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

[Abe460]

If you do leave a space to mow...be absolutely sure you can prove that "you" are the one maintaining the other side of the fence. If he has the money, he could just go buy the same mower you have and say "it was me all along mowing, not this guy, buddy...I mean your honor".

Don't start a fight with this guy or even continue a fight. I learned the hard way that local politics can really hurt. You may feel wronged, but hurt feelings are a lot better than a hurt bank account.

 

[MossRoad]

Yeah, okay, there's a bit more to the story. The trees were planted decades ago by his grandfather and my wife's grandmother...where they thought the property line was. Turns out it was about a foot over their side, though as the trees matured the trunks and half the branches touched or crossed the property line. Over the years those trees formed a lovely canopy of shade, and the lower branches formed a natural privacy screen that gave us, the permanent residents, respite from the road and trails below, and from the senator's obnoxious kids. ("My Daddy's a senator; I can do anything I want!")

They've come up 4 or 5 weekends a year, firing bottle rockets at our sheep, playing loud music late at night and bellowing at the kids, cutting down brush and trees on another neighbor's property because it interfered with their view, and leaving trash behind which I have to pick up when the wind blows it around. Not good neighbors, and not the type any of the other neighbors associate with. Though I have plowed him out in winter, pulled his wife and teenagers out of ditches when they lose control in the snow, dug up stumps for him, and dozens of other neighborly things, he has never reciprocated or even called with a friendly thank you. Around here we do things like that for neighbors simply because they are neighbors.

But to have him walk the tree line with me, to mark the trees that were not to be touched, then to have him drop them anyway and cut all the branches off the still standing trees that could be reached with a 20' ladder so what remains looks like lollypops -- directing heavy equipment onto my property to do so ("I didn't want to tear up my yard; you only use it to graze your sheep.") -- was so far over the top that I feel the need to fence him out.

The trees I've planted or transplanted since then will take decades to mature. And yeah, maybe the chainsawing and target shooting is a bit over the top. Maybe I'll just move my manure pile down there. And surplus school buses can be had for $200. I might park one down there to block my view into his living room...and since he's a republican senator his side of the bus should have Obama and Rainbow Coalition stickers all over it. :thumbsup:

Well, why didn't you just say that in the first place? :laughing:

 

[MNBobcat]

From wikipedia:

Adverse possession requires, as a minimum, the following five conditions being met to perfect the title of the disseisor (some jurisdictions further require the possession to be made under a claim of title or a claim of right and/or other requirements listed below):

* Actual possession of the property
* Open and notorious use of the property
* Exclusive use of the property
* Hostile or adverse use of the property
* Continuous use of the property

 

[roadhawk]

They've come up 4 or 5 weekends a year, firing bottle rockets at our sheep.............................. cutting down brush and trees on another neighbor's property because it interfered with their view............................... Though I have plowed him out in winter, pulled his wife and teenagers out of ditches when they lose control in the snow, dug up stumps for him, and dozens of other neighborly things, he has never reciprocated or even called with a friendly thank you. Around here we do things like that for neighbors simply because they are neighbors.

Maybe I'll just move my manure pile down there. And surplus school buses can be had for $200. I might park one down there to block my view into his living room...and since he's a republican senator his side of the bus should have Obama and Rainbow Coalition stickers all over it. :thumbsup:

In the places I've lived, fireworks can only be fired during the New Years and 4th of July "seasons" by law. Call the law if they're breaking it (and the local newspaper?).

Cutting down stuff not on your land just for the view is illegal. Notify the neighbors that he's doing it to and see if they approved it or not. If not, tell them you'll be glad to help them out if they call the law (and the paper?) and you'll show them the "damaged" areas.

Tell him/her next time that even though you can and have towed them out and plowed their drive, etc, you can't do that anymore because of liability issues. If you mess up their car, drive, yard etc who do you think they're going to sue for damages? And Defiantly don't let them pay you for it!

I like the school bus manure with one side windows open idea, but you would have to live with that site too. And the wind doesn't always blow one way. :laughing:

Republican male Senator in VT. Guess that knocks it down to 5 people it could be...The Vermont Legislative Bill Tracking System

If it were really me, I'd talk to a lawyer in your area about the fence issues. You don't want a bunch of cost putting it up just to find out that he knew something you didn't, waited until you had a lot of cost and labor in it, planted your trees and maybe a quicker growing shrub (corn?) while the trees grew, and then he comes back and tells you where you went wrong and how he wants it all removed because he has the legal right to that because you missed a code, law, standard, or whatever.

 

[Dargo]

I agree, however best check with state , if neighbor can show proof he is maintaining strip over period of years some states do support his rights you have relinquished ownership. My suggestion , install gate and mow the 4' strip or maintain etc as needed to avoid any legal battles further down the road..

That's called "Adverse Possession". It's generally very difficult to achieve. Specifics vary from state to state, but in general you would have to prove that you have been the sole person taking care of the property for the last 7 years. It's rather hard to document that even if it is the case. If the real owner mowed it once, that time starts all over again.

 

[MossRoad]

From wikipedia:

Adverse possession requires, as a minimum, the following five conditions being met to perfect the title of the disseisor (some jurisdictions further require the possession to be made under a claim of title or a claim of right and/or other requirements listed below):

* Actual possession of the property
* Open and notorious use of the property
* Exclusive use of the property
* Hostile or adverse use of the property
* Continuous use of the property

Adverse Possession:
That's how I got control of the basement and garage from my wife! :laughing:

 

[dmccarty]

Adverse Possession:
That's how I got control of the basement and garage from my wife! :laughing:

:laughing: That is funny!

It is funny that you think you have control.....




Boondox,

I would put the fence as close to the line as possible. That is what I plan to do. If you leave a space that is just access for trespassers. You will keep it mowed and four feet makes a nice path.

And THEN get the bus with a bunch of Obama stickers. John Edwards lives just north of us. I knew he was a twit years ago but it took most people awhile to figure it out. The Edwards have a 22,000 sq foot home on a decent sized parcel. Very green to have a huge house for a few people. The house was as built was 6,500ish sf but that was too small so they added on. Improved their carbon foot print and all. Near by is a guy who has lived there for ages. Mrs. Edwards started giving him grief about his place. Secret Service was sent over, etc. He put up a bunch of Bush placards.

Later,
Dan

 

[MarkV]

Well when I looked into it, adverse possession of property is much more complicated than many here seem to think and it is also rarely awarded these days.

We set a fence back about 4' on a section of property and then added a T post about every 20' on the property line. With a private property sign on the T post and a bird house facing your side for esthetics there isn't any question where the line is.

Pete knowing all the winter activity in your area could the fence be a problem with cross country skiers? I know it is your property but if someone hits the fence, even without permission to be on the property, do you have any liability issues if the property is not posted as prescribe by your state?

MarkV

 

[Boondox]

Republican male Senator in VT. Guess that knocks it down to 5 people it could be...The Vermont Legislative Bill Tracking System

He lives full time in another New England state, what we refer to as the Deep South (anything south of Boston). This place is his vacation home.

Okay, I got some great feedback and a reminder to fill in the mental blanks first time so the story makes sense from the start.

Thanks!

Pete

 

[deepNdirt]

the best way to have a neighborly understanding of property line and fences is pitch in 50% 50% on the cost and the labor as I have with one side of my property line, 1200 ft of fence dead smack on the line, we had it survey and a flag line run, then we split cost of fence materials, all worked out good for the time he lived there and maintained his side and I mine, then he sold his place and the new owner has now let everything grow up and limbs hanging over my side which I simply cut off and toss onto his side one day he'll get the clue.......................but of course you mentioned this is your neighbors vacation home so most likely his side will stay grown over as well,