Hey I Am Really A Good Guy

watcher · #41 09/17/14, 01:45 PM

In some cases good fences do make for good neighbors.

I'd take LOTS of photos, the survey's plat and go to a lawyer. Have HIM inform them, in writing, that you are going to be putting up fences along the property line as shown in the legal survey. Include a start date for the installation and give them 60 days (or the legal minimum) to make an egress/driveway on their own property and to stop trespassing on your property with their vehicles. Then I would putting up two fences. One would be about what you have now, a single highly viable line on T-post as close to the property line (on it?) as legally possible. Placing the post about 3' apart along the FORMER drive. The second would be a much more substantial one (wood privacy, chainlink, field fence, or 3 strand barbed wire depending on how much I could afford) a lawn mower's width inside the first.

Also because I'm old, fat and ornery be tempted to do a lot of outside work wearing as little clothing as possible. Google images of Wilford Brimley and olympic men's diving team and think about seeing Wil mowing in those trunks! Heck, that might get THEM to build a fence.

Maura · #42 09/17/14, 03:15 PM

Okay, if you don’t want to make him pay through the nose for your property so you can buy something nicer, I might do this:

Read up on the zoning laws and find out how far from the property line a dwelling must be. If he is too close, even just the corner, call the zoning administrator on him. That is a mobile home and can be moved.

I would put a fence along the property line of my driveway. Right, he can’t use it anymore. That is a gravel or dirt drive, he can just start driving over his own grass. Unless, as Haley1 wrote, their deed gives them easement on your driveway, you are not obligated to let them use it.

haypoint · #43 09/17/14, 03:43 PM

Quote:

Originally Posted by AmericanStand

Im a little confused by the description of how things happened here But in most rectangular net surveys the entire shortage comes off of the parcels that include the effected line. Why is your parcel only 30 feet short if the section is 60 feet short ? Usually the SE corner would be the FULL 2640 , if Im understanding what your saying you have gave up 30 feet of your property.

Because my land is half the width of the section and the whole section is short 60 feet, my south property line isn't 2640, it is half the width of the section, 2610. All the other property owners, collectively are short the other half of the shortage(1/2 of 60 is 30). But their descriptions are measurements starting from the SW corner of the section. When you add up all the frontage lengths, it adds up to 2640, but only 2610 exists. So, the parcel next to me got shorted the whole 30 feet. He'd like me to give up 30 feet so he can have what the property description says he has. But then I'd only have 2580 frontage, 60 feet short of a half mile and 30 feet short of my half of the section's south frontage. Because the section is 60 feet small, I end up 30 feet shorter than a "regulation", correctly surveyed quarter section.

Yvonne's hubby · #44 09/17/14, 04:15 PM

Quote:

Originally Posted by big rockpile

We can't keep them from their property but we don't have to give the the circle drive.

He did give us another Lawyer to go to.

big rockpile

Why cant you keep them off of YOUR property if they have no legal right of way across it? In my state no one can force a right of way across your property. The state can impose imminent domain to widen a road, or for other legitimate purposes like utilities, but no individual citizen can force a right of way if you dont want to grant it, nor can they force you to sell them so much as a square foot of your property.

big rockpile · #45 09/17/14, 05:14 PM

Ok here is the Aerial we got with the Letter from the Lawyer. The Small Outlined area is their property. The shaded in around the House is where they are wanting to build on this is why they marked a Diagonal Line coming off their corner, this is the property they want off me. The crosses are where I put the Fence up, which I stopped at were they can get in but they have road all along the Left side of their property.

My House is below their place towards the Metal Building along the lower Line. This is my Garage, this aerial is off I am not over on that line.

Really I thought it was awful cute of them to draw their plans in so as reason for needing my property Hey I Am Really A Good Guy - Homesteading Questions

Hey I Am Really A Good Guy - Homesteading Questions

Oh I found a Survey and there is no easement for a drive into their place. In the letter they wanted me to give them an easement or they was going to sue for what they want.

big rockpile

Belfrybat · #46 09/17/14, 05:29 PM

Why can't you run the fence all the way down. If it blocks his driveway, so be it. Unless the part of the driveway in front, where he comes in is an easement. And if so, then that needs to be in writing. Otherwise, as has been said, he could claim that part of your property under adverse possession.

Danaus29 · #47 09/17/14, 05:39 PM

Fence, fence, fence on all sides bordering their property. Tough cookies if they have no access. I'd park a couple cars on the access point to prove my point. They don't NEED your property to access theirs. They HAVE road frontage. And they can build on the other side of their existing buildings. Put some hogs on the line right outside their house and be done with it.

ChristieAcres · #48 09/17/14, 07:52 PM

Quote:

Originally Posted by ceresone

Hey--it happens! I bought 40 from my neighbor, with the understanding I didn't tell her son--and she could live there until she dies. nine and a half years later-after me paying taxes and insurance on it--she took it to court-and got it back!! Said I didn't take possession of it!

Sad story, sorry to hear this!

Your Purchase wasn't Recorded, was it? Also, was an Attorney or Realtor used?

I have known others who bought property and since it wasn't Recorded, the Seller mortgaged the properties, and lost them to Foreclosure (despite the Buyer making the payments...).

ChristieAcres · #49 09/17/14, 08:01 PM

On Property Lines and Easements, ALWAYS protect them at all costs! We have parked an equipment trailer on what used to be a driveway (never an Easement) that runs across our property. This trailer is parked right up to the property line, to block any vehicles from being able to drive through. Right after we bought our property, we find out the (2) Access Easement Right Holders to the property next to and above ours, had no clue what an Access Easement Right was. They thought they OWNED the driveway on the edge of our property. Well, I made a call to an Attorney and notified them of their actual "Right of Access to Egress/Ingress ONLY." Funny thing recently occurred. A sister of the next property Owner, comes walking on over. She introduces herself and her husband, notifying us she was "given permission to use our driveway," to log her property two properties away. That meant, logging trucks tearing it up! Very nicely, I suggested they utilize their own property and yes, encouraged them to have a proper one cleared enough. Then, I went a step further...

I spoke to our new friend, Dan, who has known them for many years. Turns out, he was being hired to do the logging. I told him, again very nicely, that no one was using our driveway and that it was silly. They needed to use their own property, not ours... He got it and here is the outcome...

Dan was hired to finish clearing a driveway up to the back of that property. No one has come back and I got the message out very nicely. We will NOT tolerate any one violating our property rights!

Gee, give people an inch, and they take a mile... BOUNDARIES, a great read and I cannot recommend it too much!!!

Yep, get that fence right back up!

big rockpile · #50 09/17/14, 08:08 PM

Quote:

Originally Posted by Belfrybat

Why can't you run the fence all the way down. If it blocks his driveway, so be it. Unless the part of the driveway in front, where he comes in is an easement. And if so, then that needs to be in writing. Otherwise, as has been said, he could claim that part of your property under adverse possession.

Yes this is what I was thinking but first Lawyer said not to but with all the grief they have been giving us I thinking why not.

Found out a bit ago, they have been getting False information from neighbor on other side of them. He told them there was a Law Suit between us and another neighbor and we lost and was forced to sell him part of our property.

This wasn't the case, yes we was arguing over it and we did see a Lawyer which advised us to sell. For the most part we didn't want it, it was a deep ditch with a Lagoon draining into it.

So there was no Court, Squared our property up and in long run he lost.

big rockpile

watcher · #51 09/17/14, 08:12 PM

Quote:

Originally Posted by big rockpile

Ok here is the Aerial we got with the Letter from the Lawyer. The Small Outlined area is their property. The shaded in around the House is where they are wanting to build on this is why they marked a Diagonal Line coming off their corner, this is the property they want off me. The crosses are where I put the Fence up, which I stopped at were they can get in but they have road all along the Left side of their property.

My House is below their place towards the Metal Building along the lower Line. This is my Garage, this aerial is off I am not over on that line.

Really I thought it was awful cute of them to draw their plans in so as reason for needing my property Hey I Am Really A Good Guy - Homesteading Questions

Oh I found a Survey and there is no easement for a drive into their place. In the letter they wanted me to give them an easement or they was going to sue for what they want.

big rockpile

They've got plenty of roadway access, tell them to pound sand and tell them if they try to sue for an easement you'll find a "if you don't win I don't get paid" lawyer to sue them for harassment, emotional trauma plus the cost of all the surveys and fencing needed to protect your land rights.

Conhntr · #52 09/17/14, 08:59 PM

Quote:

Originally Posted by big rockpile

Oh they moved it off. The drive part this we took to this Lawyer that told us to put up the Fence. They bought the place less than a year ago and are only there on weekends.

big rockpile

Wow they are starting a war with their neighbors and they leave the property u occupied 5 days a week? Pretty dumb.

Heck i think the time for a privacy fence is even over. Head to the junkyard and find some old metal roofing/ bilboards etc and hang em up on tposts. Use the grungiest pieces where the corner of the house is butted onto the property line.
Make sure to use telepone poles in the part where he is driving across your property. A tpole wont take vehicle impacts very well

Another "nuclear option"-- bamboo!!!!!

dablack · #53 09/18/14, 08:50 AM

I'm not sure if I remember right or not but I think you said something about liking to use the circle drive. From the photo it looks like most of the circle drive is on their property. DO NOT USE the circle drive. DO NOT! It makes it seem like the driveway and circle drive are used by everyone. Put up a fence and shut it down!

FarmerDavid · #54 09/18/14, 11:13 AM

They have plenty of room to build in other directions and not need your property. If it is a trailer like someone suggested they can move it and still do their proposed additions on their own property.

tnvarmint · #55 09/18/14, 11:25 AM

Does your state have a castle doctrine law? If so start shooting and say you were defending you property!

That's absolutely nuts...

PurpleToad · #56 09/18/14, 03:35 PM

You mentioned earlier that you need to stay > acres of land based on your septic system. How close are you to that limit? Is that land being actively used for anything? Would it be possible to sell off a portion of that land and still be above your 3acre minimum limit? Of course the price would have to be something you would approve which I would guess is much greater than the average selling price in that area. If he is willing to drag lawyers and courts into it, that will cost you just to defend what is yours. If his pockets really are that deep, he may be willing to give you a substantial price for a small portion of land.

libertygirl · #57 09/18/14, 04:19 PM

BRP what a crappy deal you have with them. I would not sell them a portion of my property. I would put up that fence. I would try to see that their weekend home is really uncomfortable. I'm thinking pigs real close to their house as well. That road stretches the entire length in front of their property...they have plenty of opportunity to build a private drive. If they have the kind of money you are suggesting, it seems they would just sell it and go somewhere else. It is ridiculous to think they should be able to steel (force you to sell some) your land or to think that you should have to move. Good grief! Rotten eggs in the new compost pile on the weekends.! Hounds bayin all night....pretty much get creatively aggressive (not breaking any laws). Maybe pretty quickly they will just decide it's not worth the fight with the "crazy old neighbors" HaHa! Good luck.

Rustaholic · #58 09/18/14, 04:46 PM

My brother just moved two years ago because the guys next door would be tearing up their property with loud trucks most nights until three or four AM just 75 feet from his bedroom. Now he has great neighbors and a lot of woods between all of them. It helps to get a huge settlement that paid for the new house and they are renting out the old property.

ronbre · #59 09/18/14, 07:37 PM

alrighty then, put a price on it that is twice the value of your entire property....if they are so determined to buy it..and move to a nicer place

big rockpile · #60 09/18/14, 08:19 PM

Quote:

Originally Posted by dablack

I'm not sure if I remember right or not but I think you said something about liking to use the circle drive. From the photo it looks like most of the circle drive is on their property. DO NOT USE the circle drive. DO NOT! It makes it seem like the driveway and circle drive are used by everyone. Put up a fence and shut it down!

No I have a Full Circle Drive they have a Half Circle that runs into ours.

big rockpile