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06/24/06, 09:24 AM
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Join Date: Jan 2005
Location: Abilene, Texas
Posts: 2,377
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I like the idea of putting the fence 1' on your side then an electric or even a single strand of wire on the fence line.
You might want to check with your county attorney about getting a criminal no trespass against them. With that, if they step on that 1' to take down your fence they are definately in trouble. Should be in trouble anyway, even without the CNT. If you can the cameras are a real good idea.
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06/24/06, 10:39 AM
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Join Date: Jan 2004
Location: MN
Posts: 7,610
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Quote:
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Originally Posted by pyrnad
I did pay for a survey 10 years ago when I bought this place
Markers and pins are there. They do not agree with where the pins are. They only have one acre,and feel one acre is bigger than what is marked.
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Then, forget the temp fence stuff, & build your fence according to local codes.
Anything happens to it, they need to prove themselves or repair it. On their nickel.
You will need to spend some time & bucks on your side to chase after it. Pain in the rear.
Ain't nothing else to do tho, is there?
This type of thing repeats itself all over the country. Sadly, just how it is.
--->Paul
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06/24/06, 10:59 AM
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Registered User
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Join Date: Oct 2002
Posts: 3,143
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There are a couple of issues percolating in your question. There is the strictly legal issue and then there is the how to resolve the problem in the quickest and easiest manner.
The quickest and easiest way is to contact the survey company and see what they will charge to verify that property line. Seeing as they did the original survey it should be cheaper than a full survey. Once the survey is completed and assuming it verifies the current pin positions I would go to court and get a restraining order against your neighbors. Then I would put up a fence (and at least in Ohio) I would force them to pay for half the fence. I would fence for buffalo and build the best fence money can buy. If the neighbors didn't pay up right away I would get a lein on their place and force it to be sold (Assuming they didn't pay up at that point).
I'm real easy to get a long with if someone is playing straight with me. When someone pulls something like that I have no sympathy or consideration for the consequences to that person.
The second option is to skip having the surveyor come out. Saves you a few pennies and legally you may not need the surveyor to come out. Having the surveyor come out leaves your neighbors no wiggle room as to the property line. Even invite them to come out and view the pins when the surveyor is out there. Take pictures. My question to you is what's it worth to avoid the aggravation?
As usual, just my 2 cents.
Mike
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06/24/06, 10:59 AM
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Join Date: Jun 2002
Location: Willamette Valley, Oregon
Posts: 5,492
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The last time my folks bought acerage they had large metal (at least 4" in diameter if memory serves) posts installed over the survey pins. The posts were bright yellow and there were no denying where the property corner markers were. I'm thinking they must have been cemented in, becuase I know the one by the driveway got hit by a drunk driver and it was still standing.
I am thinking we will probably do that on our current property. The current neighbors are plenty nice, no problems with them, but they are old - one has said she plans to sell in a few months and we can't afford to buy it (sure wish we could!) who knows what sort of person will buy it. Better if there isn't any doubt about property lines before someone new comes along. The other neighbor is closing in on 90 and I don't expect he will be around much longer either - his acreage is a little smaller, so we might be able to afford it if he stays healthy for another year at least.
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06/24/06, 11:11 AM
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Join Date: Aug 2004
Location: ky
Posts: 545
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I am building a fence right now on the property line. It runs thur the woods and in places i had to move off the line a foot or so but it was allways to my side so far no problems,, I fell sorry for the poor guy that has to take this monster down 47 in woven wire barb wire on top of that post set in concreate .
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06/24/06, 11:19 AM
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Banned
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Join Date: May 2005
Location: KY
Posts: 1,072
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You poor thing!
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06/24/06, 12:02 PM
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Join Date: Oct 2003
Location: Carthage, Texas
Posts: 12,261
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If I were building the fence, I'd back off a couple inches from the boundary... set pipe in concrete every 10th post, string wire, and t-post it...
and offer to buy them out...
Anytime land comes up for sale next to you, the best move you'll ever make i this life, is to BUY IT! Otherwise, you divorce yourself from ever complaining about baddish neighbors... the odds are always negative that'll you'll end up with an urban refugee...
an oldtimer way back was in the same boat... neighbor didn't want to pay his share of a fence (they both had cows), so the neighbor built the fence a foot on his side... second neighbor thought that was swell, till the first neighbor said he'd shoot any cow he caught trespassing (and everybody knew he was ornery enough to do it...) cheap neighbor coughed up the dollars...
One of my neighbors wanted me to share a fence. My pine plantation was marked, but not fenced, so I told him if any of my pines wandered across my boundary road, into his housing development, I'd pay for damages... he built it all out of his pocket... funny thing, he put up the fence all around his development to keep bad folks out... I reminded him if they were bad in the first place, a fence, gate, or lock wouldn't stop em...
Remember... you've got to live with these folks... even if you put up a solid concrete wall fence, they'll still be there...
my condolences... heartfelt condolences...
__________________
Luck is what happens when preparation meets opportunity. Seneca
Learning is not compulsory... neither is survival. W. Edwards Deming
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06/24/06, 12:48 PM
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Banned
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Join Date: Nov 2002
Location: NC
Posts: 806
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Quote:
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Originally Posted by Mike in Ohio
There are a couple of issues percolating in your question. There is the strictly legal issue and then there is the how to resolve the problem in the quickest and easiest manner.
The quickest and easiest way is to contact the survey company and see what they will charge to verify that property line. Seeing as they did the original survey it should be cheaper than a full survey. Once the survey is completed and assuming it verifies the current pin positions I would go to court and get a restraining order against your neighbors. Mike
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Have to agree with Mike. Around here the surveyer will come back and confirm one line for $100 bucks. It might be best to be absolutely sure of YOUR line.
Kenneth
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06/24/06, 01:24 PM
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Join Date: Feb 2004
Location: NY
Posts: 3,177
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Idiot people. The farm next door is for sale , I am scarred to death. Our neighbor is great I must say. He has it in the contract for us to buy x number of acres' next to our property line so we have a cushion from the new owners.
I hope all get better for you .
Patty
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06/24/06, 02:01 PM
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Join Date: Jul 2003
Posts: 6,722
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In some states a "restraining order" is only enforcable IF the police catch them in the act. On the other hand, a "protection order" can be enforced even if they are not caught in the act. I don't know if you can get a prootection order for your property, but it might be worth checking on.
__________________
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.Everybody has a plan.
Do you know yours?
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06/24/06, 02:51 PM
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Join Date: Jan 2006
Posts: 503
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Quote:
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Originally Posted by Kenneth in NC
Have to agree with Mike. Around here the surveyer will come back and confirm one line for $100 bucks. It might be best to be absolutely sure of YOUR line.
Kenneth
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I have got him coming tomorrow for free. The PD notified neighbors, and told them my surveyor would be coming They said they would shoot anyone out there . Pd said they will come with him.
He double checked everything, and will be bringing all documents with him.
I am glad he keeeps a good filing system
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06/24/06, 03:00 PM
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Join Date: Aug 2004
Location: Clarksville TN.
Posts: 890
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Quote:
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Originally Posted by pyrnad
I have got him coming tomorrow for free. The PD notified neighbors, and told them my surveyor would be coming They said they would shoot anyone out there .
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LOL there definitely not to bright are they.Hope you get everything worked out and none gets shot in the process.
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06/24/06, 04:10 PM
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Join Date: Jul 2003
Posts: 6,722
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At least now PD know what kind of people you are having to put up with.
__________________
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.Everybody has a plan.
Do you know yours?
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06/24/06, 04:13 PM
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Join Date: Aug 2002
Location: southern New Jersey
Posts: 2,250
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Maybe while surveyor AND PD are there, get those people out in front of them, to make them physically acknowledge in front of the witnesses where the surveyor says the line is. Then inform them in front of the police you intend to put up a fence, and if it comes down again, police will be informed, and there will be legal action against them!
__________________
[COLOR="Blue"]Expect Little - That way you will be seldom disappointed.../COLOR]
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06/24/06, 05:17 PM
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Join Date: Jan 2005
Location: Abilene, Texas
Posts: 2,377
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Quote:
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The PD notified neighbors, and told them my surveyor would be coming They said they would shoot anyone out there .
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When I read that my jaw dropped so far I almost stepped on it.
dumber than dirt
a french fry short of a happy meal
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06/24/06, 05:54 PM
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Join Date: May 2004
Location: Minnesota
Posts: 17,225
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OK, I just couldn't wade through them all, so if someone has already mentioned this, ........well then regard this as an endorsement. While state laws may dictate that property owners share the cost of a fence, a good farmer NEVER asks a neighbor to share in the cost when the neighbor has no need for a fence.
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06/24/06, 06:16 PM
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Join Date: Jun 2004
Location: Washington
Posts: 2,832
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At least now the PD knows for a fact just how far off plumb these folks are. Telling the police you'll shoot anyone out there is just beyond stupid!
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06/24/06, 07:43 PM
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Banned
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Join Date: Jul 2005
Location: Near Walhalla Michigan
Posts: 1,076
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Does anyone suspect that these neighbors do not have a clue as to where their property ends? Did their real estate agent give them some bad info? Somehow..these neighbors seem to think that people are encroaching upon their property. Why else would they cut down trees and tell the cops they'll shoot anyone out there?
Maybe I'm wrong..but I suspect these neighbors think their property is larger than what it actually is. Whatever somebody may have explained to them after the fact seems to be oblivious to them..as they seem very determined to keep what they think is theirs.
Anyway..I am so glad I don't have neighbors like that. Send those neighbors to arkansas..they'll cure 'em.
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06/24/06, 08:00 PM
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Join Date: Sep 2004
Location: Middle of nowhere along the Rim, Arizona
Posts: 3,101
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Yahbut, the reason she's fencing the property line there is to keep their dog out of her barn. (I assume her fields are already fenced!) Really, THEY should be the ones putting the fence up, if they want to keep a dog. She's had animal control pick the dog up a few times.
Leva
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Originally Posted by tinknal
OK, I just couldn't wade through them all, so if someone has already mentioned this, ........well then regard this as an endorsement. While state laws may dictate that property owners share the cost of a fence, a good farmer NEVER asks a neighbor to share in the cost when the neighbor has no need for a fence.
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06/24/06, 08:06 PM
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Join Date: Sep 2004
Location: Middle of nowhere along the Rim, Arizona
Posts: 3,101
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I wondered that, but there's really no excuse.
When I bought my property, I actually had the owner (it was bought w/o a real estate agent) show me the survey markers. He gestured "over there" for one corner and I actually had him show me the actual markers. Came back later and ran string so I KNEW where the boundaries were and could see what I was getting and verified there were tons more trees on this parcel vs. the others I'd looked at.
Verifying exactly where your boundaries are only makes good sense. If they didn't, it's their problem. If the real estate agent told them wrong, their beef is with the agent, if they can prove it, and if it wasn't just an "over there by that tree" type comment from the real estate agent and they didn't actually find the pin and they were thinking the wrong tree ...
Leva
Quote:
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Originally Posted by Qwispea
Does anyone suspect that these neighbors do not have a clue as to where their property ends? Did their real estate agent give them some bad info? Somehow..these neighbors seem to think that people are encroaching upon their property. Why else would they cut down trees and tell the cops they'll shoot anyone out there?
Maybe I'm wrong..but I suspect these neighbors think their property is larger than what it actually is. Whatever somebody may have explained to them after the fact seems to be oblivious to them..as they seem very determined to keep what they think is theirs.
Anyway..I am so glad I don't have neighbors like that. Send those neighbors to arkansas..they'll cure 'em.
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