Trespassers

[buckeyefarmer]

So I just purchased the property I spoke of earlier. Was showing my MIL the property last weekend. It was still in the settlement process at the time but is now mine. Guys were making hay on the property. They mowed off the septic drain field markers. The realtor got those remarked by surveyor.
But hay guys said the new neighbor had put a no trespassing sign on their hay rake that was clearly on my lot.
So we walked down to the area near the line where the neighbors (ours and their land was subdivided in July, they just settled couple months ago) have been mowing way over onto my lot.
Neighbor lady comes down and asks if she could help us. I introduced myself and said we are buying this lot. She said, your on my lot. I pointed over towards the flagged corner and said there’s the corner, I have a copy of the survey, I know where the line is, and I’m on this lot (not hers). She repeated this is my lot, and I repeated , no back there is the corner. So she went nack up to her house, we walked around the our lot.
When we were leaving she had been down in that area again and was heading back to her house with a hammer.
I ended up telling the closing attorney, who got ahold of the realtor and seller, who sent surveyor back out and confirmed corners were marked. Our realtor was also going to tell the realtor the neighbors used.

We haven’t been there since, but hopefully our new neighbor now knows about where the line is. I’m thinking of having a fence built down that line.

 

[Torvy]

So I just purchased the property I spoke of earlier. Was showing my MIL the property last weekend. It was still in the settlement process at the time but is now mine. Guys were making hay on the property. They mowed off the septic drain field markers. The realtor got those remarked by surveyor.
But hay guys said the new neighbor had put a no trespassing sign on their hay rake that was clearly on my lot.
So we walked down to the area near the line where the neighbors (ours and their land was subdivided in July, they just settled couple months ago) have been mowing way over onto my lot.
Neighbor lady comes down and asks if she could help us. I introduced myself and said we are buying this lot. She said, your on my lot. I pointed over towards the flagged corner and said there’s the corner, I have a copy of the survey, I know where the line is, and I’m on this lot (not hers). She repeated this is my lot, and I repeated , no back there is the corner. So she went nack up to her house, we walked around the our lot.
When we were leaving she had been down in that area again and was heading back to her house with a hammer.
I ended up telling the closing attorney, who got ahold of the realtor and seller, who sent surveyor back out and confirmed corners were marked. Our realtor was also going to tell the realtor the neighbors used.

We haven’t been there since, but hopefully our new neighbor now knows about where the line is. I’m thinking of having a fence built down that line.

Yikes. Tough way to start your new relationship. We are lucky We have a county road along our eastern border. Southern border is already fenced. North and west are owned by a utility and have no nearby access. We've met our nearest across the road. They seem to be good people.

Good luck resolving it all.

 

[s219]

I am continually amazed at how incompetent some people are about their own property lines. We have a fellow in this area who has encroached onto every property adjacent to his. Nice guy, but I believe he’s just really dumb. I don’t understand that because if there’s one thing I take the time to know well, it’s my property lines.

Buckeyefarmer, if you keep having issues, try to come to a neutral agreement with the neighbor to have an independent survey done and whoever is wrong will pay the cost. Sometimes that’s enough to call their bluff when they learn the cost.

 

[lman]

I saw this the other day. I'm sure there's more to this story, at least I hope so.

 

[Joel/ak]

I was worried about the same thing when we had our property surveyed. We lost some on 1 side but gained on the other. Luckily the neighbor that lost some was cool about it.

 

[sandman2234]

Next door house recently sold, and I was advised that I had stuff on his property, and that he was going to cut EVERY tree along the property line. I told him that I was pretty sure that the property corner was on the other side of a ditch I had dug, but he "showed me" the survey stake at the end of the wooden fence the neighbor behind us had put up. I spent all weekend chasing different surveys, and finally found the survey stake that was his corner, and it was 15.5 feet over from where the one he pointed out was at. He would have cut a LOT of my trees had I not stopped everything and did the homework, because the tree company showed up on Monday morning, chainsaws running!

 

[Jstpssng]

Next door house recently sold, and I was advised that I had stuff on his property, and that he was going to cut EVERY tree along the property line. I told him that I was pretty sure that the property corner was on the other side of a ditch I had dug, but he "showed me" the survey stake at the end of the wooden fence the neighbor behind us had put up. I spent all weekend chasing different surveys, and finally found the survey stake that was his corner, and it was 15.5 feet over from where the one he pointed out was at. He would have cut a LOT of my trees had I not stopped everything and did the homework, because the tree company showed up on Monday morning, chainsaws running!

Hopefully if you hadn't had a chance to find the corners, explaining to the crew would have been enough for them to back off and wait. I know that we have some pretty stiff fines for cutting trees across the line; and if the guys were licensed arborists that also would be a big error... i.e., possible loss of license.

 

[newbury]

<snip>

We haven’t been there since, but hopefully our new neighbor now knows about where the line is. I’m thinking of having a fence built down that line.

You best string up some kind of fence pronto. Especially since they have been haying on your property.
Good fences make good neighbors.

 

[IndyJay]

I saw this the other day. I'm sure there's more to this story, at least I hope so.

Happy ending...

Judge rules in favor of landowners in TWRA privacy case

The outcome of the case is far-reaching. Now, all TWRA officers have to obtain a search warrant before searching private property.

www.google.com

 

[IndyJay]

Next door house recently sold, and I was advised that I had stuff on his property, and that he was going to cut EVERY tree along the property line. I told him that I was pretty sure that the property corner was on the other side of a ditch I had dug, but he "showed me" the survey stake at the end of the wooden fence the neighbor behind us had put up. I spent all weekend chasing different surveys, and finally found the survey stake that was his corner, and it was 15.5 feet over from where the one he pointed out was at. He would have cut a LOT of my trees had I not stopped everything and did the homework, because the tree company showed up on Monday morning, chainsaws running!

Property stakes are not necessarily on a property line. My retracement survey has notations telling how many feet from the stake the line is.

 

[buckeyefarmer]

I am continually amazed at how incompetent some people are about their own property lines. We have a fellow in this area who has encroached onto every property adjacent to his. Nice guy, but I believe he’s just really dumb. I don’t understand that because if there’s one thing I take the time to know well, it’s my property lines.

Buckeyefarmer, if you keep having issues, try to come to a neutral agreement with the neighbor to have an independent survey done and whoever is wrong will pay the cost. Sometimes that’s enough to call their bluff when they learn the cost.

This surveyor created the lot in July. It’s in the right place because he put the line there. It was 1 property that got divided. Their property included a house and is 2.3 acres. Mine is 7.3 acres with a new perc.

 

[buckeyefarmer]

You best string up some kind of fence pronto. Especially since they have been haying on your property.
Good fences make good neighbors.

I’m guessing former owner told them they could do hay. Neighbor was pissed at hay people cause they drove across corner of their property. Last spring when these guys did hay, previous owner still owned it all. Hay people didn’t know. I’m glad they cut it, saved me from doing it. I talked to them, they were nice.

 

[buckeyefarmer]

Neighbor behind my lot has a fence slightly over the line at one end. Been that way going back about 80 yrs apparently from the title company comments. It’s noted on the survey with the real corner shown. I’m not worried about that.

On the front of the property, people across the road owns a sliver on my side of the road. The road is not on the line. Everyone has easement to use the road.

 

[Jstpssng]

Neighbor behind my lot has a fence slightly over the line at one end. Been that way going back about 80 yrs apparently from the title company comments. It’s noted on the survey with the real corner shown. I’m not worried about that.

On the front of the property, people across the road owns a sliver on my side of the road. The road is not on the line. Everyone has easement to use the road.

Back when I was doing mortgage loan inspections I attempted one which had a recent survey provided... showing that a portion of their house encroached on somebody else's land. We kicked it back to the bank, and suggested they contact the company which did the survey.

 

[Wakey]

I don't understand the lack of respect for other people, and their property.

Kids did it back then and they do it now.

 

[lman]

Happy ending...

Judge rules in favor of landowners in TWRA privacy case

The outcome of the case is far-reaching. Now, all TWRA officers have to obtain a search warrant before searching private property.

www.google.com

Thanks for the follow-up. I never understood how the DNR believed that they could enter posted property without a search warrant or consent.

 

[John_Mc]

Vermont laws favor people trespassing, i.e. many Vermonters feel it's their god given right to trespass where they please for any purpose. The law requires signs posted every 40 feet or so, signed and dated annually. If you've got any real acreage, especially forested, it's pretty much impossible to meet the requirements. Plus the hunters just pull the signs down while putting up trail cams on your property.

I've managed to avoid escalations so far. I've used my grapple to place large boulders in the areas they like to park, which has helped a lot. Prior to that they would just move my junk as they pleased to park. (I'd put things like large drain pipes and such across parking areas, they'd just move them). If somebody wants to use my land, they can bloody well pay a percentage of my taxes for the privilege. Failing that, they're not welcome.

Vermonters don't just feel it is their right, it IS their right. By Vermont law, they are not trespassing unless you have posted your property and registered it as such with your town or you have specifically asked that person to leave your property. people have a right to roam (they do not have the right to bring a motorized vehicle onto your property without permission).

Vermont's requirements for posting are to post a sign at each corner of the property and at least every 400 feet or less (not 40 feet). You do need to re-date the signs each year and re-register with the town.

 

[sandman2234]

I had a chainlink fence around my backyard area. The fence showed in my pre-purchase survey, as being about 2 feet into the neighbors property. The new owner cut it out and it is piled in his front yard. He piled the top rails over in my yard, not sure of his reasoning with that. If fence is his, why are the top rails mine?
David from jax

 

[kenmbz]

New neighbor did a survey and it ends up we found an old rock wall on the property line.
Survey proved it was right along the property line and it was about 10' farther towards his property than I thought as only my close corner still has a marker.
Meant I had more brush to clean up, and neighbor doesn't care about the border.
So all good, but as people are commenting, good to know your markers as the one with my other neighbor is a bit fuzzy.
And I know at one point they wanted to buy the strip by their driveway put Previous Owner refused.

 

[bcp]

"Those kids weren't raised, they were jerked up."

Bruce