property line - what would you do?

[wildchild]

so here's the set up:
bought my place 3 1/2 years ago. realtor said prop line was the poles on the corners. ok.
guy who owns the land around me rents it out to a farmer. right down the line between the properties is a trail that they use to get the tractors in the fields.
when we first moved in I asked the farmer's nephew 23 yrs old or so, not to cross my land with implements. told him i was going to put trees around the line anyway so he may as well get used to going around. soon after i caught cutting across my yard with a pick up truck. he claimed it saved him time not to have to make the corner around the pole.
I was pretty understanding when they brought in trailers and what not but not a pick up. beside normally they would just nick the corner, he was cutting right through the middle.
so this spring I put in the trees. he started whining about the turn to the field. got me to thinking, I don't want the trees to close to the line so I pulled out the plat of my land. hmmm it looks like john farmer may have moved the pole quite sometime ago and everyone has let him use what is now my land for his trail.
so here's the question, should I get the land surveyed properly and then make him move his trail, or should I just let it go, or should I make sure he is aware that he is using my land but still allow him to do it.
I am not really doing anything with that little strip of land, although I could have put my trees further over.


what would you do?

[Papa_Complex]

I would have it surveyed. If he has been using your land to travel back and forth he may have created an easement, meaning that he gets free use of your land for this purpose against your wishes.

Get it straightened out now.

[derf]

I would have it surveyed. If he has been using your land to travel back and forth he may have created an easement, meaning that he gets free use of your land for this purpose against your wishes.

Get it straightened out now.

Agreed, in fact it might already be too late if he can prove that he has been using it for years. Get it surveyed now and take control of the part he is using.

The other thing on your mind should be your relationship with your neighbor. What will happen if you take over the land again? will he accidentally run over some trees and knock them down? Have an oil leak that kills all your grass?

[askmrjesus]

I would have it surveyed. If he has been using your land to travel back and forth he may have created an easement, meaning that he gets free use of your land for this purpose against your wishes.

Get it straightened out now.

A public utility can create an easement, but a private party would need your permission, unless they made an agreement on an easement with the former owners of the property.

A private easement would be shown in the property documents. If not, it's tough shit for tractor boy.

Survey Says: Get a survey.

JC

[G-Rex]

You absolutely need to get it resolved right now. There have been instances in the past where there have been property line disputes on both sides, where the courts have ruled in favor of the "commonly accepted boundary", i.e. fenceline, posts, etc. that were in place on the ground. I have been involved in this part of the process, and it can happen.

You need to re-establish those monuments asap, or you very well may *lose* that strip of land in the future.

And Derf, as far as relationship with the neighbor, the neighbor doesn't seem to concerned about his relationship with wildchild.

[Cruzergirl]

Land issues are interesting. Protect yourself ASAP. After you have it surveyed and everyone agrees it is your property THEN and only THEN would I consider letting anyone use it for an easement.

[z06boy]

Land issues are interesting. Protect yourself ASAP. After you have it surveyed and everyone agrees it is your property THEN and only THEN would I consider letting anyone use it for an easement.

This

[stermp66]

Check your deed to the property if there is an easement (trail) to the property it will be documented in your deed. Even if it is still get the property surveyed to find where your lines are as realtors and prior home owners tend to stretch the lines to make it more appealling to a buyer.

[VatorMan]

I would have it surveyed. If he has been using your land to travel back and forth he may have created an easement, meaning that he gets free use of your land for this purpose against your wishes.

Get it straightened out now.

This.

[Amorok]

Get your property surveyed this week, don't put it off. Once you know where the boundary is, then have a discussion with your neighbor and come to some sort of settlement.

[Papa_Complex]

A public utility can create an easement, but a private party would need your permission, unless they made an agreement on an easement with the former owners of the property.

A private easement would be shown in the property documents. If not, it's tough shit for tractor boy.

Survey Says: Get a survey.

JC

In some places simply letting someone use your property for a given purpose, for an extended period of time, permits them to continue to do so. It's ridiculous, but true.

[Cruzergirl]

In some places simply letting someone use your property for a given purpose, for an extended period of time, permits them to continue to do so. It's ridiculous, but true.

This is how I got my .75 acres as opposed to the .69 originally purchased. Works out if you are on the right side of the deal.

[wildchild]

Check your deed to the property if there is an easement (trail) to the property it will be documented in your deed. Even if it is still get the property surveyed to find where your lines are as realtors and prior home owners tend to stretch the lines to make it more appealling to a buyer.

actually the prev owners let it be and the realtor had showed me the land line in the farmers favor. not stretching it. not blaming them at all. I just accepted it and really would still except for the dumbass kid working for the farmer being an idiot and cuttin across my lawn and then saying he may have to mow down a tree or two.
the farmer himself has been pretty good.

I do worry some about the heighbor relationship thing. this is obviously country land, small town. I'm the newbie from the city. I have been very well accepted and liked thus far. I hate for people to suddenly start thinking I'm an asshole because I made the guy move his trail. at the same time however I hate to be anybody's bitch where they think they can just do whatever because they have for so long and I have nothing to say about it.

for those who say SURVEY NOW!! the estimate from the surveyor is on it's way. hopefully I can get him out there this month or early next. not sure I'll make farm boy move his trail but I do want to know exactly where the line is and make sure he knows and agrees where we stand.

[OTB]

States differ on what consists of "Adverse Possesion". Some states take it pretty much as what is on the plat/survey is what it is, some states have strong "squatters rights" and some require some pretty stringent proofs before someone can claim land not formally there own. Here in Maryland, in or =-der to prove adverse possession, you have to document twenty years worth of possession or use with the knowledge of the legal owner AND YOU HAVE TO SHOW THAT YOU PAID THE PROPERTY TAXES ON THAT LAND FOR THE WHOLE TWENTY YEARS.

Before you go start a pissing contest that you could lose...GO GET COMPENTENT LEGAL ADVICE FROM SOMEONE WHO PRACTICES REAL ESTATE LAW IN YOUR STATE. It will likely only cost you a hundred bucks or so...but could save you from opening up a can of worms you may not be able to close.

In my brash youth, I bought a home next to some commercial property; FHA, surveyed, title insurance, the works. The owner of the commercial property did some grading and knocked down part of my privacy fence.

I called him, he basicially told me "Tough Noogies" and hung up. Me being full of youthful rightous indignation, called the zoning folks cause he didn't have the permits and the storm runoff controls so the county shut him down.

Victory for me, right?

Couple years later I went to sel my house; the morning of the day of closing I get a panicked call from my Real Estate Agent askin why I built my garage over the bad neighbors property line?

Huh?

House was built in 1890, garage built in in the 1940's; house had changed hands four years before I bought it......I didn't build anything.

It's called surveyor errors.....and they aren't covered by title insurance.

My choices: Chainsaw off the back two feet of my garage and lose the buyers, or pay $10,000 that day for two feet of land to get an easement so we can close.

Most expensive "Victory" I ever had.



I am just saying it may be cheaper to pay $100 now to an attorney before you get the neighbor all stirred up with a survey crew than to charge in before you know what's going on. Even if he's an asshole, he might lknow something you don't.


Learn from my mistakes....

jmho

[Papa_Complex]

Good. If you want to retain favour with the farmer but control your land better, then you could simply block off the access that makes it worth idiot boy's time to cut across your yard and thereby keep him to the trail.

[askmrjesus]

In some places simply letting someone use your property for a given purpose, for an extended period of time, permits them to continue to do so. It's ridiculous, but true.

I realize that things get "grandfathered in" after time, which is why he should nip this in the bud now.

Either way, the kid wanting to drive over the lawn, and maybe "mow down" a couple of trees, because he thinks that would be more convenient for him, is total bullshit.

Get off my fucking lawn.

JC

[Sean]

The law here says that if someone claims and uses a piece of land openly and notoriously for a period of 5 years, it's officially theirs. Don't let them screw you.

http://en.wikipedia.org/wiki/Adverse_possession

[azoomm]

I realize that things get "grandfathered in" after time, which is why he should nip this in the bud now.

Either way, the kid wanting to drive over the lawn, and maybe "mow down" a couple of trees, because he thinks that would be more convenient for him, is total bullshit.

Get off my fucking lawn.

JC

And, the sooner you establish legally that it is your property, the better.

[No Worries]

Each state, and even each county is different. Boulder, CO had a famous case of adverse-possession several years ago: http://www.dailycamera.com/ongoing-coverage/adverse-possesion-case/ci_13100029#axzz0mJcl9x00. The public outcry caused the laws to be changed. I would get a lawyer.

[Trip]

It's probably already too late, what you need to do now is invade back. You let him use it for so long he will probably win in court. You option is to take it back.

[Dnyce]

lay mines in between the trees

[LeeNetworX]

Fuck his prize pig.

[wildchild]

Fuck his prize pig.

it was just a matter of time till someone said it. :lol

[askmrjesus]

It's probably already too late, what you need to do now is invade back. You let him use it for so long he will probably win in court. You option is to take it back.

The first person to build a fence, wins. :lol:

JC

[marko138]

Fuck it, build a moat. Fill it with angry snakes.

[askmrjesus]

Fuck it, build a moat. Fill it with angry snakes.

Is there any other kind?

JC

[LeeNetworX]

Is there any other kind?

JC

Yogurt spitting happy snakes.

[marko138]

Yogurt spitting happy snakes.
Yikes.

[Bluestreak]

Fuck his prize pig.

Wonder if farmer boy has a sister?

[VatorMan]

Fuck his prize pig.

Yogurt spitting happy snakes.



Quite the fetish you have there.

[LeeNetworX]

Quite the fetish you have there.

http://smiliesftw.com/x/127fs4573872.gif (http://smiliesftw.com)

[Gas Man]

First off great idea Marko!!!

Second, get the survery that way you don't speak out of turn.

Then if you're right and the trail is your property... tell the farmer you'd let him continue to use it this season but next season you're reclaiming it. Also you said its being rented. I would contact the land owner as well.

[wildchild]

First off great idea Marko!!!

Second, get the survery that way you don't speak out of turn.

Then if you're right and the trail is your property... tell the farmer you'd let him continue to use it this season but next season you're reclaiming it. Also you said its being rented. I would contact the land owner as well.

this was actually my kiind of thinking.

[Gas Man]

:beers:

[Papa_Complex]

The first person to build a fence, wins. :lol:

JC

Digging a tiger pit might be more fun though.

[Mikey]

lay mines in between the trees

You're onto something there. A booby trap that is basically a bundle of twisted-up nails would do wonders for the tires on his pickup.

[Apoc]

I would have had it surveyed immediately upon buying the property. Seems like common sense to me.

[Gas Man]

I have property line steaks at each rear corner of my lot. It established the fence lines for me/neighbor.

[VatorMan]

I have property line steaks at each rear corner of my lot. It established the fence lines for me/neighbor.

mmmmm....,..property steaks.

[marko138]

You're onto something there. A booby trap that is basically a bundle of twisted-up nails would do wonders for the tires on his pickup.

Now we're coming up with some good ideas.

mmmmm....,..property steaks.

:rf: Yum.