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06/25/05, 03:43 PM
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Banned
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Join Date: Jul 2003
Location: Georgia
Posts: 873
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Quote:
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Originally Posted by Don Armstrong
If you've got a 5-acre plot, 220 yards by 110yards, and you run a fence around it 8 feet inside your boundary, you are fencing out more than a third of an acre - about one fourteenth of your land. That's a lot of land to sacrifice.
You also run the risk that the neighbours will claim that land of yours which is on their side of the fence in the future.
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One way to stop that is to refuse to allow your neighbor to tie into your fence. Make them run their own fence and follow the property line.
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06/26/05, 02:43 PM
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Join Date: Nov 2004
Posts: 3,510
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To be diplomatic I would tell the neighbor that after consulting with an attorney you were advised to not allow access to anyone. No gate. No four wheeler access. No kids playing on your property. Nothing. Tell him it is being resurveyed for bank and insurance reasons and that you can't allow others on the property for liability reasons. Give him a set amount of time to remove any of his property from your land and stick to it. Be nice but be firm.
I hate how people who don't pay your mortgage or property taxes feel as if they have free use of your property. I simply hate people like that. They want the benefit of my blood sweat and tears and offer nothing in return. Thankfully all my neighbors are good folks at the moment and I don't have any trouble with them. It seems like once you start packing more and more people into smaller and smaller parcels you get more of this kind of thing. When everyone around you has a couple of hundred acres and they aren't within sight and hearing distance of each other those types of problems seem to diminish somewhat.
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Respect The Cactus!
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06/26/05, 03:04 PM
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Texas
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Join Date: May 2003
Location: Texas
Posts: 283
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I hate to say it but these people sound like the "If you give em an inch, they'll take a mile kinda folks"
After everything, I would make it clear that they could no longer be on my property for any reason.
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Originally Posted by Kygardengal
Spoke with the neighbor today. He doesn't seem "happy"....too bad....He asked
me why I was fencing it? I told him we were planning on putting calves on it.
I just didn't tell him that it would be a couple of years from now. Now I will
just have to go out with my surveyer next week and check out where that
pin is....He asked if I could put a gate for him to use... :haha: He just
doesn't get it :no: His wife said.."Oh...that will leave no shaded place for the
kids to play! ! " Then plant some trees.....I will let you know what happens...
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06/26/05, 06:18 PM
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Join Date: Jun 2005
Location: IL
Posts: 71
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Quote:
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This guy has always been nice and sort of keeps an eye on things for me, which I greatly appreciate since I don't live there yet. He rides his 4 wheeler around my property and has run off a few trespassers.
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Kygardengal I know most of the responses you have gotten from the fine folks here at this board agree this guy is a taker. Most are speaking from personal experience and their general knowledge of human nature. They are most likely correct. What concerns me is that you have had a trouble free and friendly relationship with your neighbor for two years and that is about to go by the way side. Many hurt feelings are spawned from misunderstandings. You spent money to have your property surveyed and know exactly where the property lines run. It is black and white to you. Your neighbor on the other hand may have been told when he purchased his land that the property ended at the line of trees. If this area is mowed is it possible the marker could have been dislodged, found later, and placed where he thought the property line is? I'm not saying this is true but if you don't talk plainly to him you will not know either. If you value the pleasant relationship you have maintained for the last two years I would tell him clearly (1 The value you place on that relationship (2 the hurt you are feeling (3 and the facts as you know them.... I would give him a chance to respond and work out the differences. As of right now he and his family are becoming your enemies. You have very little left to loose and allot to gain.
If he is trying to take advantage of you you will gain his respect by standing up for yourself while trying to maintain a friendly disposition. Carl
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06/26/05, 08:03 PM
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Join Date: May 2003
Location: Zone 7
Posts: 10,560
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Regarding the trees that were cut during the closing where I lost 3 to 4 acres of the best timber....I have a hearing in the morning at 10 AM, The injunction to stop harvest on the boundry area is in effect. The logger acknowledges he is across the line but the landowners refused to have any responsibility and there is no logging deed registered. It is the owners that I feel are responsibile and should bear the financial burden. They hired the logger and if they want to work with him to get their losses reimbursed so be it. The land owners were told twice not to cut across the line and they ignored the "heads up". I will response with the outcome.
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06/26/05, 08:22 PM
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Banned
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Join Date: Sep 2002
Location: Dyersville, Iowa
Posts: 2,828
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Quote:
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You spent money to have your property surveyed and know exactly where the property lines run. It is black and white to you. Your neighbor on the other hand may have been told when he purchased his land that the property ended at the line of trees. If this area is mowed is it possible the marker could have been dislodged, found later, and placed where he thought the property line is? I'm not saying this is true but if you don't talk plainly to him you will not know either.
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I understand you wanting her to maintain good neighbor relations & if some of the examples weren't presented that would be my first suggestion-talk to them. But it doesn't seem to be a case of mistaken ownership since he or his wife are the ones who asked kygardengal about removing the poison ivy/oak and also asked her about cutting her tree since it might fall on their tent. Now, if they truly thought that was their property would they be asking her to do the work or remove the plant material?
Also, if they truly felt they owned the property, when kygardengal talked to them & told them she was going to fence it they would have spoke up, instead they commented on how it was going to impact their kids from having shade to play in.
I'm afraid this happens to be one of those give an inch they'll take a mile situations. Unless I misread it she has already spoke with them and there didn't seem to be any dispute about who owned that section of land beyond the trees.
I just hope re-marking the boundary & fencing it works out so there's no further problems with tresspassing or using her land as their personal playground.
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06/26/05, 09:31 PM
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Join Date: Apr 2003
Posts: 99
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Who cares about being or having nice ties with the neighbors. They have over stepped the line. I know here in Ohio when you buy land or in my case we had to pay to have it surveyed before we could get our loan. And I don't know about the fence thing if the pins are there and you put your fence inside the line the pin is still your land marker not the fence. And my neighbors on both sides of us have fences up one on the line and one 8 inches off the line but the one on the line doesn't mean I can just go out and rip the fence up due to the fact that is is rusting and such as this would bring on a big lawsuit. I plan to buy land in AR. in the next few years and will be right there with the survey crew when they are doing it and putting posts and a string line along the property line to make sure I'm in check and as for the other things If heard about squatters and folks taking over my land after so long I guess it would have to go to court on that or end up like the Hatfield's and McCoys lol! Again some folks think just because you let them play on your land they can do as they please and this is why the post starter needs to not worry about ****ing off the other folks they will either get over it or not as I wouldn't care one way or another if it was my land. And as I told her in a Pm. I go out and check the property and different times of the day and week just to check things out and make sure there not on the land and post it and take a video camera with her and if they get caught she has them on tape and they might get off the 1st time but after that the cops will if ask put a flag on the situation in case they get a call in the future on the same thing. Again just my thoughts on this situation and what I'd do if it was me. Later Matt
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Spelling and Gramer subject to screw ups I'm not perfect. Later MAtt
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06/26/05, 09:31 PM
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Join Date: Jun 2005
Location: IL
Posts: 71
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KY Guest You are most likely correct.
There are several possible end results. Most of them are not very pretty. I can't think of a worse sonario than being enemies with my neighbor. The best end result would be that the neighbor respects the bounbary lines and kygardengal and neighbor are still friends. I think that is worth fighting for. No problem is ever solved without some kind of compromise on both sides. Grant it kygardengal should not compromise on property lines, but if the neighbor is willing to respect those lines from now on, she could let him save face and not feel like a theif. Sometimes the end result is worth giving up the statement "I'm right and you are wrong". Carl
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06/26/05, 10:06 PM
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Banned
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Join Date: Sep 2002
Location: Dyersville, Iowa
Posts: 2,828
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Carl, I agree, good neighbors are priceless and worth trying to maintain.
I just hope it works out for her and for the neighborhood peace.
Kathy
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06/26/05, 10:46 PM
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Join Date: Oct 2003
Location: Carthage, Texas
Posts: 12,261
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I am ever so thankful that none of my neighbors are litigious. I can't recall anyone getting sued for anything (I read the local paper, and about the only juicy things in it are the arrest, obituaries, and the court records) except commercial accidents and money matters (not paying taxes, loans, etc.). Maybe it's because the jury pools here are full of country folks, chock full of common sense...and if some doofus goes to court suing somebody for something that would look good on America's Stupidest videos, well they generally loose the case, and are summarily humiliated on the courthouse lawn, for being intellectually challenged. I am even more thankful that I don't live in a city, where it seems inches of land are so important.
I got several miles of fences. Hardly any of them are on the line. Had a lawyer buy some nearby property, and just HAD to have it fenced...asked me if I wanted to help with time and money for the fence...I declined...as he basically was building a fence to keep people from driving down my road, and through my pine plantation, into his resort area...explained that my pine trees rarely roamed or got out, and I didn't need a fence...............My neighbors enter my land, I enter theres. I've never sent or been sent a cease and desist order.
The local """insurance""" story around here (if someone asks what insurance company you have) is a (name of your tractor or preferably backhoe here*) and the 'back 40'. Seriously, if someone gets hurt and it's their fault, the last thing mentioned is lawyers.
If I ever, heaven forbid, get a neighbor who is so worried about safety, I'll trackhoe a moat on my side of the 8 foot tall electrified razor wire fence.
My advice again, is build the fence 6" inside the survey line...pass on any letters...you might need the neighbors help one day...play nice if possible.
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06/27/05, 04:35 PM
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Join Date: Sep 2004
Location: Kentucky
Posts: 344
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Texican, the situation you described is exactly what we always have had.
The problem is that because of my generosity, I have a neighbor who has
physically moved a corner pin on the property line. Now I no longer consider
this person "trustworthy"...In my entire area, NO ONE has a fence. We are all
open to each other and have always respected the "invisible" boundaries
that divide us. Now "I" have no choice but to physically place a boundary
(in this case a fence) because of the person who doesn't respect the
invisible boundary line. The funny thing is that everyone here knows where
all of the boundaries are, because what we collectively own was once a large farm. We all have a copy of the plat and we all know what it says.
In this experience, I have found that because of this person, I have to spend
the money (which I really don't have right now) and at least put up post at least along the line with this particular neighbor. "IF" he would have only put
things over the line I probably would just dismiss it. But because he moved
the pin, I have no choice because if I do nothing, this situation will only get
worse.
I spoke with another neighbor yesterday and he tells me that several other
neighbors have had to tell him to please not ride his 4 wheeler on their property. It must be real nice to buy 2 acres and think you automatically
have full use of the 200 acres around you.
So far he has moved the trampoline, but he still needs to move his shed,
the dog house, the picnic table and a screened in tent. On Friday, I will be
there with the surveyor and the line will be run AGAIN.....At that time, I will
be waiting with post in hand to permanently mark the line. :no: It is so
sad that we have to do this....but under the circumstances, I don't feel
like I have any choice. This is the perfect example of "Give em an inch and
they take a mile"......
I spoke with him yesterday and so far we are all still talking "nicely" with each other. I hope it stays that way, but if it doesn't I just have to do what I have to do. He probably thought the "stupid woman will never even know
the difference"....."WRONG"....I can't allow him to "STEAL" any part of my property. Now I know that he is a "Liar and a Theif"....I have lost a lot of
respect for him.
Like all of you, I am working very hard to pay my way in this life. No one ever "GAVE" me anything. It was hard to "get it together" to be able to buy
this piece of property. I did this on my own and it took a really long time for me to "get my land". I have a great appreciation for it because for me it was
hard to come by. I just can't allow someone to "Bully" me...
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06/27/05, 06:55 PM
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Join Date: Apr 2005
Posts: 120
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Hello,
You sound like a wise and good neighbor.
I've been reading this every day and I hope I can write clearly to tell you about how long and pain-filled life is after a neighbor tries to take your land. It happened to me; other neighbors knew I was being wronged. But the thief was not able to own the theft. Instead the thief spreads lies about me. I did get my property back but they harrass me and I am in the process of selling and moving after only a few years.
In hindsight, I would have gone immediately to a mediator or lawyer and quietly asked that the neighbor and I sit down with the professional and work it out, without talks about it on the property. I also think the thief would have ended up paying for half of the survey that I had to pay all of and couldn't afford.
Great growing good fortune to you and your family with your land. T
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06/27/05, 10:38 PM
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Join Date: Sep 2004
Location: Kentucky
Posts: 344
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ttryin, I appreciate all you have said. Believe me, I am trying to do this very
carefully....I am not usually a confrontational kind of person. So far we are
communicating well. By the end of the week it may be different. I couldn't get out there today but I will be there in the morning. I am trying to keep the
peace. I just hope it works out that way. I am concerned that he tries to
"get back" at me. I just have to hope and pray that he doesn't. If he does
get "ugly" I would be interested in going the mediator route. I am just hoping it doesn't come to that. I'll have a better idea as the week progresses. If by
then he still hasn't moved his stuff, then I guess I have a bigger problem
than I thought..Just hoping for the best....thanks...to all....
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06/28/05, 10:48 AM
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Banned
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Join Date: Nov 2002
Location: NC
Posts: 806
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kygardengal If he has not moved his stuff you might have the sheriff be there when the line is rerun. That way the "Sheriff" can be the bad guy and tell him to move it or loose it.
I've reread this thread and I believe you are doing what you have to do. Don't apoligize and don't back down. My dad often said "Be firm, be assertive Not aggressive" Took me 35 years to finally understand that.
Let us know how it goes.
Kenneth in NC
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06/28/05, 10:51 PM
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Join Date: Sep 2004
Location: Kentucky
Posts: 344
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I went out to the property today. Everything but the shed has been moved into his property line. However he still has NOT put the pin back. He still
has a couple more days as I will be out with the surveyor on Friday. One
of the other neighbors said I will probably have to have the sherrif over to
"tell" him to move the shed....I hope I don't have to go that far, but if I have
to, I will.......
I'll let ya'll know how it goes.....Thanks to all of you for the support.
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06/28/05, 11:56 PM
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Join Date: Feb 2005
Location: SW WA
Posts: 10,357
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Hmm, if he doesn't move the shed, does it become property of the management (you)? Seems that if he put it on your land, and he did not remove it from your land, it would be considered abandoned property...  I hope you can get this settled amicably, but ya know, sometimes a jerk is just a jerk.
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06/29/05, 12:24 AM
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Join Date: Sep 2004
Location: Kentucky
Posts: 344
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Manygoatsnmore, That would be interesting. But, it is only about 2 feet of his shed... :haha: Now he will have to move it...Wouldn't it have made more sense to just build it where it belonged to begin with?
Ya know I just can't figure this out...What was this guy thinking? Did he
"really" think I would not notice? He has "plenty" of room for all of his stuff and some to spare...I think he did this because he thought he "could". I guess
he thought that since I was "nice" that he could just "steal it" and I wouldn't
care...LOL....What a jerk indeed...
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06/29/05, 06:47 AM
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Registered User
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Join Date: Oct 2002
Posts: 3,143
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Get out the ole chainsaw and a a few skids. Prop a skid upright and start sawing through it. When the neighbor comes over to ask what you are doing tell him you are practicing cause if the shed aint moved you are cutting it off at the property line and he will have a shed with a view. If it isn't moved then cut it off at the property line.
Folks in my area know that the one thing that will absolutely positively guarantee to get me riled is to mess with my property line or to take advantage of my property without asking. Funny thing, problems have dropped off significantly after people have seen how I respond. I get along fine with most of my neighbors....just one or two that I had to use moral persuasion on.
Mike
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06/29/05, 07:27 AM
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Metal melter
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Join Date: Sep 2004
Location: Jeromesville, Ohio (northcentral)
Posts: 7,152
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I'm not sure if this has already been mentioned before, but are you sure he moved the pin? Some folks in our neighborhood were SURE of where there property started...right at the edge of the woods...however, the tree line had moved because of new growth and their property actually starts 20 feet into the woods.
Just something to consider in case you haven't already.
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06/29/05, 07:52 AM
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Join Date: Sep 2004
Location: Kentucky
Posts: 344
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The property was surveyed 2 years ago at purchase. The trees in question
are very large, like 40-60 ft tall and 2 ft across. I went out there while they were gone and measured. According to the plat, the line on that side is actually 3 ft longer than his opposite side. He has it like 30 ft longer... :no: I am positive that "someone" moved the pin. I have to assume he moved it, because no one else would have an interest in doing so. I have not come
out openly and asked him as I am trying to give him the opportunity to correct the situation and "save face".....but he seems to want to be stubborn
about it so I will just have to proceed with the survey. I just hope that this
is all it will take...My other neighbor suggested having the sheriff tell him to move the shed, but I am hoping to avoid doing that. However, I will if I
have to.
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