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Property line question

Last post Fri, Aug 3 2012 10:06 PM by greeder. 9 replies.
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  • Sun, Jul 1 2012 10:57 PM

    • DMR
    • Not Ranked
    • Joined on Mon, Jul 2 2012
    • Posts 1

    Property line question

    My mother in law has lived in the same place for over 30 years. In the late 1990s the property next door was sold. The people who bought the land were peculiar but friendly. About a year ago they began to act really strange. The man would stand in his driveway, leaning on his car, starring toward my mother in laws house for hours. He began to tell her that the fence the property line at was on his property. My mother in law is dear sweet lady. She takes great pride in her property. My husband and I have mowed her yard since we were married (1988). I have mowed the same spots for 24 years. Now all of a sudden the neighbor says the fence is on 5 feet of his property.  The properties in this area are not properly marked (ex. The deeds read something in the lines of “From the oak tree on the right corner to the walnut tree on the left corner”).  Of course the trees are no longer there. I live right down the road from her and a couple of years ago my husband and I tried to get our property surveyed. We were told that the only way to get a correct survey would be to go off the Railroad tracks that are located at the back of our property. The surveyor went on to say that since 9-11 and homeland security that doing so would be a very expensive and a very slow process and even then he may not be able to tell us.  My mother in laws neighbor had the property surveyed in the summer of 2011. I am confident he was told the same thing (he even used the same surveyor). We have told mom not to worry about it that if he wants to take her to court then he may do so but given that he and his wife struggle financially I doubt he would do so. It is my stance that the fence was there when my in laws moved there over 30 years ago as it was years later when the neighbor moved in.  The neighbors knew what property they bought and never disputed it until recently. Now he is threatening to tear it down…. Any advice or wisdom on this?  ThanksDMR

     

  • Sun, Jul 1 2012 11:55 PM In reply to

    Re: Property line question

     If her ownership of the land on which the fence is placed has not been questioned for over 10 years, the land is hers by default, at least in Utah or in Idaho. I would suggest that you speak to a lawyer & lay out the facts above, & pay to have a letter sent to the neighbor.  He bought the land, knowing where the fence was, so he hasn't much ground on which to stand.  I suspect just the letter from a lawyer will solve the problem.

  • Mon, Jul 2 2012 9:30 AM In reply to

    Re: Property line question

    I agree with Zohner and check with a lawyer in your state. Also, the county assessor/register of deeds office may be helpful (or whatever your state calls the office that records land deeds and titles). Those are public records. Ask to see what the legal description of both properties are. Recently, a lot of it is online and may be mapped via GPS (at least in our state and county, all properties are now done this way). If not, the assessor's office should have a plat map and a legal description, hopefully with metes and bounds (rather than oak tree/etc.). So even if your MIL deed has ambiguous language, the other properties surrounding hers may have more exact language.

    This guy sounds a little off the rocker so communicating via letter may be better than in person. But if he touches your MIL's fence, call the sheriff.

     

     

    Erika
  • Mon, Jul 2 2012 9:32 AM In reply to

    • grame
    • Top 50 Contributor
      Female
    • Joined on Tue, Feb 22 2011
    • Kingdom of Callaway
    • Posts 1,950

    Re: Property line question

     We have the same law in Missouri,  Neighbor is SOL if he tried to pull that here.

    I declare to you that woman must not depend upon the protection of man, but must be taught to protect herself, and there I take my stand. ~Susan B. Anthony
  • Mon, Jul 2 2012 11:50 AM In reply to

    Re: Property line question

    zohnerfarms:

     If her ownership of the land on which the fence is placed has not been questioned for over 10 years, the land is hers by default, at least in Utah or in Idaho. I would suggest that you speak to a lawyer & lay out the facts above, & pay to have a letter sent to the neighbor.  He bought the land, knowing where the fence was, so he hasn't much ground on which to stand.  I suspect just the letter from a lawyer will solve the problem.

    Yes a letter should do the trick. He bought the property as-is...knowing where the fence was.

    Michelle in Northern Michigan

    "Those who would surrender liberty for security deserve neither" - Ben Franklin

  • Tue, Jul 3 2012 8:51 AM In reply to

    • gayla50
    • Top 10 Contributor
      Female
    • Joined on Mon, Sep 24 2007
    • Western North Carolina
    • Posts 8,491

    Re: Property line question

     adverse postion .. she need to inform him about the property line .. she can get a copy of her survey at the court house sounds like he is gong to try to move his line ...

    a Bully is hard to deal with please  stay on top of this he needs to remind that there are laws.

    Gayla

    Officially Recognized Stretchpert in Frugal Food and Cooking and in Slow Cooker Foods



    Purpose is what gives life a meaning
  • Tue, Jul 3 2012 12:49 PM In reply to

    Re: Property line question

     Thank you, Gayla - Adverse possession is the term I could not remember.  If the fence line as been the undisputed "property line" for over 10 year, which it was before the neighbor moved in, your grandmother owns the land through "adverse possession".

  • Tue, Jul 3 2012 6:12 PM In reply to

    Re: Property line question

    I agree ... talk to a lawyer and have him send a letter.   But in the meantime, keep a close eye on your MIL's property; and if he touches the fence, be prepared to call the police.  I'd also suggest that for safety's sake, your MIL not deal with him alone (another good reason to have a lawyer ... she can refer everything to him/her.)

    www.dodgeandweave.blogspot.com
  • Wed, Jul 4 2012 10:37 AM In reply to

    • Walt34
    • Top 75 Contributor
    • Joined on Mon, Dec 17 2007
    • WV eastern panhandle
    • Posts 1,406

    Re: Property line question

    Local land laws can vary widely, even in counties within the same state, so the best advice is to discuss it with an attorney familiar with your local laws.

    Most attorneys charge little or nothing for the initial consultation and having one send a letter outlining the legal status of the land may discourage further assertions of ownership. So it may be worth the $200 or so that would cost for your MIL's peace of mind.

    Officially Recognized Stretchpert in Money Management
  • Fri, Aug 3 2012 10:06 PM In reply to

    Re: Property line question

    Adverse possession. But, it may not work.  In Oregon, in any case, the possesion has to be disputed for those ten years.  The quickest way for a land owner to protect himself from a claim of adverse possession is to just give the adverse occupent permission to.

     So doubl;e check.

     In any case, take pictures of the fence from several angles so that you can have documentation of the current status.  Then, if you have old family picures that show the fence, save coppies of those too.  put them all together into a file so that if you have to go to court, you will have evidence of the fence and where it was/is and how long it's been there.

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