Neighbor using some of my land

[GWN7]

If you have never talked to the guy write him a note. Keep it simple.

"Hi, saw you working on the corner piece of my property this last weekend. Enclosed is a copy of my property survey which shows where the property lines are. Didn't want you spend a bunch of time and money on property that isn't yours. If you want to talk about this give me a call." Name & phone number.

As to adverse possession in TN. He has to prove he is maintaining the land for 7 years, but wouldn't the land have to be abandoned while he maintained it? It you owned it and payed taxes on it you maintained it? Not a lawyer and don't know the laws down there, just asking.

[carambola]

something isn't right here,what is the angle?

[vonsmog]

Be firm and make sure your neighbor is well aware of the lot lines, He might be making a play for your land. I bought a piece of property that had just over 3 acres in the heart of a small village. The buildings were right on main st, and backed up a hill to homes, with a driveway that wound up the hill to another street. One day I here some equipment running on the top of the hill so I take a walk up to the top to check it out. One of the neighbors decides to remove the driveway up to the top and clear some of the land for fill for the drive he just removed! The asshat neighbor was once the mayor, until all the racketeering charges stuck and was convinced under the RICO act. Told the guy on the backhoe he had three hours to repair to original and reseed the grass or the two of them could be cell mates for the night. Next asshat and another neighbor had been cutting the grass on my property by about 75 feet, for a few years while the property was being foreclosed on . I wrote both a certified letter stating that they had my permission to continue to cut the grass, but was not giving up any rights or ownership and that they could not park,plant or build anything on said land and that they did the mowing at their own cost and risk. As soon as they both got the letter, they stopped cutting the grass. Found out later they had been cutting that much extra for almost six years, and my letter set the clock back to zero for them to make a play on the property. So now they call the town and complain that I am not cutting the grass! Since it can't be seen from main st. I don't have to, so tell the town guy to go up and explain that to the both of them. Then I found out one of them has his hidden dog fence on my land by 60 feet when his dog bites my son when he was snow boarding down the hill. The guy tries saying my son was aggravating his dog and instigated the attack. But when I get up there, from the foot prints I could tell my son was no where near his lot line. Went back got a shovel and cut the line at the lot line and called the cops. This all happened in the first few months of owning the property. Once they were put in their place and taught that they only have control of what they own. I had no more issues with them.

[Gogar]

Originally Posted by GWN7

If you have never talked to the guy write him a note. Keep it simple.

"Hi, saw you working on the corner piece of my property this last weekend. Enclosed is a copy of my property survey which shows where the property lines are. Didn't want you spend a bunch of time and money on property that isn't yours. If you want to talk about this give me a call." Name & phone number.

NO.

+1 on the face to face neighbor talk. Like real people.

[t-tom]

Face to face is the only way to handle this. If he does not care or won't talk to you then you ramp up the effort.

[onewhippedpuppy]

Originally Posted by Gogar

NO.

+1 on the face to face neighbor talk. Like real people.

Yup, go have a beer with him or something. You might find he's a nice guy but not real social. If he's a dick in that situation, then resort to letters, surveys, etc.

You want a difficult situation? We got brand new neighbors last year who had a baby shortly after moving in. The baby had some medical issues so they were forced to leave town for treatment, it was short notice so we volunteered to watch their house. While they were gone, a fence company came out to put in a back yard fence on their lot. The fence company ignored the survey posts and put the fence about 1' on our side of the yard, and destroyed several sprinkler heads in the process. They also did a piss poor job, the fence was crooked and looked like hell. Before I had a chance to talk with them about the fence, their baby died. So in that situation, should I send a letter?

Ultimately the fence company dealt directly with us (with their blessing), we insured that the fence was built correctly and in the right place. They took off and left my broken sprinkler heads so I fixed those myself, and never said a word to the neighbors. They had enough to deal with.

[dennis in se pa]

If he does not say hello, maybe he is socially "backwards". And I bet he does not know it is your land. I would make an effort to talk to him face to face. If he is not willing to talk I would get a lawyer involved. No sense dealing with it personally if the guy is going to get weird.

[RWebb]

I'm a little surprised if Tenn. still has adverse possession (AP). Most states have gotten rid of it - it is a common law doctrine and may not be in the state statutes. Abandonment is not required in the sense most people think of it. Also, he will usually get an easement not full title.

Yes, go talk to him first. But you absolutely must not rely on any oral agreements. You want to send him a letter and be sure you can prove he got it, which means Certified or Registered mail.

You can grant him a license to run his ditch without charging him anything and that kills any AP claims.

You need to hire a local attorney.

[Bill Douglas]

Road frontage land is valuable should you want to subdivide. So don't take any risks that may cause you to lose this bit. The guy is an ***hole and just trying it on hoping that you will be so soft that you do nothing. Again, polite but firm.

[Seahawk]

Originally Posted by Evans, Marv

I'm sorry, but I have a healthy distrust of unfriendly neighbors who display avoidance. If he's shown he isn't interested in talking to you, why should you go out of your way to talk to him or be negotiative?

I quit feeling I was obligated to suck up to unfriendly people who show no regard for me, my family, or property a long time ago. It never does any good.

There it is. I'd do a quick fly-by with the good neighbor schtick then get serious. It is land, not a Cotillion.

I have a beach that abuts with my neighbors property. He is a great guy, we do business together all the time: LLC's, etc. His kids play on my beach and he uses it for kiting, etc.

So we spell out usage, insurance, who does what to whom without rancor, have a usage signed agreement. Only way to go.

[madmmac]

Not sure how a fire truck or a dump truck with a pup trailer would ever make that corner.

I'm thinking that is why it was originally plotted that way. Just a guess.

I'd be talking with him doing some scrapping, leveling and making a nice broad corner.

[Baz]

Some great advice so far......

I can only remind you that you only have the opportunity to make a first impression once so make sure you bring the right vehicle for that very special moment:

[madmmac]

And after further review, that road looks like it would be an easement to both the properties, even though they are both owned held by you, it was still plotted that way. Usually, 30 feet on both sides of the property line on each property.

He knows what he is taking

[Rot 911]

Originally Posted by RWebb

I'm a little surprised if Tenn. still has adverse possession (AP). Most states have gotten rid of it - it is a common law doctrine and may not be in the state statutes. Abandonment is not required in the sense most people think of it. Also, he will usually get an easement not full title.

Not true. Adverse Possession is alive and kicking in most states. Adverse Possession State Laws | Nolo.com

Yes, go talk to him first. But you absolutely must not rely on any oral agreements. You want to send him a letter and be sure you can prove he got it, which means Certified or Registered mail.

I agree

You can grant him a license to run his ditch without charging him anything and that kills any AP claims.

I also agree

You need to hire a local attorney.

I disagree. Assuming neighbor hasn't met the statutory guidlines for adverse possession, a certified or registered letter will defeat any future claim.

[madmmac]

You need to find the survey monuments.

[RWebb]

Originally Posted by Rot 911

I disagree. Assuming neighbor hasn't met the statutory guidlines for adverse possession, a certified or registered letter will defeat any future claim.

eh???

I also would not rely on nolo instead of an attorney

[Rot 911]

Originally Posted by RWebb

eh???

I also would not rely on nolo instead of an attorney

I am an attorney, as you well know. And I have litigated several adverse possession cases. NOLO just happens to have a useful chart that accurately lists all the state statutes.

Personally, I would rely on NOLO for legal advice before I would rely on you.

[Tobra]

Go talk to him, ASAP

Don't even let it get started.

[MRM]

The neighbor almost certainly doesn't realize he's on someone else's property. Why would he? Here's what to do in situations like this. You go over and let him know that it is your property, but that you have no problem with him using it. You just need an agreement in place that reflects that it is your property but that you have given him use of it. Then you extend a license to use the property. The license is revocable upon your demand and is not transferable. That way the land stays the way it is, the neighbor gets to use it while it makes sense, you get to take it back when and if you need it, and there is no danger of losing the property to adverse possession.

[john70t]

What MRM said.

Or, offer to sell it to him at fair market price.
Good for you and good for him.