard to see who was fishing in "HIS" pond. The chief wasn't amused. I think the guy is gonna flip when I fence him in.

Interestingly enough while away those weeks he was reported to be running around my place shooting his guns. Someone put a .30 cal round in his jeep. Seems it was a message to be more careful as his ricochets were whistling over the houses of 3 of my neighbors a mile south. No one owned up to it but when questioned by a dep Sherrif one 25 yr old in a wheel chair replied, "If I had shot at him I wouldn't have missed."

I've been bending over backward trying to keep civil relations. No other neighbors will have anything to do with him. When I pull the plug he may feel a bit isolated but I only was trying be civil not adopt him.

Patrick

 

[M. Sullivan]

Sounds like you better resolve this pretty quickly. The guys actions could easily get you tied into some legal issues. Of special concern is the fact he's approaching people armed on your property. I can just see some scum ball atty., 'well patrick, you knew he was policing your property, right.......'. At minimum send him written, certified notice to cease and desist use of your property. I think you're one great neighbor to put up with what you have and keep such a light hearted approach to it all. Appears the guy doesn't know how lucky he is.

Had a dumb one myself a few years back. Moved to his 2A enclave in the country and proceeded to party, burn in the dry woods, try to take my property, dogs barking 24/7. Started shooting off his deck with friends and a case a beer. Seen the muzzle sloppily tip my way on a few occassions. Sent him a copy of the MI law that provides 400 ft no-fire zone from an occcupied structure, and my best guess of what that meant with a compass on the Twp. plot of areas properties (other neighbors not amused as well). No shooting except maybe a small area in the swamp in the back, maybe 50'x50' max. Proceeds to go out there and start firing into the farmers property that abuts--who stopped by my place to see what was going on. He confronted the guy who told him he was within his right by the 400' law--and to leave. Bad move. Farmer proceeds to have friends over and shoot clays directly over his pond/house for a few hours. Problem solved.

 

[cowboydoc]

I agree with everyone else resolve it right away or he may well take you to court and own the property.

 

[Von]

Patrick,
I ran into the same problem when I bought my Antique shop.
It was a bank foreclosure, and the bank held the property for 3 years. They had written a loan for almost 800K on the property and were thinking they could sell it for all of that. (I paid 215K) Anyway there was no survey done, other than the map was resigned so there was no stakes on the corners of the lines. I took the maps and look for the lines with little luck and one of the neighbors comes out and ask what I'm doing. Nice enough guy and he shows me the line. I seem to own half of the lawn that he has been cutting for the past 3 years. (found out his hidden dog fence is on my lot by about 50 ft. after has dog bites my son.) I stated that he can still cut it if he likes, but I am not giving up my property. Then the other neighbor starts doing the samething and even brings in a backhoe to clean up my lot so he can extend has yard. I told him the samething that they can cut it, but I am not giving up any of my rights to my property. After talking to my lawyer, he stated to just write them each a certified letter outlining that they cut the grass at their own risk and cost and that they can not build, park or have any rights or say on the property, but they can still cut it if they choose to. Well after they both get the letter they both stopped cutting my grass. I found out that they both thought that they could make a claim to this land if they maintained it for 5 years. It is almost 1 ac. of property they had their eyes on. So do be careful of any neighbor, no matter how nice they are. I only cut the grass about every 6 weeks with the brush hog so its not as pretty for them to look at anymore. But that is their choice. They have both offered to buy property from me in the past, but I am thinking of putting in high end townhouses up there. So I will need all of the land for setbacks. They are both steamed at my plans, but the village is excited by my plans and keep asking when am I going to start.

 

[rmorgan]

Patrick--

I've recently done a bunch of research on adverse possession law here in Ohio, and assuming some similarity in California, it's not your major worry at this point--it takes 21 years of "open, notorious, and adverse" possession to even establish a claim, and where the neighbor simply poaches land and is called on it, there's essentially no chance of success. The bigger problem, obviously, is the guy treating your whole parcel as his stomping/hunting/riding grounds. Here, "no trespassing" signs are a preprequisite to enforcing trespass laws, and when we had some folks seeming to be building a mountain bike trail on our furthest-away dozen acres, posting the land had the desired effect; no further activity. But since this guy knows it's your land, you've got another issue--if his kids (or his kids' friends) get hurt on your lot, they'll be looking to your insurance company. Especially true as to ponds; like swimming pools, they often are an "attractive nuisance" and owners can be liable for injuries that occur there. The problem is, of course, dealing with aggressive neighbors (with a bunch of guns) while protecting yourself . . . but back to my first point, you're not at any real risk re. adverse possession--at least not until about 2020, and especially not based on the actions you've already taken.

 

[DFB]

Patrickg,

Your tolerence of your abutters is better than I had with mine, especially when it costs me money to set it right. Seems most of us have a neighbor story we can share. So here's mine. Talk about CLAIM JUMPERS. Guess the grass is always greener on the other side of the fence. After the original owners of the property passed on Neighbor #1 went out thru the woods spraying trees with a can of orange spraypaint, delineated himself a "new" boundry line and put up his own fence to match thru the open field after taking down the exisiting one. Approx. 6ft over by 1000' deep. Now talk about a concerted effort. Neighbor #2 goes out and blazes himself a new line too, using dark green spray paint (harder to see, he must not have been so sure of himself) grabs 4' over by 800' deep and across the back 50' over by 300' wide across to neighbor #1 "new" line. and also jogs the line out and around a building that was on the property (an old greenhouse) and "claims" that for himself too, and fences off the access to it. Unreal. Over half an acre total.

Now this crap is enough by itself, but here's the ***kicker. Neighbor#2 was boarding horses for a riding stable located down near the beach so during the off season they were running trail rides for profit using this property for the trail loop.

I confront these "neighbors" about the issues. #1 says the that the town had come along and surveyed the road frontage and "found" some x-tra land so they gave it to him. #2 tries to tell me the greenhouse belongs to him because the former owner "gave" it to him before he died. Says the trail riding not them but another stable down the road. (not even an abutter).

You know the real joke is that this was family owned property and I had been using and caretaking the land for 15yrs prior to this. Reminds me of the old saying, "I didn't just fall off the turnip truck yesterday".

After a survey (at my cost) proves all the fences and building are on my property, the lawyer says if they are on my land I can do what I with them (tear 'em down) the greenhouse being labeled as an attractive nuisance. But it would more neighborly of me to work something out with them, SO we send out letters about the fences. Plus a cease and desist on the trail riding venture. He wants me to grant a "License" to #1 allowing him to keep the fence where it is provided he maintains it, acknowledging the fact it is on my property but has to remove it if I request. How nice of me, BUT he says " I ain't signing nuthin'. How neighborly. So he gets on his ol' ford 2000 and takes the fence down and puts it up all over again on his side of the line. Some people are so hard to please. /w3tcompact/icons/smile.gif Now, #2 moves his fence back to line up with survey line. No license for here because the land was needed for a new driveway This also was to include taking the greenhouse down. SO being so neighborly again, tell this one he can have the building but he has 30 days to move it onto his own property. He whines and complains about the time constraints, but in the end gets on his kubota and drags it 15 feet into his yard.(where it sat for the next two years). Anyway all the advice given here has been right on target. Good luck. Keep posting.


DFB