Property Line Dispute, how to handle?

[speedracing944]

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

[VINMAN]

Have him pay for a new survey.

[slodave]

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.

[A930Rocket]

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.

[pwd72s]

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

[LakeCleElum]

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........

[speedracing944]

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

Speedy

[TheMentat]

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.

[TheMentat]

Originally Posted by speedracing944

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

Speedy

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.

[Joe Bob]

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

[look 171]

Originally Posted by Joe Bob

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.

[RWebb]

Originally Posted by TheMentat

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.

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.

[Superman]

Originally Posted by TheMentat

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.

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.

[trekkor]

paint his fence baby poo yellow

This cannot fail.


KT

[svandamme]

I thought y'all red blooded amerikhans had guns exactly for this kind of thing, eg trespassing ! I thought y'all didn't take kindly to that? Bit dissapointed now...

[dentist90]

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.

[madmmac]

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.

[speedracing944]

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

[fred cook]

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.

[MotoSook]

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.