Echo2002 Posted September 30, 2012 Report Posted September 30, 2012 I am getting estimates for a fence for my back yard. I have a plat map that has the measurements of my property. While I was measuring out to where my property line should be, I discovered my property line extends about 5 feet into what my neighbor is considering her yard. Several months ago she sodded her whole back yard and she has flowers and bushes planted along the back of her yard. The people who installed the sod did use the markers the developer placed out there, but I'm thinking the guy just put them up without doing actual measurements. There is a 10 foot utility easement on that side of the yard, so I wasn't planning on putting my fence right on the property line anyway. So do I just let the issue go and not say anything to her, or do I point out that her yard is actually supposed to be part of my yard? I really don't care, but I'm thinking of long term, if/when I sell the house is it going to bring my value down a bit to lose that 5 feet? I know after so many years (10-20) of her mowing that area and taking care of it as if it were her yard, it will legally become her yard. Quote
pam Posted October 1, 2012 Report Posted October 1, 2012 My first thought was also the lost value in losing 5 feet. It doesn't seem like much but it really is. Quote
Just_A_Guy Posted October 1, 2012 Report Posted October 1, 2012 In most states, adverse possession will only arise if the occupant's use of the property is "hostile" - i.e., without the landowner's consent. In such a state, the landowner can prevent giving rise to an adverse possession claim merely by giving the occupant a written "license", subject to the possibility of later revocation, to continue using the property. You should talk to an attorney in your jurisdiction if this is a course of action you think may be useful. Quote
NeuroTypical Posted October 1, 2012 Report Posted October 1, 2012 Happy neighbors and no disputes may not sell houses, but angry neighbors and the prospect of legal fees and fighting will sure the heck NOT sell your house. I once paid a lawyer $100 for this advice - I'll give it to you for free. Go knock on her door with a big smile on your face, explain the situation politely and kindly, admit that you honestly don't know what to do about it, and see what happens. Maybe the two of you can work out a deal. You have ok chances that she isn't exactly looking forward to angry neighbors and fighting either. Quote
pam Posted October 1, 2012 Report Posted October 1, 2012 In most states, adverse possession will only arise if the occupant's use of the property is "hostile" - i.e., without the landowner's consent. In such a state, the landowner can prevent giving rise to an adverse possession claim merely by giving the occupant a written "license", subject to the possibility of later revocation, to continue using the property. You should talk to an attorney in your jurisdiction if this is a course of action you think may be useful. Man you sound like a lawyer. Quote
Echo2002 Posted October 1, 2012 Author Report Posted October 1, 2012 I shouldn't have said fight, she seems like a nice lady. I'm probably going to have to get my yard resurveyed so I can have proof from a professional instead of me saying I measured it, because she probably wouldn't take my word for it. Quote
Echo2002 Posted October 1, 2012 Author Report Posted October 1, 2012 In most states, adverse possession will only arise if the occupant's use of the property is "hostile" - i.e., without the landowner's consent. In such a state, the landowner can prevent giving rise to an adverse possession claim merely by giving the occupant a written "license", subject to the possibility of later revocation, to continue using the property. You should talk to an attorney in your jurisdiction if this is a course of action you think may be useful.So in english, I can give her written permission for use of the yard as long as she understands it can be revoked at any time? Quote
Just_A_Guy Posted October 1, 2012 Report Posted October 1, 2012 So in english, I can give her written permission for use of the yard as long as she understands it can be revoked at any time?I'm deliberately speaking in hypotheticals. There are fifty states and I'm only qualified to give legal advice in one of them. A written statement like you describe may or may not be enough, depending on your jurisdiction. And Loudmouth Mormon's advice here, as always, is worth its weight in gold. Quote
classylady Posted October 1, 2012 Report Posted October 1, 2012 I would have a professional surveyor come in. Then do what Loudmouth said if she's using your property. Quote
Echo2002 Posted October 1, 2012 Author Report Posted October 1, 2012 Yes, I think that's what I'm going to do, hire a professional to measure off my lot then go to her and explain the situation. I guess if she causes a stink over it I may have to seek a lawyer's advice. I don't think she will, she will be angry at the guy who put up erroneous stakes in the first place. Thanks for everyone's advice. Quote
Iggy Posted October 1, 2012 Report Posted October 1, 2012 My oldest brother lives in Washington state. After receiving many letters from three of his neighbors to fix his fence and CLEAN up his back yard (he preferred the natural state of weeds, etc. to cultured) he figured he had better pay attention to the last letter from a legal firm.He had the property lines marked out by the county surveyor, and guess what? The three neighbors were encroaching on his property. The one with the loudest and rudest voice had placed his garage wall 8 feet into my brothers property. Yep the entire garage was sitting on Brothers property- so Bro went the legal route. He now legally owns a wonderful garage, and he got his land back. Also, according to the CC&R's in the development where he lives, his neighbors have to put up the fence if they want to block out his A'Natural Yard. There are restrictions to what type of fence can be put up too - so he has a new cedar fence that is 7' tall, on three sides of his property. The cost of the county surveyor and the attorney he went to has been paid by his three neighbors. He didn't want the garage- has one already that is attached to his own home and matches the design and color of his home. So he and his attorney negotiated to sell that neighbor the land that his garage is sitting on. Here is the real clincher, if Bro had waited yet another year to respond to put up a better fence letters, he would have lost the boundary rights. The garage owner started the whole thing because he wanted to sell his house/property and my brothers ugly back & side yards were bringing the property values down. With the money he got from selling the land to garage owner, Brother had the back and side yards turned into low/no maintenance gardens. Rock, gravel, cement made patio bricks and plants that take a century to grow. Even growing up, Bro would not mow the lawn or weed the garden. He is the one who cemented over Grandma's flower patch on one side of the house. Believe me, I was right there helping him. I detest Daisy's, and the critters they draw. Can't stand the smell of them either. The point of this long tale is this: Get your property lines marked out NOW- or depending on the laws in your state/county/city you could lose a portion of your land that you have been paying taxes on. You won't get those taxes or the money you paid for that portion of land back if the statute of limitations has run out! Quote
Echo2002 Posted October 1, 2012 Author Report Posted October 1, 2012 Thank you for telling that story Iggy. I definitely don't want to wait until it's too late to do anything about it. My house will be 2 years old in December and her house is maybe 2 and a half to three years old, so we haven't been here long. I guess those neighbors should have made sure they had a right to complain about his yard, I bet the guy who built his garage on your brother's property was not thrilled in the least to have to buy the garage back from him. I'm hoping I can get the original surveyor out here and maybe it won't cost me as much. I was told my size yard might be around $325 to get surveyed. Quote
Iggy Posted October 1, 2012 Report Posted October 1, 2012 Thank you for telling that story Iggy. I definitely don't want to wait until it's too late to do anything about it. My house will be 2 years old in December and her house is maybe 2 and a half to three years old, so we haven't been here long. I guess those neighbors should have made sure they had a right to complain about his yard, I bet the guy who built his garage on your brother's property was not thrilled in the least to have to buy the garage back from him.I'm hoping I can get the original surveyor out here and maybe it won't cost me as much. I was told my size yard might be around $325 to get surveyed.That is not a bad price, for 5 acres the surveyor I contacted to do my property wanted $1,500.00. I got the buyer to pay half. It will be well worth the money to know for sure where your boundary lines are. Also it sure wouldn't hurt to check up on the laws in your area. You can get either the information or where to find the information from your county offices. Thankfully, the garage guy sold and is no longer living there. My brother has been living there now for 35 years! Only one of the original fence neighbors is still there, and they are the best of friends. Quote
annewandering Posted October 1, 2012 Report Posted October 1, 2012 Unless you have the original stakes to measure off of you really do not know where to start the measurements. Unless you want to be embarrassed, potentially, you do need to get a surveyor. Glad to see that is your plan. :) Quote
Echo2002 Posted October 1, 2012 Author Report Posted October 1, 2012 Iggy, I only have a .24 acre lot, so I'm hoping that estimate I was given was wrong, it seems kind of high to me. Anne, on the plat map I have it has the measurements of how many feet from the corner of my house to my lot line. I was using those measurements, so unless my house is in the wrong spot they should be correct. But yes, I do want to make sure I'm looking at everything correctly before I confront my neighbor with the issue. Quote
Iggy Posted October 1, 2012 Report Posted October 1, 2012 Iggy, I only have a .24 acre lot, so I'm hoping that estimate I was given was wrong, it seems kind of high to me. Anne, on the plat map I have it has the measurements of how many feet from the corner of my house to my lot line. I was using those measurements, so unless my house is in the wrong spot they should be correct. But yes, I do want to make sure I'm looking at everything correctly before I confront my neighbor with the issue.Go to your county office- find out from them the names of surveyors and the average cost. Quote
KevlarH Posted October 1, 2012 Report Posted October 1, 2012 (edited) We had a little difficulty with property lines with my neighbors too. They thought that the line should be to the other side of their mailbox. Instead the line went straight, (as they should) so technically their mailbox was on our side. So many feet from the road belongs to the county though, so no big deal. However because they thought that, they believed a tree that was in our yard was theirs. We showed them a survey proving that it was clearly in our yard but they held a grudge afterwards. They also were parking cars partly in our yard. We then built what is called a friendly fence to solve the problem of where the line was. We got some white pvc pipe and made two foot high posts and caps. Then we got white plastic chain and looped it through holes cut in the pipe and draped it about a foot and a half off the ground, the entire length of the line. You might have seen this kind of thing at car lots only they use metal pipes and metal chain. Anyway, It looked really nice, and showed the boundary clearly. It also kept their cars off our lawn, and placed our tree clearly on our side. Problem solved. LOL! Edited October 1, 2012 by ldrkholt Quote
mirkwood Posted October 1, 2012 Report Posted October 1, 2012 I spent a lot of money on my house/property. If I had any problems with the boundaries, I'd be doing everything I had to in order to protect my investment. I'd try to do it nicely, but in the end, I paid a lot of money for what I own and would protect it. Quote
Echo2002 Posted October 5, 2012 Author Report Posted October 5, 2012 I got the survey done yesterday and the markers are about 3-4 feet over on her sodded yard. Today her mother was out in the yard walking around looking at the stakes so I thought it would be a good time to say something to her. I let her know I was putting up a fence and that I had the yard resurveyed. She was kind of short with me and said her yard was surveyed too and she didn't know why the previous stake was misplaced. I offered her the name and number of the guy I used and she said she didn't need it. That was about it for the conversation, hopefully there won't be any more issues. I'm going to buy some small colored plastic stakes and put them where the wooden ones are now. Hopefully those will be more permanent. Quote
Vort Posted October 5, 2012 Report Posted October 5, 2012 Not to take pleasure in others' pain, but it sort of serves them right. -Mr. Obvious Quote
EarlJibbs Posted October 5, 2012 Report Posted October 5, 2012 What a good read. Pursue it! Do it nicely, but do it. I think often times we a re so afraid of offending someone that we may let something like this go. You can do it legally and nicely beleive it or not. If they get offended, so be it. Their choice. Quote
NightSG Posted October 5, 2012 Report Posted October 5, 2012 I think often times we a re so afraid of offending someone that we may let something like this go. You can do it legally and nicely beleive it or not.But...then what am I going to do with the black flag and sabers? Quote
Vort Posted October 5, 2012 Report Posted October 5, 2012 But...then what am I going to do with the black flag and sabers? Move someplace where insects and duellists are a problem? Quote
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