Property Line Dispute, how to handle?
 

Neighbor wants to build fence on property line.

Our land has been surveyed in the past which I have a copy

I have located 3 out of the 4 pins and based on my measurements the 4th is about 6' over on "his" land which he mows. One other pin is 2' on "his" his land.

He wants to erect the fence tomorrow

I told him no until I locate the 4th pin

He flipped out and is pissed off

I am thinking I need to have a surveyor come out to locate the 4th pin

What is the proper/legal way to handle the situation? He thinks I am totally unreasonable and a @**hole for asserting my rights as the property owner.

2 country homes, ours is 130 year old original farm house 4 acres, his is 3 year old grand home on 75 acres.


Thoughts?

Speedy:)

Have him pay for a new survey.

Take fence down, sneak onto property and bash solar panels and pipes for pool to bits. Then deny it all.... Oh wait, that is the crazy family that lives next to my parents and found out 20 years too late that the property markers were 5' on what should their unusable land.

He's the one who should be having it surveyed, not you. Don't rely on the pins you find. Get it surveyed one way way or the other, with stakes between pins every so often.

And screw him if he thinks you're an ass.

Pay a surveyor...since you have found 3 of the posts, the cost should be minimal.

If you have 3 out of 4, a sting line and plot map will tell you want you want to know. If he disagrees: Tell him to build the fence and you will tear it down if a survey later proves him wrong.......You can't force him to pay for a survey........

With whom does the burden of proof rest with? Me in defending my property line against improvements or him defending his improvements?

Speedy:)

Quite simply, it is his responsibility to keep his stuff on his own property. If you have walked him through your calculations and there is still disagreement, then he should hire a surveyor. If you are really concerned about what he thinks of you, tell him that you are doing him a favor by trying to clarify things beforehand, rather than with any "unreasonable" subsequent owners of your property.

Many municipalities require a survey before improvements are made (although rural Wisconsin probably doesn't require it for a fence). He can probably build the fence without requiring a survey. However, you are fully within your rights to tear down his brand new fence if you get a survey that proves your case.

Call the building department weenies...sic them on heem....sit back and laugh.

They woudn't do a thing. All they will tell you is to get it survey.

right


you don't say when he told you of his fencing desires... not a legal issue, but you want to make yourself look as reasonable as possible


your best course of action is most likely to paint his fence baby poo yellow.

This. And if he erects his fence on what you believe is your property, get a survey done. If his fence is on your property (or within 6", which is usually the required distance), then it is HE, and not YOU who would demolish the fence.

This cannot fail.


KT

He is a fool to contemplate building anything without knowing where the property line is. At least it is not a garage or other building, but if he errs it will be his time and $$ to move it later.
And if one of the pins has already been found on his side of the proposed fence he is just asking to do this fence twice.

Sorry, your neighbor is a goof. The fence is probably a good idea.

My thoughts....great a free fence. No cost to me.

Hey neighbor, I'll split the cost of a survey just to make sure your fence is done right.

No brainer.

I found out about the fence the same day and right before I left work to come home.

The fence would most likely be a woven wire horse fence.

Speedy:)

Property dispute.....
 

Write him a letter stating where you believe the property line to be located and include a copy of the plat. The pins that you have located should be labled "I.P.F." for "Iron Pin Found". Be certain to put a date on the letter and have it sent by registered mail. Then, if things really blow up, you have a paper trail to use in court. Meanwhile, do what ever is necessary to find the 4th pin. Once it is located, mark the common property line with string or stakes or both. That should establish your claim to the property (however small the slice might be) and put the ball into his court to prove otherwise. You can also go to the local courthouse and find a copy of the most recent plat for his property. Since you have a common property line, there might be some info that helps you find the missing pin. If he goes ahead and builds the fence and it winds up on your land, then you can offer to sell him the small slice for a ridiculus amount of money or he can pay to have the fence moved! Keep it as civil as possible and resort to dueling pistols at 10 paces only as a last resort! Good luck.

No. That's all there is to it. With 75 acres what the H is that fool thinking. Ive hot neighbors encroaching onto my 16 acres and I've been waiting for one guy to pass away before I put up a fence and make his estate move his crap off my property (just over the line). If he didnt work with my dad back in the day I'd kick them off now.

Bad neighbors are the ones who take advantage of your passive nature.

the power of a RESTRAINING ORDER is a BEE-U-TEE-FULL THANG!


he wants to build the fence. he HAS TO GET PERMITS! and right there zoning will say "GET A SURVEY!" PERIOD!


as a matter of fact when before i had the 3 semi trucks of block and cee-ment show up and dump their load.............my licd bonded insured registered azroc contractor demanded a survey from me before he would touch it. and he made it clear since he had done alot of "these" walls.............build it 1 foot in on yer property. and sure as POO..................it worked to my favor.


clown boy non attorney................veers the other way when he sees me now.

Neighbor wanted to put a driveway in a narrow right of way that he technically did not have right to. Saw him out there one day with a chain saw cutting down trees (heavily wooded) and surveying. This right of way bordered on 3 of my neighbors properties, none of us wanting what was once woods behind out homes now a driveway. Had to bring in lawyers. Was able to terminate him using this for any access. $30K later its all settled. It's tough to not want to go over and hit him with a shovel when I see him out cutting his lawn. The bigger that jerk, the more you may need some legal means.

Tell him to get a survey. If he doesn't you run the risk of losing a slice of your land down the road if he claims and maintains the piece of land uncontested for a period of time (usually several years). Raise hell and don't back down. Get local building and planning officials involved as necessary. DO NOT TRUST MARKERS OR PINS FOUND. How do you know they haven't been moved or aren't placed in error? This is why a new survey by a licensed surveyor is required.

Short money for the peace of mind.

And DEFINITELY baby-poo yellow. No bout adout it.

EXCELLENT!
This is what you should do.

I think this is a good approach. He's obviously a douche so deceiving him shouldn't be too hard. In the mean time, pay for the survey. He wont. The fact that he is going to build a fence should be reward enough for your trouble. You'll never have to talk to him again.

75 acres, and he wants to build right now onto an unknown exact property line?
That doesn't sound reasonable, rational, or very neighborly.

There may also be a certain number feet set-back from the property line required. It may even be many feet. This info will be found in the country building statutes/code.

In the meantime, serve him paperwork if there are no cooler heads in his family.

Surveys can be disputed. Just getting "a" survey isn't always the answer. The survey I had (and I had several because of refinancing) was not in complete agreeement of the one he had. His was some historic copy from the farmer he bought the land off of that used landmarks like trees. But since he had been using this for his property lines for the dozens of years he owned it and I knew it didn't agree I let it go. It was only off a few feet. But those feet made a big difference when you need a minimum width for a driveway. I actually own about 4 wooded acres, but the house is situated right in the corner next to this numbskull. Since, we have planted numerous pine trees and focus on the area of our property where most of the land is. It took the legal representation to come up with a survey that satisfied both parties. I'm not completely bitter. He now can never place a driveway there and ownes about 5 acres of land that is completely land locked behind my property. Maybe I'll offer him $10/acre?

It's your property and you have every right to protect it. Don't see any argument against that.

Whose survey really counts? When I sold my first house, the buyer had a survey done and it came back that my fence was 18" on the neighbor's property. But I had never touched the fence since I moved in and I also had a survey done at the time I bought the place. Eight yrs. between those two surveys and the fence was never touched. Which one was right? I ended up having to escrow something like $300 at closing to move the fence and make the issue go away.

First thing is send him a registered, restricted delivery letter telling him of the encroachment. Your State's laws may allow for a prescriptive taking, which such a letter will prevent.

Record the line survey that you had performed, this will further protect your line.

Start taking care of the lawn that he has been taking care of to assure your property rights.

Good luck

when i bought my house 20000yrs ago, i had it surveyed. the southern hillbilly who moved in pulled some crap and my stake markers. that is A FELONY class 6. stake markers in az. have a plastic uv proof cap that have survey date, surveyors ID, and some other crap.


it is then recorded BY LAW BY THE SURVEYOR as a LEGAL DOCUMENT and it aint cheap.


anyway southern hillbilly disputed the markers, raised hell, and HE had to resurvey after i proved with PICTURES where the markers were on the day of the survey. so he gets it surveyed............and guess what? i was RIGHT and HE WAS WRONG! since he was running a biz out of the property(horsey feed biz), all my neighbors and myself dawg piled his worthless moron azz, and sicked county zoning on him. county zoning shredded him into pieces and he moved. then the place sat for a couple of years empty(2.5 acre R-43 parcel).


then clown boy non attorney bought it. as we all know the infamous "baby poo yellow painting of MY WALL INCIDENT", he TOO had his azz handed to him in spades, when he disputed my claim. county zoning went back and saw how many times i have had it surveyed, agreed with my survey, and clown boy non attorney paid at least a $1000 bucks plus for a SURVEY THAT SHOWED MY WALL 1 FOOT IN ON THE PROPERTY LINE! DUH you freeking MORON i told ya that!



hahahahahahaha LMFAO! slice dice mince tag em and bag em!


all the marbles in OJU court.


cuz thats how i roll.



if theres EVER a TIME TO BE DEAD NUTZZ "RIGHT"..................now is the time.

suggest use of a projectile weapon

Got to Zillow.com and put in your address, it may well give you the answer, it did for a neighbor of mine.

$30K out of whose pocket?

Friend of mine lives a couple of houses away from this debacle.

Neighbor dispute leads millionaire to put toilet bowl decor in front yard | Sun Journal

Seaman is unmoved by the complaints, and offers his fellow residents a quirky caveat.

"You should be nice to your neighbors," he said. "They can make you wish you never lived here."

If the people that did the survey you have a copy of are still around call them and have them locate the missing corner, they will flag up the existing corners and it really shouldn't cost an arm and a leg. Then if the guy builds on what you consider your property, you have a problem, but he will have to prove you wrong. You will have a recent survey, he has nothing.

Cracks me up. :D

Hell, I'd buy Seaman a beer; sounds like a real character.

I wonder if he's aware of a precedent, re whether his collection is 'art', that dates back to The Armory Show in NYC back in 1917.

Google Marcel Duchamp's famous sculpture 'Fountain'. :D :D

$30k split between the 3 neighbors. In retrospect it was done the wrong way. My neighbor works for an oil company that uses the firm K & L Gates. The offered to do this for a discounted fee since they work with him professionally. Discounts on fee's that are over $500/hour don't amount to much in the long run. I got a copy of the bills and it had all the breakdowns of $150 faxes and other mindnumbing figures. I could of got someone out of the green sheets for far less.

Be careful with fences, in Virginia they can bill you for half of the costs. I think it has something to do with protecting your land from thier livestock.

Our property is locally known as where Dave made Sean move the fence. You can imagine the struggle. The previous owner (Dave) made the back neighbor (Sean) remove a 300+ foot fence and relocate it to 1' off the correct property line (local code) after Sean encroached on Dave's (now ours) land. Sean had the fence erected while Dave was away, and placed it an average 6' on Dave. The crazy thing is this whole area is a well surveyed subdivision with maps on file in the county offices. The pins aren't hard to find. That fence doesn't look like much but damn. it cost a ton to get it in the right place!
In this case Dave paid for the survey, how that finally worked out I don't know. I do know it was messy, but Dave prevailed in the end. Sean moved on after the business was done. I was told Sean felt it was just some woods and who would care, anyway.