Neighbour trespasses every day

Are you truly ready for the fight that is brewing??

Actually, "eminent domain" is an act by government to take your property. What y'all are discussing "adverse possession." This is where title to another's real property can be acquired without compensation, by holding the property in a way that conflicts with the true owner's rights for a specified period. That specified time is set by State law. An example might be "squatter's rights" or the use of your property for many years without you taking action.

You can identify the property line by locating the surveyor's marker which is usually placed near the sidewalk by the street to identify the property line.

Villa -

You are absolutely correct as "Adverse Possession" being the correct term and I just grabbed the wrong term and started it all.

That portion of the law depends on the individual state.

In my mother's case the corner pins on the road were generally found or could be re-set. The new survey was the surveyors attempt to define the individual lot lines reflecting the owners feelings that were shown by the location of homes and used the established identified pins as a starting point. As I recall, lake lots in that state included a slice of land going to the center of of the lake, so the historic high water is points to use for general reference and no legal points were set. - Especially for locating docks, lifts, etc. that are temporary structures.

Property gets very complicated when dealing the the old "metes and bounds" method that describes a parcel by things like trees, large rocks and streams that could be destroyed over the years and also including compass bearings that get warped locally by some rock formations.

Dick

What i understand in this province there is nothing like that. The property line is what it is.

I think if i contact the city they check it out and order take down of the shed if over the property line. Like any illegal structure built without permit. What i can tell it maybe just the 5" overhand this over, not the actual shed.
Anyways i measured the front and back of both our lots because they are the same size, 50' x 150'. I figured this is fairly accurate and fair? 50' of frontage. I checked three times sure enough 50' checked from both the other neighbours property fences along the tarmac. The 50' lands right in the middle of their drive way. Another 1' over as seen in the picture. So how can anyone argue with that?

I agree that the city might tell them to remove the overhang but the set backs maybe different than the set back for houses but they will require a survey and they won't pay for it. If they make a ruling in your favor it will still be up to you to inforce it legally. Call the city.

I talk to the old guy at 386. He says that two brother got the land and spilt in half and built the houses. The same family build all these cord wood houses start with 8 in 1943, then 386, 388, then me 387 in 1949. So there was a garage before where the shed is now that was built there by the two brothers presumably to facilitate construction of the houses.

If a building was there when the property was divided, it might be on the city survey drawing.

In favor of getting a new survey is a reason no one has mentioned yet "liability " If your neighbor gets hurt on your property, even if she is trespassing, you are liable for her damages. If I were in your shoes, I would get a new survey and install a fence, preferably by a ligitimate fencing company, that will be knowledgeable of all the rules. I would further check with your insurance company

I own a narrow strip of land across the highway - it butts up to my neighbor's land. I could camp out on it or insist my neighbor not use it, but all it would do is create a lot of misery for me in the long run.

If they are not damaging your property, my advice would be to let it go. You might consider living in country, but as I have found out, these kind of things still can happen.

Nothing more entertaining than a spite fence or disputed property line when all the background is not revealed.

Dick

To purchase the house today, a title search must be conducted which would include a complete parcel map. THAT map is available from any title insurance company for a fee. It might be a confusing situation or it might be quite simple.

The main point is that abandoning the land by letting your nrighbors "squat" on it for years could mean you have lost your rights to it. Get your facts FIRST. Then formulate a plan that will guarantee ownership and a clear title.

gosh villa, if you were that close to my house to take a photo, why didn't you stop in for a beer ?

elbo said:

gosh villa, if you were that close to my house to take a photo, why didn't you stop in for a beer ?

Click to expand...

I love how you've fixed the place up...:banana:

the house looks like it was designed by Salvatore Dali, It does have good ventilation though

Having neighbors walking on your property doesn't sound like a huge problem. Good luck talking to your neighbors about it without sounding like a pain in the ***.

Well the red neck son came along yesterday and knocked down the temp fence. I went out and had a few words with him which was a bad idea because he just looks violent, he drives a big truck which is the problem, 'i come here to pick up my kids and i can't even get out of my truck!'
Fortunately i know how to deal with these guys in my liberal way. But he was getting aggressive, i think he some issues. They haven't done any maintenance on their house in years.
So i guess i will have to get the survey done. I don't see why it is necessary when you can see the metal stakes at least at the neighbours lots and measure from there? Plus the property maps should be enough. Seems like a waste of $500. I guess it will be worth it, i wonder if they will move their shed if get the survey? You can see why i need a fence with their animal son roaming around. I can tell they are all just waiting to sell the house when the old women passes on. Someone came out and put the fence back up hour later.

This isnt as major but still a factor ,id Set up some security cameras in open obvious spots...or at least dummy cameras,signs,etc you'd be surprised how it hold back attempts if one feels they are being recorded..you property/your right for safety.
Especially after a new fence is up on your property..
Fences are great-got a 45 panel vinyl one!

Hello,

If you were to ask the county, I am sure they could make them move or remove the shed.

I would try talking to them first.

I used a rental metal detector to find the iron posts at my property corners, which after 50 years were 2" below the surface. Look by power poles which feed two adjacent houses.
BTW, the county had two surveys for my property and only one was right. The one given us with the deed was wrong.

IIRC, the books on Neighbor Law say, send your neighbors a letter explaining your position and asking them to make this right, return receipt requested.

Our neighbors to the east are jerks so we put up a fence so the east surface of the fence is just inside our property line.

One of the worst things about having neighbors (neighbours) is that we can't pick them.

But here's an ice-breaker to try on the bully son: "Is it true that guys with big trucks always have little weenies?"

Well it turned out it was the grandson who stole the new survey pins. I caught him dumping snow on my driveway. Looks like the situation is cleared up because the sister didn't know about it....basically they are scammers.
The real situation is that the property line goes beside their house, they have no drive way. But Stan was a nice *dumb* guy 30 years ago and allowed them to share the drive way for years, then 5-10 years ago they build a fence 'for their dogs' and a 'little shed where the garage used to be.' The problem is the shed now is legal squat, 5 feet over! If it wasn't for the shed i would get the land. So they say Stan 'gave them property.'
At least we all understand that have already stolen 5' of driveway, so much that i can't use the driveway beside my house - but they can! As with most things stan did to this house it was done wrong, like giving away his driveway.

I still have to put the fence up in the spring. It ill be interesting because part of it will be 3 inches on the side of their wood shed, which will cause problem with snow and run off in few years - too bad. I will have to put a metal fence because they are likely to damage a wooden one.
I wonder if the shed rots away in 5 years and they sell the property, i can slide the fence over again and the new owners will be clueless.