Page 1 of 5 12345 LastLast
Results 1 to 15 of 72

Thread: Neighbor posted my property.

Hybrid View

Previous Post Previous Post   Next Post Next Post
  1. #1

    Neighbor posted my property.

    Sheesh. a stream flows across my property for about 1600 ft. At some places I own 40 to 100 ft on the other side and other places 300 ft on the other side. This afternoon, I saw that the guy on the next road over put up no trespassing signs all along the stream. I had a dispute with the prior owner, had the 1,220 foot common line surveyed and marked and sued the prior owner in court and won. This new guy just bought the property a year ago. I went over to introduce myself and the guy just walked away, thought the wife was nice and we talked for just two or three minutes. One of his signs is just ten feet the wrong side of the line. With a orange capped survey marker just ten feet from the sign. No idea what the guy is thinking, but I noticed he already cut some firewood on my side. So I went back to the house and typed a nasty letter to be sent certified and hand served by a constable and then realized maybe the guy just doesn't have a clue. So I typed a nice second letter offering to meet with him and show him the surveyed lines.

    What really ticks me off, is he nailed a sign into my largest beech tree, about 32 inches in diameter.

    So i called the surveyor to get a copy of the survey (lost my copy in a fire) I'll give the guy a copy along with the offer to meet.

    In 23 years, I have had to sue three neighbors over property line disputes. Came home from a three day weekend 20 years ago, to find a neighbor put a fence part way across my pasture. I don't understand how people don't care what they do to other people's property. I never put up a fence or cut down a tree without making sure I was on my own property. Cost me a fortune to have my farm surveyed.

  2. #2
    Since ‘reasonable’ may be merely a memory, there is that old saying, “Good fences make good neighbors.”

    Failing that, there are signs that say “If you can read this, you’re in range.”

    Good luck to you.

  3. #3
    Join Date
    Dec 2014
    Location
    springfield,or
    Posts
    644
    My mom lost about a acre, because she didn't have her property surveyed before she bought it. It was supposedly in the previous family for over 100 years so they assured her it was all her property. Come to find out the previous owner had been encroaching on the adjacent properties since they were vacant farmland.
    Technically her acre long driveway was no longer hers, but oddly enough she gained like a quarter acre square on the other side of the neighbors fence.

  4. #4
    Join Date
    Sep 2006
    Location
    Shenandoah Valley in Virginia
    Posts
    921
    BEWARE... do not know your location... in Virginia if you use without explicit permission land for 15 years, you can claim ownership of the land under "adverse possession"...
    Had a neighbor lose a former store/house because of this. The property adjoining mine (40 acres) was very close to being taken from them under similar conditions...

    Get a lawyer to protect your interests.....

    Do not know laws in other states, but probably similar....

    Know in Pennsylvania when I was in high school (early -1960's) a path across a field next to the school
    was being closed to build a house, but because it had been in use for over 20 years,
    they could not close it or build the house...

    Look up the laws in your state....

    In Virginia, if someone cuts trees on your property (for firewood or lumber) they have to pay SEVERE damages to replace them..
    .so you could get paid for the firewood they cut...

  5. #5
    I said I sued three neighbors over the years. I still have my license to practice law. I can inflict financially painful litigation on people who get me riled. Was a trial lawyer for 45 years. Adverse possession in PA requires 21 years and a fence or other means to exclude others. Pa has a stiff, but not severe enough law about tree rustling. three times the value of the trees and attorney's fees, last I checked. However under our new law. I can paint purple stripes on my trees along the boundary and that is the same as a sign. In addition, once the purple lines are up, since the land is used to grow marketable timber, entry is agricultural trespassing, a misdemeanor with possible jail time. I'd still rather be amicable about it. Never know when I might need him or vice versa. Search for lost animals etc. Wait till he finds out I have a deeded easement across his property. That was not included in his deed.

  6. #6
    Join Date
    Jan 2019
    Location
    Fairbanks AK
    Posts
    1,566
    Location is important. Most of the Eastern USA, English common law prevails for items not specifically enumerated in the state code. Louisiana uses French common law, and some of the southwest relies on Spanish common law.

    I called my local government about a fence dispute with a neighbor, FWIW English common law prevails in Alaska as well, I wasn't sure if it might have been Russian common law since Seward bought the joint from them. Both my grandpas grew up in English common law states and built a lot of fence back in the day.

  7. #7
    our civil trespass law is under the Common law. Our criminal trespass law is statutory. But there is a stupid patchwork of different laws, Plain criminal trespass, motor vehicle trespass, atv trespass, agricultural trespass, even get this, trespass by air plane. Our statutes even makes the penalties different depending on who makes the arrest. Most people do not even know that we have a civil trespass to land law in PA. It covers all kinds of stuff, like who owns a tree, who can trim a tree, who can develop a cave, your right to sue a person for entering your property, etc.

  8. #8
    Quote Originally Posted by Perry Hilbert Jr View Post
    I said I sued three neighbors over the years. I still have my license to practice law. I can inflict financially painful litigation on people who get me riled..
    I hope you can settle it amicably. Being friends with your neighbors is so much better than the alternative.

  9. #9
    Join Date
    Feb 2003
    Location
    Doylestown, PA
    Posts
    7,568
    Quote Originally Posted by Ed Aumiller View Post
    BEWARE... do not know your location... in Virginia if you use without explicit permission land for 15 years, you can claim ownership of the land under "adverse possession"...
    Had a neighbor lose a former store/house because of this. The property adjoining mine (40 acres) was very close to being taken from them under similar conditions...

    Get a lawyer to protect your interests.....

    Do not know laws in other states, but probably similar....

    Know in Pennsylvania when I was in high school (early -1960's) a path across a field next to the school
    was being closed to build a house, but because it had been in use for over 20 years,
    they could not close it or build the house...

    Look up the laws in your state....

    In Virginia, if someone cuts trees on your property (for firewood or lumber) they have to pay SEVERE damages to replace them..
    .so you could get paid for the firewood they cut...
    SWMBO was a Realtor in New Hope, PA. some years ago. A nice but naive lady thought another adjoining Real Estate office was cutting the grass on a portion of her property. She thought they were being nice. They weren't, they gained possession through adverse possession.

  10. #10
    Join Date
    May 2005
    Location
    Highland MI
    Posts
    4,521
    Blog Entries
    11
    My dad was a licensed surveyor/engineer. He actually worked for the Michigan Highway Department as a survey crew chief before founding his own company. Before WWII he worked on alternate routes across the Mackinac Straights jumping island to island. After working three summers in HS on a survey team I went to school and ended up as a licensed engineer myself. I bought a lot in a fairly new sub. There was a 20' wide drainage easement and pipe fully on my lot. My dad and I recovered all of the property irons right where they should be. My new neighbor was convinced he owned to the middle of the easement because the realtor told him so. When my newest neighbor moved in I made it clear where the property line was and that his boat hoist was encroaching on my property only at my permission. I always mow to the property line.
    NOW you tell me...

  11. #11
    Join Date
    Mar 2003
    Location
    SE PA - Central Bucks County
    Posts
    65,850
    Quote Originally Posted by Curt Harms View Post
    SWMBO was a Realtor in New Hope, PA. some years ago. A nice but naive lady thought another adjoining Real Estate office was cutting the grass on a portion of her property. She thought they were being nice. They weren't, they gained possession through adverse possession.
    That's exactly why I immediately addressed the fence issue on the south side of our property when the tenant put it up to contain their (cute) dog...and I mow to the line even though it's on the other side of a tree line. Property is owned by a township commissioner...tenant is a relative.
    Last edited by Jim Becker; 01-27-2021 at 9:24 AM.
    --

    The most expensive tool is the one you buy "cheaply" and often...

  12. #12
    Join Date
    Sep 2016
    Location
    Modesto, CA, USA
    Posts
    9,978
    UC Berkeley closes off the city street that passes through the main campus near the top. They do it for 24 hours once a year. Normally new years day or around then with little traffic. They do this so it is not a public road that can not be closed.
    Bil lD

  13. #13
    Join Date
    Aug 2007
    Location
    Dickinson, Texas
    Posts
    7,655
    Blog Entries
    1
    Shortly after we moved into our house, I put a chain link fence around the back yard. The squirrels and our dog enjoys it.

  14. #14
    Join Date
    Apr 2013
    Location
    Kansas City
    Posts
    2,666
    Perry, come back later and tell us how this turns out.

  15. #15
    Join Date
    Dec 2010
    Location
    South Coastal Massachusetts
    Posts
    6,824
    Quote Originally Posted by Perry Hilbert Jr View Post
    I'd still rather be amicable about it. Never know when I might need him or vice versa. Search for lost animals etc.
    That's forward thinking, and commendable.
    I gather the new neighbor is young, and doesn't know how little he knows.

    As I get older, I find a growing desire to have less appealing. Stewardship of land has an endless punchline of things that take an hour or two.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •