Neighbor Fence On My Land

[2manyrocks]

His willingness to move the fence is the best deal you can get. Unless this is just a tee post fence with a few stands of wire on it, it's actually more bother to move the fence than drawing up an easement agreement.

Don't be neighbors with JJ or he'll sue your pants off.

 

[J_J]

Pirate,

Wrong is wrong, if you let him get away with it, it could get worse later. A week ago, I had to meet with the State Attorney for a mediation hearing about a neighbor dispute. I had no idea what it was about until I called down town and found out. . Come to find out my neighbor assumed my fence was on his property and he wanted justice. I went prepared with pictures and survey which was senior over his, One of my fences is about 4.7 ft from the property line, and he assumed his corner was at my fence corner. Not so. The distance from my corner to the capped pin with number is noted. I up scaled that corner about 5 times , and after looking at it for several minutes, his only words were, I will have a new survey done, and Friday, they were out there doing their thing, and I should know the results in a week. I feel certain I did no wrong. by putting a fence inside my side the line on the survey. My survey is the large survey for 40 acres, and his is for ten acres of the 40 acres parcel. Just ask several surveyors in your area about the time line thing. You can't assume that a fence line or a tree line is the property line. He is not a good neighbor if he doesn't understand right is right.

But sir . your bull has been fertilizing my cows for years, don't that make him mine.

 

[J_J]

His willingness to move the fence is the best deal you can get. Unless this is just a tee post fence with a few stands of wire on it, it's actually more bother to move the fence than drawing up an easement agreement.

Don't be neighbors with JJ or he'll sue your pants off.

No. I would not sue, but would use other means to convince him of his error.

While I was typing my previous post , it seems like you have resolved the situation. He probably knew all along he was wrong.

 

[LBrown59]

Not a problem Tear it down since it's on your property.

It's his fence ; must be since it's on his property.so why not ?

 

[Pirate]

He knew it was over and so did I but we both just put off finding a good solution until today. Actually, when he put it in he thought it was on the line. Then, guy I bought from has survey, then they find out it was not on line. They told me when I bought but I have maintained with him all along that we needed better solution. It will be a PITA to move/replace. Five wood posts cemented in, they will be cut off with saw. Rest are t-posts. Again, I did offer an out (cheap lease) but he decided to move fence. I never asked him to but moving it is the best solution.

 

[Egon]

You won one Pirate!

 

[RonMar]

Wow, a happy ending. You only usually hear about the ugly ones...

 

[Pirate]

I was looking for some info on how to work on my trail today (rock or grass) when I came upon this 50 page post (http://www.tractorbynet.com/forums/rural-living/14251-help-i-need-legal-advice.html). Wow, it's like some dang horror story. After I read all of that, I decided to talk to my neighbor.

 

[2manyrocks]

JJ, I'm sorry to have posted something that is touchy subject to you. It was a mistake and I didn't know you have your own dispute.

Now if someone will help me get my foot out of my mouth....

 

[LBrown59]

A business partner had a survey of his vacant lot and found the neighbors on one side encroached 20+ feet into his lot 1/2 acre lot with a board fence.

The neighbor, from day 1 were confrontational... they told my friend that nothing will be built on the lot as they had stopped previous owners from building.

My partner found out the family was going away to their son's graduation and organized a crew of a dozen men... in 2 hours, there wasn't a trace of the old fence and a new temporary cyclone fence was put in with no trespassing signs.

Neighbor was furious, called the police and eventually sued... the judge asked him why he built the fence on land he didn't owned and asked him to produce a survey showing my partner was in the wrong. His lawyer argued adverse possession, but wasn't able to produce and documentation that he had been paying the property taxes as required to perfect in CA. Neighbor also had to pay a portion of my partner's legal fees

Took about a year to get things settled and then the land was sold for a nice profit to the neighbor on the other side.

I think this legalized form of land theft needs to be outlawed.