Neighbor using some of my land
 

Looking for opinions so I dont do the wrong thing.

Over the weekend, I noticed the neighbor working on a piece of land that belongs to me. He was digging a trench installing some street lights and a spot light. The property borders his property, and looks like it should belong to him, but doesnt. I personally doubt I will ever need or use the land, but I am paying taxes on it. Not sure what I should do.

There is a nice stone garden at the entrance to my driveway, which is on the disputed property. Not sure who built it, PO or him. If I ever wanted to put up a real gated entrance, I would need that land.

This is the only neighbor that I dont really get along with. Not sure why, but they always turn away when they see me so they dont have to wave.

Looked up adverse possession in TN. He has to prove he is maintaining the land for 7 years. Not sure if he can prove that. I recently bought the property, maybe 2 years ago.

Red is my property line, yellow is what they are using:

http://forums.pelicanparts.com/uploa...1393862417.jpg

http://forums.pelicanparts.com/uploa...1393862432.jpg

I think first step is talking to him and seeing what he thinks.
But not sure which route to take after that.

What would YOU do?

I would do whatever is needed to make sure he stops what he's doing right now.

I don't know the law in the US but locally we can lodge complaints or disputes like this with our local council.
They would send an inspector out and make a determination.

In your case it's pretty clear what's going on. You could try approaching him but I don't fancy your chances.

Talk to him first. I had a similar siutation when new neighbor moved in next door--he cut down a bunch of lilacs which he thought were on his property. I introduced myself, showed him the lilacs he cut, where the property line is(still staked from when I had it surveyed years before he moved in). He apologized, I told him no big deal and we both live in harmony.

That neighbor may not know that slice is your land. I would talk face to face and have a copy of the property map for reference just in case it is needed. But, see what his intentions are first--could just be an honest mistake.

Talking usually helps, but make sure you take back what belongs to you. You never know what's going to happen in the future, gate to not.

You need to get him to stop right now.

Don't allow him the adverse possession option.

If he is already unfriendly this is a real possibility.

If you don't think you'll use it then offer to sell it to him, (if you can subdivde that small a piece).

Why would you give it away?

And what are the potential liabilities for you when his street light falls over and injures someone or blinds a driver coming down the street causing an accident?

Friendly chat followed up with a registered letter to have a formal record.

Mending Wall by Robert Frost

"Good fences make good neighbors".

Talk to him.

I guess you always lease it to him for little to no money if you don't care or at least the amount of the land value that you pay in taxes.

Any improvements he makes you retain if the lease ever expires or you decide not to renew.

You'd probably want to offer him more than a yearly lease, 5-10 years at a time?

Check with your lawyer on the liability issue if you lease it to him.

Thanks guys. So all in favor of a conversation and an official followup, with the intention of me keeping the land.

Here is another view from the beginning of my driveway.
His is the worse (worst?) house in the 'hood.

http://forums.pelicanparts.com/uploa...1393864400.jpg

Seems to me if you know he is installing electrical on your property... you have tacitly agreed if you say/do nothing. Not only run risk of adverse possession, but also a lawsuit if he hurts himself on your property. Maybe there is a problem with conflicting surveys (a mistake of some sort) that needs sorting out...as that visually appears to be part of his lot by the way it is landscaped.

Just shoot him for trespassing.

+1

My dad missed when he put in the driveway to his place. Neither the land owner or my dad realized for over 20 years. Upon realizing, went over for some tea with the lady, discussed it all, and worked it out.

i would do some improvements of my own on that piece of land. let him come to you.

Talk to him first and find his side of the situation. If he is argumentative, I'd check with your local municipality/county - around here, work as he is doing would very likely require a permit.
They should be able to get the work stopped and also assist in "reinforcing" the property lines.

My neighbor in NY had planted a line of evergreens just inside his side of the property line. Sometime later he put up a fence but he had planted the trees too close to the line so had to put the fence further into his property giving the impression that the trees were part of our property.

This all happened 20 years before we bought the house.

The trees were huge, easily 40+ footers. the lower branches extended a good 10-15 ft onto out property and they started a couple of feet off the ground. Made a part of our yard unusable.

I was talking to him over the fence one day and my wife comes out and mentions we were considering cutting the trees which he interpreted as cutting them down. I cringed because I knew they were his trees. He stammered "you can't do that they are on my property".

I quickly responded we love the trees, one of the things we liked about the house so they were going no where. We just want to remove the lower branches up to 8-9 ft from the ground so we can use that part of the yard.

His response was, "let me know if you need help".

He was a good guy, great neighbor. Helped that he was a car guy. Big into Jeeps so we were always helping each other wrench on projects and sharing tools.

When we sold the house I made sure any potential buyer was well aware of the property line before we did the deal.

Be polite and talk to him. Good neighbors are important.

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? In the end, the best thing to do is notify him in writing where the property line is, state you intend to have the option of using that portion to construct a gate or some other structure, and tell him to Immediately remove anything of his currently on that portion of your property he wants to keep and return the land to its prior condition if he has done alterations. If he's not friendly in the first place, he's not going to be more friendly down the line. You can get a map showing property lines from your County, and I would include one (annotated showing the portion you are referring to) with the registered letter you send. If you want to spend a little bit of money, have an attorney send the documentation and letter as additional record of your statement. 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.

mark your property line
plant bushes or a line of rocks

there should be a pipe set at all changes in a property line direction
so where the yellow line starts to the right of way on the red line at the southwest corner of 3.07

remember the right of way is NOT your property
your map shows the west property line as strait but the right of way shows curved
so a small bit of the triangle is right of way

where are the light poles and cable trench located ?

My biggest worry would be a lawsuit. If he does something stupid and hurts himself or someone else, how long would it take for a lawyer to find out the land is yours?

Sad fact but you got to protect yourself. Talk with him but make it clear any work is to stop right now.

just three words: BABY POO YELLOW!