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.

 

[BruceR]

rgood,
Stick with your original plan. Folks mean well, but Adverse Possesion dosn't just happen overnight. As long as your property line is monumented at both ends, it will remain the property line. Adverse Possesion must be proved by the claimant and there are generaly 5-10 different criteria, all of which must be proved by the claimant.

SnowRidge is correct in saying that if you give your neighbor permission to use your property then it is not adverse. Livestock grazing is not usually enough to establish adverse posession. If your neighbor fenced your land and then turned his cows in there it would be a different story.

The first thing needed to establish Adverse Possesion is Intent. If your neighbor "thought" your fence was the line then he would simply be mistaken, he wouldn't have the intent to steal your land. It also has to be open and notorious; casual encroachment would not establish Adverse Possesion. He would essentialy have to block you off your lane in order to establish Advese Possesion, and then keep you off for 15-20 years.

Bruce

 

[BruceR]

I am a great fan of surveyors.

Thanks Jim, spread the word

There are Hacks in any profession, but for some of us it is a true labor of love. It takes a combination of eight years of education and responsible charge experience to get registered in Texas. I could have been a doctor or lawyer instead I guess. I just never found another vocation which combines so many areas of study which I enjoy.

Bruce

 

[SnowRidge]

rgood,
Stick with your original plan. Folks mean well, but Adverse Possesion dosn't just happen overnight. As long as your property line is monumented at both ends, it will remain the property line. Adverse Possesion must be proved by the claimant and there are generaly 5-10 different criteria, all of which must be proved by the claimant.

SnowRidge is correct in saying that if you give your neighbor permission to use your property then it is not adverse. Livestock grazing is not usually enough to establish adverse posession. If your neighbor fenced your land and then turned his cows in there it would be a different story.

The first thing needed to establish Adverse Possesion is Intent. If your neighbor "thought" your fence was the line then he would simply be mistaken, he wouldn't have the intent to steal your land. It also has to be open and notorious; casual encroachment would not establish Adverse Possesion. He would essentialy have to block you off your lane in order to establish Advese Possesion, and then keep you off for 15-20 years.

Bruce

I just looked up FLorida. It is not 15-20 years down there. It is seven years with or without color of title. The rules are different for every state. Extrapolating from one state to another can lead to bad decisions. That is why I suggested the OP Google adverse possession FLorida.

 

[RobJ]

Clena the brush out first, locate your line then take out the trees needed. Keep the trees back so you can get in there with a mower or ATV.

 

[motepoc]

Here's a thought, cut 8' in on his property, since he's out of state and claim his.

Just kidding of course.

 

[MossRoad]

Here's a thought, cut 8' in on his property, since he's out of state and claim his.

Just kidding of course.

Hahahahah!!!!

 

[rgood]

Motepoc - I thought the same thing - I'll just hunt his land every fall for the next 7 years and then I can say I own it

 

[SnowRidge]

Motepoc - I thought the same thing - I'll just hunt his land every fall for the next 7 years and then I can say I own it

You can say it, but you won't own it. Adverse possession generally has to be continuous. You'll need to hunt it year round.

 

[scott_vt]

Afternoon Guys,
Ive been following along on this thread, and there are some interesting points. Ive always kind of wondered what the ramifications are of the guy that mows his lawn which abuts the lower part of my field. He mows onto my property about 10 ft even though there is a steel pin clearly defining that spot as the boundary marker. Since Im only there a few days a month I never made a situation over it ! But after reading some posts in this thread maybe its in my best interest to put some type of wire fence up ? I never did this in the past because they have some younger kids and I told them they could use the property to slide on durring the winter months ! Anyone have feelings on that ?

 

[SnowRidge]

Afternoon Guys,
Ive been following along on this thread, and there are some interesting points. Ive always kind of wondered what the ramifications are of the guy that mows his lawn which abuts the lower part of my field. He mows onto my property about 10 ft even though there is a steel pin clearly defining that spot as the boundary marker. Since Im only there a few days a month I never made a situation over it ! But after reading some posts in this thread maybe its in my best interest to put some type of wire fence up ? I never did this in the past because they have some younger kids and I told them they could use the property to slide on durring the winter months ! Anyone have feelings on that ?

Put the permission in writing. Also give them permission to mow. According to everything I have read on the subject, that will protect you, but Vermont may be different, so I suggest verifying it locally.

You can withdraw the permission anytime you like.