Neighbor removed my property line pin

[dave1949]

Trading frontage for back and may work to the OP's advantage for property taxes. I know it would here. The taxes are high on the "first acre" that fronts on a road the way our lots are assessed for taxes. They basically multiply the frontage by some number, and that becomes the value of the first acre. What's behind that is based on actual land value. Swampy land with standing water is $100/acre for example.

 

[riptides]

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.

Because someone is paying property taxes on the land. It has a lot to do with someone who is NOT. Regardless of their "claim". And common law in Virginia states -
adverse possession claims must show evidence that the ownership was continual, open and notorious, hostile, actual and exclusive.

Paying taxes can mitigate an adverse possession claim. It shows proof of ownership.

 

[MarkV]

Because someone is paying property taxes on the land. It has a lot to do with someone who is NOT. Regardless of their "claim". And common law in Virginia states -
adverse possession claims must show evidence that the ownership was continual, open and notorious, hostile, actual and exclusive.

Paying taxes can mitigate an adverse possession claim. It shows proof of ownership.

+1 riptides. Adverse Possession gets brought up all the time on the forum as a huge threat. It is not that easy and very few cases ever result in a change of ownership. If you are paying taxes on what your deed reads, even if the neighbor thinks it is his, it is almost impossible to win an adverse possession case these days.

MarkV

 

[bcp]

You need to have that line surveyed. Gis maps are not accurate like we want. Before going any further get a new survey.

N-S GIS lines at my place are 14 feet east of the surveyed line.

Bruce

 

[Jstpssng]

+1 riptides. Adverse Possession gets brought up all the time on the forum as a huge threat. It is not that easy and very few cases ever result in a change of ownership. If you are paying taxes on what your deed reads, even if the neighbor thinks it is his, it is almost impossible to win an adverse possession case these days.

MarkV

I wouldn't say it's a huge threat; yet here we have a case where the adjacent landowner knowingly built a fence, planted trees, and maintained land that wasn't his; with the knowledge of said landowner. ( who the current owner purchased it from.) It is something to be aware of even though not likely tl be a problem. If it was a house that would be different.

Furthermore there was talk of moving the trees; these are NOT his even though they're on his land.

 

[mjw357]

I wouldn't say it's a huge threat; yet here we have a case where the adjacent landowner knowingly built a fence, planted trees, and maintained land that wasn't his; with the knowledge of said landowner.

There's the difference, putting up fence or other permanent structures = land occupation. It's continual. Not sure what you mean by 'If it was a house that would be different'.

 

[pclausen]

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.

Wwwhat? I purchased the lot in 1999 and that house with the encrouching fence was already there. I actually purchased two adjacent lots at the same time. There were no improvemetns on the lot with the fence on it. The residense I live in is on the other lot. So I'm guessing it has been going on for over 15 years, but I certainly don't think it is fair that would entitle them to all of a sudden claim it as theirs! The woman that lives there is in her 40's like me and her husband died untimely due to cancer. She is a nurse and very nice. I actually just receive an email from her where she said she would be ok with me cutting down some of her trees, but she would want to see which ones first to make sure it would not disturb the pure nature view she has from her house. I'm pretty sure it would not be an issue.

I'll for sure have to look into this futher. ~3000 sq. ft. is not a vast amount of land, but as I was planning to put in a fence and some leyland cypress for privacy and to protect my Christmas Tree stand, I want to make sure this is done the right way. Mom just purchased a lot half a mile away and we had the seller re-survey the land and mark everything. I believe it cost him $600. He is very familiar with the area. I'll look him up and see what he thinks. That will be a good place to start I think.

Still, I would be very suprised if Virginina has a "use it or loose it" kind of law on the books for land...

EDIT: I just read the next several posts. Phew, looks like I got a good chance of not loosing my land after all.

 

[riptides]

,,,,Still, I would be very suprised if Virginina has a "use it or loose it" kind of law on the books for land...

EDIT: I just read the next several posts. Phew, looks like I got a good chance of not loosing my land after all.

We don't have such a thing - "use it or loose it", -and-

IMHO, I would not be concerned about "adverse possession" in your case.

 

[Jstpssng]

Wwwhat? I purchased the lot in 1999 and that house with the encrouching fence was already there. I actually purchased two adjacent lots at the same time. There were no improvemetns on the lot with the fence on it. The residense I live in is on the other lot. So I'm guessing it has been going on for over 15 years, but I certainly don't think it is fair that would entitle them to all of a sudden claim it as theirs! The woman that lives there is in her 40's like me and her husband died untimely due to cancer. She is a nurse and very nice. I actually just receive an email from her where she said she would be ok with me cutting down some of her trees, but she would want to see which ones first to make sure it would not disturb the pure nature view she has from her house. I'm pretty sure it would not be an issue.

I'll for sure have to look into this futher. ~3000 sq. ft. is not a vast amount of land, but as I was planning to put in a fence and some leyland cypress for privacy and to protect my Christmas Tree stand, I want to make sure this is done the right way. Mom just purchased a lot half a mile away and we had the seller re-survey the land and mark everything. I believe it cost him $600. He is very familiar with the area. I'll look him up and see what he thinks. That will be a good place to start I think.

Still, I would be very suprised if Virginina has a "use it or loose it" kind of law on the books for land...

EDIT: I just read the next several posts. Phew, looks like I got a good chance of not loosing my land after all.

It isn't "use it or lose it..." more like allowing somebody else to treat it like they own it for a certain number of years. In your state it's 15 years.

There are also other criteria, the biggest being she would have to make a legal claim in some way, shape, or form.
The comment about taxes could be a tough one to prove, given the small area.

What could cause problems for you is that the person you bought your land from was aware of this and allowed it to happen; and it sounds like enough time has passed so that if your neighbor wants to be a (bleep) she could be.

For more info do a search on "adverse possession". This case Is this adverse possession? or what? - Avvo.com is very similar to what you describe.

 

[Jstpssng]

Wwwhat? I purchased the lot in 1999 and that house with the encrouching fence was already there. I actually purchased two adjacent lots at the same time. There were no improvemetns on the lot with the fence on it. The residense I live in is on the other lot. So I'm guessing it has been going on for over 15 years, but I certainly don't think it is fair that would entitle them to all of a sudden claim it as theirs! The woman that lives there is in her 40's like me and her husband died untimely due to cancer. She is a nurse and very nice. I actually just receive an email from her where she said she would be ok with me cutting down some of her trees, but she would want to see which ones first to make sure it would not disturb the pure nature view she has from her house. I'm pretty sure it would not be an issue.

I'll for sure have to look into this futher. ~3000 sq. ft. is not a vast amount of land, but as I was planning to put in a fence and some leyland cypress for privacy and to protect my Christmas Tree stand, I want to make sure this is done the right way. Mom just purchased a lot half a mile away and we had the seller re-survey the land and mark everything. I believe it cost him $600. He is very familiar with the area. I'll look him up and see what he thinks. That will be a good place to start I think.

Still, I would be very suprised if Virginina has a "use it or loose it" kind of law on the books for land...

EDIT: I just read the next several posts. Phew, looks like I got a good chance of not loosing my land after all.

It isn't "use it or lose it..." more like allowing somebody else to treat it like they own it for a certain number of years. In your state it's 15 years.

There are also other criteria, the biggest being she would have to make a legal claim in some way, shape, or form.
The comment about taxes could be a tough one to prove, given the small area.

What could cause problems for you is that the person you bought your land from was aware of this and allowed it to happen; and it sounds like enough time has passed so that if your neighbor wants to be a (bleep) she could be.

For more info do a search on "adverse possession". This case Is this adverse possession? or what? - Avvo.com is very similar to what you describe.