I had my property surveyed about 10 years ago (potential neighbor dispute)

[moobu2]

and the survey shows my neighbors fence is built onto my property by 0.8' on one side and 0.4' 0n the other. Would you think that was 8/10 and 4/10 of a foot? It looks like it to me. I never paid that much attention to it because it didn't bother me, but my neighbors have become real spiteful after I reported them for killing a dog, and threatened me with a lawyer this morning (long story). Anyone know in case I need this info? Thanks

[flvegan]

1. That's correct.

[petronius]

2. I'm no expert (except on the internet), but you may want to look up 'adverse posession'

If you knew about this 10 years ago and did nothing, it may be their property now...

[janet118]

13. In Mass. it's 20 years . . . yeah, see a lawyer . . .

sometimes just a letter from an attorney is enough to stop bullying neighbors. I have seen enough ugliness develop in property line disputes that, if this has been a long term problem, I would really consider moving if it's possible.

[customerserviceguy]

3. I was a title officer for about twenty years

and the above advice is correct. Also, you are correct in your interpretation of the measurements, surveys express fractions of a foot in decimals, not in inches.

The neighbors threatening you with a lawyer have nothing to do with this, I'm sure. If they're that litigious, it's probably best to leave them alone, they can make your life hell for no reason if they think courtrooms are for entertainment purposes.

In Washington State where I did my work, ten years was pretty determinative as to adverse possession, although it might differ in your jurisdiction. In any case, is it worth disrupting your peace of mind to have anything more to do with these crazies, especially over a 5 to 9 inch strip of land that you haven't even mowed for ten years?

[The Backlash Cometh]

8. There is one way to break an adverse possesion claim if it's over

the required number of years. You have to show that you gave permission for the use of your property.

Check with an attorney.

[customerserviceguy]

9. You're right, that's true

But it would have to have been something that had some strong evidence behind it, such as a recorded agreement or easement for the fence to be there.

In any case, it is probably not worth the hassle, given that this neighbor seems a little half-cocked anyway.

[rucky]

10. But could the survey be used to defend the neighbors' accusations

of infringing on their property by x inches, when the survey shows it's actually his?

[customerserviceguy]

11. If the neighbor was made aware of the survey

and the OP recorded something giving permission to keep the fence there, then the OP has a case. It doesn't look like it's worth spending thousands of dollars on a lawyer, in any case.

Besides, the whole dog-killing, cop-calling, cross-threatening thing is bound to make even a normal fenceline dispute into an even uglier mess. Having peace of mind when you get out of your car in your driveway, and being able to walk into your own front door without wondering if the neighbor's curtains are moving is worth something.

[gateley]

14. Good advice. nt

[formercia]

16. In maine it's 20 years

but all you have to do is notify the offender and the clock starts again. Agreed, it's probably not worth the legal hassle and cost of litigation but a certified letter is pretty cheap.

[louis-t]

4. I think it depends on if you're in a platted sub or

your property is metes and bounds. In a platted sub, the encroachment will be noted on any survey and a buyer would have to initial that he knows a fence is on his property. I don't know if adverse possession affects a platted sub. Metes and bounds measurememnt might be different. Also, I've seen where 3 different surveys show 3 different results. I remember one where a driveway was 1' on someone's property in one survey, 2' in another survey, and not on the neighbor's property at all in the third. I would talk to an attorney right away.

Oh, and the laws vary from state to state. Time period required varies, and not all states have it. Google it.

[CC]

5. Take your survey and talk

to a lawyer. Most will give you a free consultation and then tell you what they can do for you and how much. If this is the same neighbor that said you had to move tree 2 feet over then they know their fence is on your property. Doesn't hurt to see what your options are and how much anything might cost. Maybe you can nip their thoughts of harassment in the bud.

Since the cops saw no problem repeatedly shooting a gun in a back yard to kill a dog you might want to target practice on a regular basis. :evilgrin:
I felt they were so wrong on the dog part but if they didn't care about the dog they should of been able to charge them with firing a weapon too close to homes.

[upi402]

6. My old neighbor did that

I sent a return rcpt requested letter telling him that I retain the rights to my entire property (within 2 years). He whined about me to his boss but hiss boss said I was wise and explained the RE law.

Squatter's Rights they call it here. After that he respected me and we became buddies.
May need a lawyer or RE agent that knows a few tricks. my .02

[The Backlash Cometh]

7. Check your adverse possession laws.

It changes by state. In Florida it's 7 years. If they have a fence on your property for the specified number of years, you're screwn. If not, you can take them the court. In fact, the law requires that you take them to court to reclaim your property. (assuming a conversation doesn't handle it.)

The law sucks that way.

Disclaimer: I am not a lawyer.

[Jokinomx]

12. Kicked... because your story is reality in America....

:toast:

Keep us updated. Good Luck

[Gregorian]

15. There's a chance they now have prescriptive easement over that part of the property.

I'm involved in something similar right now. My neighbor has a garden on my property, and my attorney says in a court, they most likely will be able to continue using it. But this is California. And they have been on that piece of land for 30 years. Chances are you're situation is no different.