Neighbor removed my property line pin

[radioman]

To all

Thanks for all the comments and suggestions offered. I was surprised with the amount of interest in the topic. I'm not really sure if I should air this neighbors 'dirty laundry' that led to me blocking him out completely. But he deserved it 100% and I have no regrets whatsoever. It's my property and I'm free to do as I see fit within the local laws just as he is and what he did with his. If there's any interest in the backstory...I'm sure it will generate more comments...I'll put it out here. Might not be til weekend, but I've got nothing to gain or lose by doing so.

Thanks again for all the input!

Of course - we love our property just like we love our tractors. I think we all see ourselves in this situation one time or another.

And if the survey does show what you think it will, don't cut her trees down without resolving the issue first. She may be in the wrong with the fence, but you'll be in the wrong for cutting trees and as they say, two wrongs don't make a right. Who knows, maybe one of those trees was planted in her husbands memory and you'd open up a huge can of worms.

I'm not sure I agree that she should pay for it either, it won't be cheap, at least it wouldn't be here. You can tell her to get off your land for free, but if you want the lines redrawn, you'll both benifit and I would think you'd both pay. Just my opinion.

Well said -- the hardest thing to do is swallow your pride and try to work things out calmly ... key word calm.

 

[pclausen]

Are you guys saying that the iron rods that I have located may not be in the correct locations? I have the plat and my meassurements from rod to rod match exactly what is on that plat.

I spoke to another neighbor, who was the original owner of the whole area, about 400 acres. And I showed him the GIS map above and he said that he remember when they built the house, the fence was clearly entrenching on the neighboring lot (which was unsold at the time). The late husband did not neet seem to bothered about it. Since then trees have grown up, and then I came along 5 years later and purchased 2 lots, including the one with a bit of her fence on it.

Btw, back in the 70's when he purchased the 400 acres from a large logging company, he said the attorney's fees were about the same as what he paid for all that land! Now land in this area is going for well over $12k per acre.

On second thought, I agree that splitting the cost of having the lines redrawn is more fair. Hmm, I wonder if I go talk to her about it and she agrees to unofficially move the lines if we would still need to get the county/courthouse involved?

 

[kiotiken]

I'm saying don't cut any trees or move any fences until it's clear beyond any doubt to all involved where the lines are. If she unofficially agreed to move the line, I don't think I'd want to move in and clear cut it. The next thing you know, her son will have you in court for taking advantage of his elderly mother or some other BS. When you're dealing with property, I'd highly recommend against anything that's not official, people are by their very nature territorial.

 

[sdkubota]

pclausen,

I think you have a good solution and I would again approach the neighbor and tell her one of two things ARE going to happen. 1. Her road needs to be moved off of my property at her expense; or, she can pay to have both properties re-plated and a land swap will occur where you propose which won't require anything being moved. Personally, I would get prices from a surveyor for changing the property pins and re-platting so I could present her with the cost. I would also consider paying for some or all depending on how much it would benefit you. I would guess you are looking at $1k to $2k for the survey work. That might be hard for her to come up with...maybe not? I would try to get an agreement before any survey work as to save duplication of costs. There is obviously some encroachment.

 

[ray66v]

You can tell her to get off your land for free, but if you want the lines redrawn, you'll both benifit and I would think you'd both pay. Just my opinion.

I have not read the entire thread, how does he benefit?

From the photo, he is trading frontage for back land. Frontage is worth more money.

Unless I am missing something, the mistake seems to have been made by the neighbor, so the remedy should be at their expense. I would offer a choice: (a) Get off my land, (b) Buy or lease the part being encroached on, and she pays all the expenses, or (c) A swap that would be equal in value, and she pays the expenses.

It's land, they don't make it anymore.

 

[sdkubota]

pclausen,

If the property locations are changed, the surveyor will install new property pins and file a new plat for both parcels in the Court House. Without filing the new plats, nothing is changed in the eyes of the government. That is normally the surveyors responsibility and they know what the county will require for the re-platting. If the property lines are not changed, they don't need to be involved. Land swaps are not always equal in size based on their perceived value. I don't see a huge difference in value between the areas you propose swapping but that will be your decision.

 

[Jstpssng]

It sounds like the neighbor has maintained that land for a while. This could very well fall under the "adverse possession" category; especially since the previous owner knew about it and didn't take action. It's also why it could be a good idea to have a survey done before you buy the land, if you don't walk it yourself to make sure the deed adds up before the purchase.

 

[mjw357]

He actually WAS taking care of some of my property prior to the survey. If he wanted to claim it I'm sure he would have tried after the survey was done. Adverse possession in CT is 15yrs.

Adverse possesion laws vary by state, but typically just mowing over a few feet onto the neighbor isn't enough on it's own to warrant it. There are several conditions that have to be met continuously over that 15 year period. I didn't go through and read every post so I don't know all the details or your concerns. But if you have a situation where the neighbor is using or occupying part of your property, you can give them license to do so and that will break any adverse possesion action. Send them a letter stating that it is OK for them to use your land. Have it delivered certified mail, so you have proof they got it. Again, these laws vary so consulting with a real estate attorney is a good idea if you have concerns or disputes.

You bring up another valid point and one I thought of once or twice. In fact I'm surprised the surveyor I hired didn't say anything when the pin was set next to the phone line riser. The neighbors underground phone line is buried on the property line (about 400' worth of mine) or maybe an inch inside give or take. No easement mentioned in the deed.

The utility easement you are looking for, if one exists, will be in a seperate deed from a prior land owner to the phone company.

 

[riptides]

It sounds like the neighbor has maintained that land for a while. This could very well fall under the "adverse possession" category; especially since the previous owner knew about it and didn't take action. It's also why it could be a good idea to have a survey done before you buy the land, if you don't walk it yourself to make sure the deed adds up before the purchase.

This is Virginia. We pay property taxes. I highly doubt "adverse possession" will come into play.

 

[Jstpssng]

This is Virginia. We pay property taxes. I highly doubt "adverse possession" will come into play.

Huh? What does one have to do with the other? If someone possesses your land openly and blatantly for 15 years (in Virginia) they may be able to claim the portion which they have occupied. PClausen didn't say how long it's been going on; but it sounds like quite a while.