If I install a fence 4' up from the property line...

[BruceWard]

Not sure about Vermont but in Arkansas the property would become the neighbors after 7 years. If you are going to clearly deliniate your property line with a fence make sure it is on the property line.

 

[Boondox]

So he cut down some trees on his property and you are now so displeased you do your chainsawing, woodsplitting and target practice there just to spite him? Why don't you just plant some trees on your side instead?

Doing that too, but when we discussed prior to his cutting I expressed my concerns about the impact on my privacy, its impact on my dogs, the skiers and hikers who would cut across my land because they can now see the trails beyond, and the tourists who would see my livestock and come "play with the pretty sheep," all of which has happened. He listened to my concerns, shook my hand, and promised to only trim a few branches. He then waited till I was at work and dropped 40.

He is here maybe two weeks out of the year. But who am I kidding. He's a lawyer and politician; I should have known his word and his handshake were meaningless.

Pete

 

[whistlepig]

If you leave the strip of land unattended and the neighbor can prove that he has taken sole care of it for several years ( I believe 7 years in Ohio also) he may be able to go to court and claim it. This can be prevented by making a note of the property line situation and having it put on file at the county courthouse. I fenced in a section of my neighbors property one time with his permission. He was OK with it but did tell me that he was putting a letter on file at the courthouse to prevent me from claiming it in seven years.

 

[HowlingWolf]

As a professional property theif let me put in a few words. He is a lawer. Hello!! I would put your fience line 12" on your side. This shows it is yours alone not a joint fence as would be if right on the line. Also send a certified letter informing and giving him permission to attach to your fence if desired. He cant claim he is taking the land under adverse possission because you gave him permission. I take land all the time where owners dont care. If someone is using your land, you have to take steps to keep it yours.

I hope some of this helps.:thumbsup:

 

[greasemonkeyok]

Lessons from the school of hard knocks:

1 Good fences make good neighbors.
2 Lawyers love boundary line disputes $$$$$.
3 Landowners oftentimes do not know where their property line is actually located.
4 Surveyors make mistakes, just like the rest of the human population.

 

[schmism]

put it up 4' back and still mow the 4' on the other side. by doing so you still assert that 4' is your property.

 

[Ken45101]

If you leave the strip of land unattended and the neighbor can prove that he has taken sole care of it for several years ( I believe 7 years in Ohio also) he may be able to go to court and claim it. This can be prevented by making a note of the property line situation and having it put on file at the county courthouse. I fenced in a section of my neighbors property one time with his permission. He was OK with it but did tell me that he was putting a letter on file at the courthouse to prevent me from claiming it in seven years.

IANAL, but I've had a lawyer tell me that "adverse possession" doesn't work that way any more in Ohio (and it used to be a longer period anyway).

If you put the fence directly on the line, then you have to have a precise survey to establish where the line is or you might have it on the neighbor's property.

In some places, the fence line eventually becomes the official boundary, especially on very old properties.

I would go ahead a put the fence up 4-8' from the property line, depending on how much room you need to mow. I would definitely make sure that YOU maintain that space and I would also put up some steel t posts on the actual corners and maybe a couple in between to show the property line.

Ohio law may have changed, but as of 8 years ago, you can force the neighbor to pay half the costs of a farm fence if it is on the property line. If he refuses, then you can go to the township trustees who have the authority to enforce his cooperation. He is also responsible for half the cost of maintaining the fence. I'm not recommending that approach, just pointing out the legal issue.

Ken

 

[MMagis]

Ohio law may have changed, but as of 8 years ago, you can force the neighbor to pay half the costs of a farm fence if it is on the property line. If he refuses, then you can go to the township trustees who have the authority to enforce his cooperation. He is also responsible for half the cost of maintaining the fence. I'm not recommending that approach, just pointing out the legal issue.

Ken

Ohio law has changed.
Put the fence on the line unless you're willing to give that land up. It may or may not come to that, but is it worth the worry because of a few roots?

 

[Thomas]

I recall court case in NH years back tree line serve boundary markers like stone wall..also stated in deed..new land owner had trees cut..new trees plant by court ruling..must have been old law in NH book???

 

[brin]

You are exactly right about adverse possession Roy...it is the same in Georgia..I'd put the fence on your property but right at the line.