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04/21/14, 05:04 PM
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If I need a Shelter
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Join Date: Feb 2003
Location: Ozarks
Posts: 17,695
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Silly Neighbors
They just bought place next to us, only here on weekends. They live in St. Louis.
I told them two weeks ago their Satellite Dish was over the property line. They seemed to agree, plus they knew their Camp Trailer was way over the line.
Well today Surveyors were out surveying for the third time within the last year. They just remarked the other surveys.
Well yes they wasted a bunch of money instead of moving the Dish which they still have to but I'm still not happy, far as I'm concerned they can get rest of their stuff off my property and cut a New Drive into their place which I wasn't saying anything about.
big rockpile
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I love being married.Its so great to find that one person you want to annoy for the rest of your life.
If I need a Shelter
If I need a Friend
I go to the Rock!
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04/21/14, 05:06 PM
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Dallas
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Join Date: Apr 2008
Location: N of Dallas, TX
Posts: 10,122
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Big City neighbors in the country, not so much fun usually (there are exceptions)
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04/21/14, 05:45 PM
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Join Date: Oct 2007
Location: Nebraska
Posts: 374
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So what's your question?
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04/21/14, 05:50 PM
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Join Date: Nov 2008
Location: michigan
Posts: 22,572
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Get them off your property Rock ,before the trouble starts.
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04/21/14, 05:57 PM
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Join Date: Jun 2004
Location: Michigan's thumb
Posts: 14,903
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Hey, farmers have been known to do the same thing, making their field a little bigger every year.
Call the township and ask what can be done.
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Nothing is as strong as gentleness, nothing so gentle as real strength - St. Francis de Sales
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04/21/14, 06:18 PM
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Join Date: Apr 2013
Location: Illinois
Posts: 1,125
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Did you RockPile, not get a survey done before you bought the property?
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04/21/14, 06:53 PM
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If I need a Shelter
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Join Date: Feb 2003
Location: Ozarks
Posts: 17,695
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Quote:
Originally Posted by Brighton
Did you RockPile, not get a survey done before you bought the property?
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Yes then it was done again when I had trouble with neighbor on other side. This makes the third time it has been surveyed in last year and it hasn't changed, no earth moving
All these people are doing is making the Surveyor rich and getting me upset enough to not give an inch. Heck their Camp Trailer is 10 foot on my property, I didn't say a thing on that but that is going to change. They Drive is well on my Property.
And to think I was happy getting a place with an honest Survey.
big rockpile
__________________
I love being married.Its so great to find that one person you want to annoy for the rest of your life.
If I need a Shelter
If I need a Friend
I go to the Rock!
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04/21/14, 07:12 PM
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Join Date: Nov 2013
Location: Arkansas
Posts: 2,063
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I hope that road has not been there long?? If it hasn't and they do not have a written easement you better get it shut off quick. I know a guy who let someone drive across his property because the bridge was out on a county road, several years later when he went to sell the property he tried to close the road, judge said NO they had been using it for all that time he should have said something sooner. Just saying don't waste time if you seriously want it closed. Adverse possession laws still on the books in most places.
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04/21/14, 07:18 PM
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Join Date: Feb 2005
Location: Oregon
Posts: 103
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I agree with Maura, it's not because they're city people, it's because they don't know their boundaries. We're still newcomers to our rural community, having only been out here for ten years, but the only problems we've had have been with neighbors who have lived out here for ages, who threatened to kill our rooster. When we had two miniature horses in the middle of Portland, nobody ever complained.
...but nonetheless, tell them to get their junk off of your property.
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04/21/14, 07:19 PM
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Join Date: Apr 2013
Location: Illinois
Posts: 1,125
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Now that you have yet another survey, how about putting up a fence, fences make for great neighbors!
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04/21/14, 07:42 PM
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Join Date: Oct 2013
Location: cny
Posts: 857
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fence-fence-fence-oh did I say fence .......just spent 5k on a 150yr old right of way issue
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04/21/14, 07:44 PM
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Join Date: Nov 2013
Location: Arkansas
Posts: 2,063
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Old fence wins out every time, I don't care what the survey says. Ask any judge!!
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04/21/14, 09:03 PM
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Join Date: Jul 2013
Posts: 3,216
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Put up fence, give them written notice that they have X number of days to remove their dish and camper or you will pursue legal action, that should be all it takes.
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04/21/14, 09:47 PM
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Join Date: Jan 2013
Location: Eastern Washington state
Posts: 661
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Carefull, their stuff may well have a legal right to be there. Be sure of the adverse posession and prescriptive easemsnt laws where you are. Your surveyor should know.
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04/21/14, 09:56 PM
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Join Date: Jul 2013
Posts: 3,216
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Of course, you could always go the opposite direction. Wouldn't their front lawn be the perfect place for that small and incredibly overcrowded hog pen you have been wanting?
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04/21/14, 10:04 PM
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Join Date: Nov 2013
Location: Arkansas
Posts: 2,063
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Good advice about adverse possession. I can take your brand new car that you paid for and if I keep it and openly use it and you don't ask for it back, guess what in 7 years it ain't yours no more, it is legally mine. The same holds true for land. How long has that trailer been sitting on your property. The way the law looks at it is after a period of time if they have used it and you done nothing, you must not be taking care of it anyway. As for the rode, most easements do not specify a certain place, it just grants access, so I have seen a case where instead of the strait route 1/4 mile across a field a person made the people drive all the way around one edge of the property. It is a long was around a couple hundred acres, but you are still granting them access, does not have to be the most direct route!!
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04/21/14, 10:24 PM
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Join Date: May 2004
Posts: 1,623
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I don't see why you're getting upset.
You pointed out a potential problem to them. They checked it out. So would I.
They've pointed out a potential problem to you (adverse possession).
Get a lawyer to write them a letter pointing out that their stuff is on your land, and that they have... oh, a couple of years, maybe... to get it off, and get the driveway straightened out. Adverse possession is not only about what you allow, it's about what you notice - publicly.
Tell 'em it's not theirs (with witnesses), and it isn't. Don't tell 'em, and it will be.
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04/22/14, 12:47 AM
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Join Date: Jan 2013
Location: Eastern Washington state
Posts: 661
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When you bought the property, did you get an ALTA survey and title insurance?
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04/22/14, 05:21 AM
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Join Date: Feb 2014
Posts: 679
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Maybe they think you've got a surveyor in your pocket? In all honesty if my Nieghbor got their property surveyed and then came over saying an area I thought was mine was theirs I wouldn't just believe them. I'd hire my own surveyor. If the guy I hired agreed than I'd politely acquiesce. I'd even apologize and bring you some "drop the lawsuit" cookies. Lol
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04/22/14, 06:37 AM
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Join Date: Nov 2008
Posts: 5,205
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A property survey is as valid on one side of the line as it is the other side. There should be a surveyor's iron(with his plastic cap on it) for each time the line changes direction. If that has been done on your(and the neighbor's side) property, then maybe you can mark them a little better so as to avoid having them remarked everytime there is a dispute. It gets expensive having a surveyor simply putting flags up where there should already be permanent irons.
A way to do this is to surround each iron with a cut off piece of white PVC, six inches in diameter so each of you can find the iron--and so you can clean out debris that will eventually cover over any iron.........
As for the camper and dish, I think simply moving them when they are gone will settle the situation, then putting up a barrier of some sort. They would have no recourse. The driveway, I would consult with a lawyer. He might tell you that adverse possession doesn't apply to a new owner, that they would have to prove it has been in existence for the required number of years and that you didn't take any action to prevent it. How could they prove that if they didn't live there, and their deed didn't specify an easement??? He might tell you to simply put posts on your side of the driveway property line to block it.
geo
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