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

[Zadigvolta]

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

[bumtracks]

Surveys, Taxes,,, one thing they're good for is proving ownership. Show him in a friendly way..

[m Ransley]

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

[Greg O]

Get it surveyed, then put up a fence, just to the inside of your property line. Do it before he does! Greg

[Jim Yanik]

[e-mail] (Zadigvolta) wrote in news: [e-mail]:

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.

[Colbyt]

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

[HaHaHa]

F that. It's a subdivision, so just yank out whatever he's done on your property, return it onto his, stick a fence up if you want and let HIM sue YOU.

Put HIM on the offense if you know you're right.

He's in the wrong so, let him discover that the hard way, after he suffers the expense of an attorney, and attorney discovers client can't win and tells him to drop it, along with the $350.00 to his PO box.

[e-mail]

[m Ransley]

get a survey marked out and , Stand by It with paint and markers, if they refuses to abide go to court , or ??? kiss her ass if it issnt a hogs ass . Mine is a Cows ass..

[Mark Mitchell]

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!"

[zxcvbob]

File a criminal complaint with the Sheriff.

You might also check to see what the setback requirement is. His house may be too close to your property.

I would put up a chain link fence one inch inside the property line.

(the fence is your cheapest effective option if the Sheriff won't do anything)

Bob

[Bruce Robin]

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.

[Ed Clarke]

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. )

[willshak]

On 11/30/2004 11:03 AM US(ET), Ed Clarke took fingers to keys, and typed the following:

There are a lot of old laws still on the books but never enforced. It 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.

[JerryMouse]

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.

[Zadigvolta]

Thank you everyone! I meet with the original surveyor who put in the concrete boundary markers, tomorrow. He told me that there is a $500. fine and/or a prison term of 6 months in our state for whoever tampers with a boundary marker. I am very tempted to pull out the tree, the bricks, etc. and throw them on his land and may still do that, in order to put the pressure on him, however, the surveyor advises against it, as we may get him legally. So we will get a drawn plat showing the encroachment as suggested by Colbyt, will make a cheap copy, send it to him, give him 15 days in the accompanying certified letter, and then pull out the tree, bricks, plastic fence, etc. if he doesn't. Calling the sheriff sounds very good too, as we have one who would really follow through. All your answers are very appreciated! Proper knowledge = decisive action. Thanks, Joe

[Jim Yanik]

"JerryMouse" wrote in news: [e-mail]:

What if you don't consider it any benefit?

[Josh]

"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.

[Chet Hayes]

Yeah, that legal opinion is one of the stupidist things I've seen posted on here, which says a lot.

[Pop]

| > > 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

[David]

You obviously know nothing about contract law.