Neighbour trespasses every day

[slownsteady]

So who's paying the property tax on that "overlapping" land?

 

[zannej]

Here's the thing about squatter's rights-- they only apply if the property is abandoned and you are not paying taxes on it. If Stan is the guy who sold you the property and you were charged the full value and are paying taxes on that part of the property as it is legally divided in the city's records, then it should still be yours. At least that is my understanding of it. This is an issue where a lawyer or some sort of legal advice about property disputes would come in handy.

My question is, do you really need the land that badly that its worth causing so much grief? Are the neighbors generally rude enough to you that you would want to make things harder for them?

You mentioned that someone put the knocked over fence back up-- that sounds like someone on their end was being respectful to you. Perhaps you could open up a polite dialog with them about it.

I could be wrong, but I don't know if their claim that this Stan person just gave them some property is legal or can hold up in court.

I know you've already posted another thread that the city ignored your concerns about the shed and instead are now going after you because the neighbors claimed you were doing some illegal construction. That is just one of the problems that comes with antagonizing neighbors.

I guess this is a cautionary tale about what happens when you start disputes with your neighbors.

 

[frodo]

to keep a car off your property, this is the type of fence you need to install


only, change it up. install 1 [one] rail of fence 18" off the ground
if he parks close to it, he cant open door. but, it is short enough not to block your view



shed caught on fire!!!!!!!!!!!! call 911 quick!!!!

 

[beachguy005]

Squatters rights....aka, Adverse Possession, isn't about abandoned property. It's about someone using it in an open and continuous manner for a length of time. For example, if your neighbor parked their car or had a fence or a shed on piece of property, and used that property continually for a certain amount of time, which varies by State, and it turns out to be yours, they can file to claim that property by adverse possession.
It doesn't matter what your deed says or if you paid the taxes on it.
You may think that your property rights are absolute but they're not. Consider that if your house was partially built on your neighbors property 20 years ago and his survey revealed the error, would you want him demanding you move your house? In that case the law protects you.
You can't just plant a flag or a fence, say this is my property and you can't cross it. Your deed could be wrong. Your neighbors could force the issue into court or your threat of bringing it to court may just loosen their grip. You need an actual survey first. If you don't want to fight in court an agreement, in writing, with the neighbors, for them to continue to use it until the existing owner dies, they sell the property or move. Then it reverts back to your complete control.

 

[CallMeVilla]

OK, this is getting deep in the weeds ... but you need to take overt steps to claim the property to counteract adverse possession. A fence is only one way. A NO TRESPASSING sign on the legal property line can also establish fair warning to the trespasser. If they then reoccupy the land it can be termed a "hostile" , "open" and "notorious" taking of your land. Review this writeup in a respect legal site. You might need an attorney to simply send a letter to the neighbor (which would be cheap).

http://www.nolo.com/legal-encyclopedia/adverse-possession-trespassers-become-owners-46934.html

Can't wait the see this food fight!

 

[frodo]

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.

SO????? whatever happened on this?

in an answer to this old post.

Brother are you naive ! you get a certified survey. because property pins can move in the middle of the night.

a certified survey stops all the BS he said she said, mom said and grand pa had a verbal deal.

in the real world, if it is not wrote down and witnessed, it did not happen

 

[zannej]

CallMeVilla, I see in your link that it referenced property tax being paid on the land. One of the main reasons that adverse possession exists is to make sure that the government gets paid the property tax by someone.

I do wonder if the property can be taken back over by Jungle because it was originally the land owned by the seller-- that is IF the neighbors didn't ever file paperwork to legally claim the land. It seems to me that one of the things appeared to be that they had to have filed paperwork on it. I think this would be a time for pre-emptive strike where Jungle would have to beat them to the court to claim the land somehow and have a lawyer inform them that they need to move their shed and such (after an official survey is done to show the true property line).

 

[beachguy005]

Adverse possession really has nothing to do with taxes being collected. Historically it was because Governments believed that land was better off being used rather than sitting unused. That's about the opposite of today's thinking, where they want open space.
The laws vary state to state. They used to close and clear everyone off of the Boston Common one day a year to prevent the "continuous" use aspect of that law.
Just posting a no trespass sign is irrelevant if the neighbor has already met the standards for a legitimate claim.

 

[frodo]

I dont think believe a building overhang will qualify for adverse possession. in reality he is not

using the land. his eve of the building is over it.

what he needs to do, is get the land surveyed. then go from their.

right now. this is all just he said she said till its surveyed