Property lines

[rgood]

Snow Ridge - I'm not sure what your saying - I'm not giving him permission to use it - And I have the survey to show he won't own it - I like the bird house Idea/4x4 idea

I'll just be trying to keep the jungle off my fence.

 

[SnowRidge]

The survey won't help you. Look up adverse possession laws for Florida using Google. Basically, if someone uses your property for a period of time, without your permission, they can claim it as their own. By moving your fence eight feet back from the line, you are giving him an open invitation to do just that.

It will take some years, five I think in the case of Florida, but he will be able to do it if you don't take precautions. The fence placement will not look good to a judge, and you will hard pressed to defend against an adverse possession suit if your neighbor decides he wants the land.

All he has to do is use it for the specified time without your permission, and you have lost it. The use can be as little as mowing it, in some cases. One way to short circuit adverse possesion is to give the other person permission in a provable manner. Other than that, you have to keep him off of it, which is hard to do if the fence is eight feet on your side of the property line.

You really need to educate yourself on this stuff if you plan to move that fence back. You are at risk.

I'm not an attorney, so don't just take my word for it. Consult other sources, preferably a real estate attorney.

 

[2manyrocks]

Try to get the neighbor to split the cost of the surveyor and fence with you. Better if you both agree that the surveyor's line is the correct one.

I wouldn't put the fence eight feet back off your line just to keep it clear. Put it on the correct line and spray it to keep the brush off.

 

[Mike058]

How about this: Put the fence just 12-18" inside the property line. Leave the bottom foot or so open, just enough to get one of those little mowers that can mow close around posts can fit through. If you're lucky, you can mow that 12" on the other side, keep the fence clean and leave so little space "unfenced" that the mega land owner shouldn't care who it belongs to.

OK, While we are on this subject of property lines - I have one neighbor that is a real pain - And I'm going to be putting up fence soon - What I'm planning to do is put my fence (not on the boundary between us) but on 8 feet onto my land). My logic being I can then mow outside of my fence and keep the brush off, so it will last a lot longer. I can also drive my horse and cart down that lane. My concern is, he'll think the fence represents the property line. I know many will say, meet him and discuss it - He's a Mega Land owner - And he lives out of the state. Any thoughts/ideas/concerns

 

[zeuspaul]

The bird house idea is a good one. However I think the marking of the property line has to be more substantial to avoid any confusion between fence and property line. Perhaps steel posts connected with chain with signs marked private property.

Zeuspaul

 

[SpringHollow]

Taking over use of someone else's land is usally not as easy as most people fear. I do not know about Florida but in most cases you do not need to prevent their use but just make it clear that it is not allowed. Posted signs on the bird houses would do that along with telling him no if you see him use it. Preventing use means everything would have to have patrolled security fences on it which is not the case. But as always in cases like this, a good lawyer can let you know the rules.

Ken

 

[MossRoad]

Post no tresspassing signs under the bird houses facing his property.

 

[MossRoad]

... and a machine gun nest at each corner.

 

[SnowRidge]

... and a machine gun nest at each corner.

Now yer talking.

 

[SnowRidge]

Taking over use of someone else's land is usally not as easy as most people fear. I do not know about Florida but in most cases you do not need to prevent their use but just make it clear that it is not allowed. Posted signs on the bird houses would do that along with telling him no if you see him use it. Preventing use means everything would have to have patrolled security fences on it which is not the case. But as always in cases like this, a good lawyer can let you know the rules.

Ken

Making it clear will not prevent adverse possesion. It usually has to be open, notorious, and adverse to the interests of the owner. Saying "you don't have permission" will not prevent it, while saying "You do have permission" will prevent it. To most people, this is backwards, but that's the way it works.

The problem is the setback fence. It is an open invitation to use that eight foot strip. If the neighbor uses it without permission, the OP may have to get a court order restraining the neighbor from using it or risk an adverse possession claim down the road.

There also may be other factors if livestock are grazed on that eight foot.