Neighbor thinks he owns my land?

[Fixemall]

Some kid gets seriously hurt on your property and you took no prior action to keep them off...get used to Ramen noodles because a personal injury lawyer will eat up your insurance, savings and all your assets in the first goround.
Sorry to be blunt but, you have to protect yourself these days.

 

[MotorSeven]

Good grief, why are so many scared to go talk to a neighbor? That would have been the very first thing I did(hey if you feel you need "back-up" bring a friend). Introduce yourself and then start out with, "I'm not sure you are aware, but....."
After a civil discussion(at least on your part) and then you understand that they are not going to comply with your request, it is time to start your legal actions.


I would bet that a 15 min conversation will have everything straightened out.
There is no way I would spend a dime, or waste time until after I talked to them....jmho.

 

[turnkey4099]

Good grief, why are so many scared to go talk to a neighbor? That would have been the very first thing I did(hey if you feel you need "back-up" bring a friend). Introduce yourself and then start out with, "I'm not sure you are aware, but....."
After a civil discussion(at least on your part) and then you understand that they are not going to comply with your request, it is time to start your legal actions.


I would bet that a 15 min conversation will have everything straightened out.
There is no way I would spend a dime, or waste time until after I talked to them....jmho.

Yes. Use the feather approach first before bringing out the big guns.

Harry K

 

[dmccarty]

To talk to them or not, to state the obvious, is your decision. I have had problems with neighbors over the decades. Talking some times works. Well, no, it has never worked, well it did once. ONCE and that was because the trespasser was a kid with responsible parents. Talking to drug dealers or drunks is a waste of time.

I have chased off trespasser with guns shooting on my land. I would NOT recommend doing what I did to most people. Supposedly I have the training and experience in such matters but it still is not a good situation.

I have a "problem" property line. Years ago the owner of the land next to us did not have a clue as the property line. Why? Because he tore down the flagging. Why, I have no idea. The house he built is not square and plumb on the lot because he tore down the flagging. Their septic field ran 10 feet along side the property line. I knew the guy would put the septic field on our land which would be a mess.

I got the survey company out and they flagged the line, put in a pin between the corners along with some other work I needed done. It cost me a few hundred dollars but that was cheap compared to lawyer fees if the septic field had crossed the line.

When the flagging showed up I got a call from the property owner ASAP asking why the flagging was on their land. My answer did not make them happy but problem solved.

Find out the posting laws in your state. NC requires that the sign be a certain size, be placed at given distances, and now we can use purple paint which is really nice. Once the surveyor flags the line put up the signs per the law.

If they continue to block your trail at a given point, clear the obstruction, and setup a hidden trail camera...

Talking to them? You suspect they are stealing. They have trespassed repeatedly and have blocked your access to your land. Them thar actions ain't friendly. Talking on the phone maybe. In person? On their land? I would think about it long and hard.

Go read the thread from MDBARB. It has to be one of the longest running threads on TBN. It is about an easement dispute between him and a neighbor. He lost. He lost lots of money. My impression, is that MDBARB might have lost some court brownie points during the lawsuit because of his face to face interactions with the neighbors.

Later,
Dan

 

[SPIKER]

if you are there you can take steps to find out when they are on your land and then go and talk to them. make them aware who's land it is on and give them half a chance to do right thing. If they are hunting your land then you need to make them aware they require written permission or else you can become liable should something happen. Not to mention prime hunting land can fetch some good coin$$$

When a new neighbor moved into my area we caught them on my land riding some trails with a dirt bike. Their dad & uncle were also on my land I was working up at the house. My GF and Sister-n-law were out back picking berries when they saw the guys. I first told kids they needed to get permission from me and their parents, and the guys had came over looking for us watching he kids.

they have been OK for most part but had to once again speak to them when they were shooting using my woods as a back stop while I was in them... yep handed them a slug from a large cal hand gun that dropped some few feet from me! told them I was rather displeased and requested them to make a backstop that would prevent any further issues like that for both our sakes. that was 5 or so years ago, not hardly an issue since...




some one posted about avers position in ohio, one of the stipulations is they have to be paying the taxes on said land as well as maintaining it in a manor suitable with it's use. if it is woods then keeping it clean/free from debris issues. If a city Lot then mowed ect...

 

[Clyde]

All excellent points from people trying to help you Strum. It is also great to have people from your own state respond as to the vast difference in laws from state to state. In this state, "no trespassing" sign are no longer needed. For a hunter or for anyone to enter your property, he best have your permission and that person is identified by a license plate or someother clue, all we have to do is call the sheriff dept and it will be handled in court. My piece of land is going through a similar problem right now. My father bought the land in 1921, never lived on it but used it recreationally. The property was never officially surveyed but none of this area had been nor is registered in the Court of Deeds Office. When my Father passed away, I bought the land from the estate and promptly had it surveyed with a certified surveyer. The surveyor informed me at that time that the fence lines on the north end was 22' into my land, and to the west end, 10' into my property. Then I learned the term "adverse possession". Despite the fact that the original owner never contested it almost 85 years, just because I bought it 4 years ago does not reset the timetable for adverse possession. If the two adjacent landowners consent to signing a "quit claim deed", I can reclaim what I'm already paying taxes on and at my expense, erect a new fence on the property stakes. Minimum expense to retain a lawyer if this goes as hoped. As the attorney told me, if the landowners don't sign the quick claim deed and I want to pursue it in court, be prepared to spend $25,000 in legal expenses, and my chances of winning in court are slim. Holy cow!!! $25,000 to prove a point? This land is wooded and other than providing me with veneer grade red oak, white oak, maple, and beautiful wood to use my sawmill on, nature lives undisturbed. The fence lines separate my woods from their cropland so no trees involved. It appears that the laws made for these sort of situations were never meant for honest people as they are always looking out for someone other than me - I'm not willing to spend that sort of money to prove a point. My advice is to always know everything there is to know on the subject before backing yourself into an embarassing corner and then to ask yourself if it is truly worth legaaly pursuing without being guaranteed a favorable outcome for you. Best of luck as we both need it!!!!!

Gary

 

[Hollow]

I don't know about PA but in MS and AL you can't just go set up camp and after 7 years claim the land as your own. They would have to actually prove that they thought the land was theirs and that they have maintained it every year for the past 7 years. So if the previous owner had even verbally told them "Hey, this is my land but you can continue to use it" there is no way they could claim it. When I moved on the property I live on now my next door neighbor promptly came over and introduced himself and let me know that my pasture actually crosses over onto his property but I could continue to use it and keep the fence where it is as long as I maintain the property, keep it clean and understand where my land ends and his begins.

 

[powerpace]

In Alabama it is seven years and the person claiming the adverse possession must jump through a few more hoops but it is done.

In Mississippi adverse possession can be claimed after ten years of open possession. Cases in Court have been decided for the squatter even after the landowner told the squatters to leave. The landowner having not proceeded with furthur actions (calling law enforcement).

 

[rsewill]

Cases in Court have been decided for the squatter even after the landowner told the squatters to leave. The landowner having not proceeded with furthur actions (calling law enforcement).

Yes, you have to take legal action once you have asked them to leave. That is the 'adverse' part.

If you give them permission to use your land they cannot use adverse possession. "You want to park your old tractor on my land, sure, go ahead." That obviously doesn't mean the land under the tractor ever becomes theirs because the possession wasn't adverse.

 

[Hollow]

In Mississippi adverse possession can be claimed after ten years of open possession. Cases in Court have been decided for the squatter even after the landowner told the squatters to leave. The landowner having not proceeded with furthur actions (calling law enforcement).

When I took forestry law classes (basically property and deed law) that wasn't the case. It may have been changed at some point but the person trying to take possession had to prove they thought it was part of their land. Now paying taxes on land is a different story and if I remember right it is only three years before someone can take ownership that way.