Land surveyed, new concrete bound removed by neighbor...

Page 1 of 2  
Hopefully someone here has been through this and has the answers to this problem. Neighbor was encroaching on the property. Had property surveyed and square concrete boundary markers put in the ground at each marker point. Where the neighbor was encroaching previously the new concrete boundary marker has been removed, tree planted, bricks put in place, etc. In our state moving or removing a surveyor's stone or concrete boundary marker is punishable by a $50. fine and/or six months in jail. Although I really feel that the "neighbor" removed the concrete marker, there is presently no proof who did it, but his encroachment is starting again. Property line is 3 feet from the foundation of his house. Opinions and/or experiences with this kind of problem would certainly be appreciated. Joe
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
Surveys, Taxes,,, one thing they're good for is proving ownership. Show him in a friendly way..

Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
I have the same neighbor, different area and rougher ride.
My neighbor has continuously moving the iron pins, cutting my shrubbery down, planting his in my lot, and etc. He is a typical bible thumping, retired, southern redneck.
First he claimed "30 years ago" when he was at work his landscaper must have planted his bushes in my lot.
Then came a plea for me to allow him the use of the land. (We each have 1.37 acres)
Then came "I now own the land due to the twenty year law".
Then came adverse possession claims.
Along the way I have spent about $6,000.00 dollars. A portion to have new survey performed. He was quick to tell me our plats, plots, and surveys were older than the five year term for court purposes.
The survey showed and documented his railroad ties beginning at the common line, on my side, and then ending at the same line a couple of hundred feet up.
Everytime we hire an attorney, he changes his version of how he owns that portion of my lot, none of which can be used in Georgia.
"I fear the law and have decency, but I recommend anyone in the same position to just kill the bastard and bury him on your lot, where he really wants to be!"
--
Mark C. Mitchell
snipped-for-privacy@bellsouth.net
  Click to see the full signature.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
It is called Adverse Possesion, I am going through it and it is costing me 10000 $ So no , nobody can help you but your library, or an atty. I will help for less, but for $, GOOD BY
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
Get it surveyed, then put up a fence, just to the inside of your property line. Do it before he does! Greg

Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

You contact the surveyor you paid and ask for a drawn plat showing the encroachment. With that in hand you make a cheap photo copy and enclose it with a friendly letter sent certified mail to the neighbor asking him to "remove plantings, fence or whatever remedy you want". Give him 15 days to respond. When he does not do what you asked, you turn the entire matter over to an attorney.
This entire process cost me $500. $350 of which was for the attorney.
Colbyt
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
This is exactly the solution I would do too. Don't wait - don't ask - don't beg. Just put up a fence (withh permits if required and be done with it. While you're at it, unless code requires differently, put the ugly side facing him and make it as tall as the code allows.

Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

And... check your local laws carefully about fences. In Bedford, NY you can charge your neighbor for half the cost of the fence. ( This is a really old law from when our area was farm country. It was still in effect last time I looked though. )
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On 11/30/2004 11:03 AM US(ET), Ed Clarke took fingers to keys, and typed the following:

seems it is easier to enact new laws than it is to repeal old ones. That one in particular seems morally wrong, if not downright unconstitutional. If a neighbor does not want a fence, how can you force him to pay any part of the cost for someone else's fence? Many jurisdictions also have setback requirements for fences and other structures. If there is a fence setback law, the fence would be totally upon one's property, which law would gravitate to utter stupidity.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
willshak wrote:

You force him to pay in court.
It's not a law - it's a concept, part of the Common Law dating back to 1216.
The principle in contract law is called "Unjust Enrichment" coupled with the concept of "Acceptance by Silence."
If someone does something that benefits you, you have an affirmative duty to demurr at the very instant you perceive of the other's action. Failure to do so implies consent and a binding contract is entered.
If your neighbor cuts your lawn while you watch, you owe him the fair value of his services. To put it in plain, contract, terms: 1) He offered a benefit, 2) By your silence, you agree to the terms of his offer.
Ownership of the fence has nothing to do with the derived benefits.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

What if you don't consider it any benefit?
--
Jim Yanik
jyanik-at-kua.net
  Click to see the full signature.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
"JerryMouse" wrote

So this winter when I'm out snowblowing the half dozen driveways for the elderly people in my neighborhood. I can turn around and haul their asses into court? Yea, I'll explain that to the judge that you said so.
I wouldn't think about trying to collect, just showing how ridiculous it would be. Do you really believe someone could create their own income by going around and start working? I don't think so.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

Yeah, that legal opinion is one of the stupidist things I've seen posted on here, which says a lot.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
| > "JerryMouse" wrote | > | > > You force him to pay in court. | > > | > > It's not a law - it's a concept, part of the Common Law dating back to | > 1216. | > > | > > The principle in contract law is called "Unjust Enrichment" coupled with | > the | > > concept of "Acceptance by Silence." | > > | > > If someone does something that benefits you, you have an affirmative duty | > to | > > demurr at the very instant you perceive of the other's action. Failure to | > do | > > so implies consent and a binding contract is entered. | > > | > > If your neighbor cuts your lawn while you watch, you owe him the fair | > value | > > of his services. To put it in plain, contract, terms: 1) He offered a | > > benefit, 2) By your silence, you agree to the terms of his offer. | > > | > > Ownership of the fence has nothing to do with the derived benefits. | > | > So this winter when I'm out snowblowing the half dozen driveways for the | > elderly people in my neighborhood. I can turn around and haul their asses | > into court? Yea, I'll explain that to the judge that you said so. | > | > I wouldn't think about trying to collect, just showing how ridiculous it | > would be. Do you really believe someone could create their own income by | > going around and start working? I don't think so. | | | Yeah, that legal opinion is one of the stupidist things I've seen | posted on here, which says a lot.
Yeah, I agree with that! The poster is severely impaired for knowledge. There ARE remote instances where that kind of thing can happen in a seriously embroiled, heavily disputed relationship/s, I guess, but not by watching someone mow your lawn or anything even remotely similar. I wonder what country the OP thinks s/he/it lives in? Or what the court experience might be?
Regards,
Pop
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

he probably learned that first yr of college, into to business law just like I did. Thanks Professor Downey, for beating the oddities into our heads. He's right.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
Well, then explain this Mr. Biz Law expert. If it's true that someone out of the blue can come on to your property, mow your grass, and then legally make you pay for it, why the hell isn't this happening everywhere? I mean there are plenty of scammers and this would be a sure fire way to make money. Just go house to house in an area with lots of seniors. And it wouldn't be hard to have a couple of buddies that would even lie and say they saw little old lady watch them mow. I'd like to see one legal case where this happened.
Now, if someone already had a relationship with a particular mowing company, there was some vague agreement as to what work was to be done, and then you watched them mow, I would agree they would have a case. But the notion of some stranger showing up and doing work and then getting paid under the law is bizarre. Perhaps you'd like to give us a reference for this claim?
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

You obviously know nothing about contract law.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
I mow my neighbors lawn and he watches but why the hell would I go after him and make him pay when i'm just being a nice guy.
My idea is if you can't back up what you say they you don't know shit.

Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
snipped-for-privacy@aol.comnojunk (Zadigvolta) wrote in

Well,who else would remove them(no easy job),and then the neighbor just "happens" to put his stuff on your property??? Who else would even know they're there? You have to stand up for your property rights,or lose the property.
This is definitely "adverse" possession. It was a clearly hostile action to remove legitimate survery markers,and should be met with legal action. He's NOT a friendly neighbor,IMO.
It did cost you to have the property surveyed,didn't it? Make a claim for that loss,too.Or do you have money and property to toss away?
He should pay for you to have his illegitimate stuff removed,too.
--
Jim Yanik
jyanik-at-kua.net
  Click to see the full signature.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

Related Threads

HomeOwnersHub.com is a website for homeowners and building and maintenance pros. It is not affiliated with any of the manufacturers or service providers discussed here. All logos and trade names are the property of their respective owners.