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Advice needed for a property line dispute...

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Old 05-01-2013, 08:04 AM   #1
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Advice needed for a property line dispute...

I have been getting some great help from a member here on how to obtain and read my property plat, and I now am 100% certain of my property line but would like to hear some advice about how to handle the next step. I have the plat for my land, it was legally surveyed back in the 70's and the 2 corner markers between my line and my neighbor's line are permanently placed markers. I figured out (with a lot of help!) how to convert the surveyor bearings into compass bearings and yesterday started from my NW corner marker and followed my compass in an exact straight (or as near exact as I could get) line to my NE corner marker. I say I'm 100% confident in my readings because I ended up a single foot away from my marker, that's over a 570 foot distance. So now, my question:

I marked the line using bright pink surveyor's tape, and among other things my neighbor has a very large woodpile and 2 big piles of dirt (from when he added a garage and had excavators dig out the foundation) all well within my boundary. I've already verbally asked him to move all 3 things before I spent the time researching and marking out my line as I wasn't happy with how close all 3 are to my house. Now that I'm positive they are on my land, short of filing a law suite against him what do you think I should do? This is my first time actually OWNING property, I've always rented before so I've never encountered this issue, any and all suggestions are welcome.

I will tell you this, a year ago I asked him if I could use some of his dirt to fill in a hole I have left over from when the previous owner had a shed and the "neighbor" told me "no, I might need it later to fill in sink holes...". Now that I know it's fully on my property I'm strongly considering just using it. The wood pile I'm not sure about, my wife wants me to just take it and put it in my stack but I know he paid for it since I watched the truck deliver it. If I took it I'm pretty sure he'd call the cops on me and it would go in his favor since he paid for it, even though it's fully on my side of the line.
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Old 05-01-2013, 08:17 AM   #2
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Now that your certain he's on your property. I would ask him again to move the three piles. If he doesn't than just call the cops. I wouldn't sue though. Gotta remeber he's your neighbor so he knows when your not there. You never know...
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Old 05-01-2013, 08:20 AM   #3
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Call the police and tell them that someone put stuff on your property and that you want to remove it. That way they have a report that some one has placed something on your property. But if you plan on staying their a long time being friendly with your neighbor might be better. I would let him know your intentions and give him like 30 days to move it or you would take care of it yourself.
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Old 05-01-2013, 08:20 AM   #4
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These kinds of posts always end up being juicy.....

I wouldn't use or move anything until you find out the legal stuff. Honestly, I would tell the "neighbor" that you had your property line marked and his property is officially on your land, that you would PLEASE like for him to move it. Just be nice at first, then if nothing happens after a week I would go back to them and be more persistent saying they have till "xx/xx/xx" to move it. If it gets to like the last 2 days before his "deadline" I'd contact a lawyer. Do you or your parents have a lawyer? Just remember, he is your neighbor and you'll have to be next to him for as long as you own the place.
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Old 05-01-2013, 08:22 AM   #5
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I could send a PM but for the advice to others, here is what I would do. Most people need visual cues to see how they are infringing on others properties - surveyors will use grade stakes every 50' or so to mark the lines. Is the line in question clear from one bound to the other (any trees, brush, etc) or can you see directly between them, even though the neighbor has wood and dirt on the line? If the line is clear, I would buy the longest roll of string you can find:

http://www.homedepot.com/p/Crown-Bol...2048176?N=c2cs

Take a stake and hammer it in right behind each property marker and tie string between them - now you have a visual aid between the two bounds showing your exact property line. Ask your neighbor to come out and look at it with you and he can see how much of his crap spills over onto your line.

If there is no clear sight, still ask him to come out and show him the pink flagging marking your property and how much of his crap spills over. Now you can ask him to either move his stuff onto his property, or demand him to. The best way to phrase it is something along the lines of "I paid for every square inch of my land when I bought it, not so you can use it as storage but so I can maintain it and care for it." Set a timeline or a week to have it all cleared off your land or you are going to pursue other methods of action to get it done - call your Town Clerk and get them to point you in the best direction to get it settled, they will have a record of the dispute on file incase it ever becomes a problem.

My guess is regardless of if your land has grass, the wood piles and dirt would have killed off any growth in the area, the piles harbor animals and grubs which can invade your land or destroy your house. Regardless of what you have stored, he is required by law to stay off your land.
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Old 05-01-2013, 08:31 AM   #6
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I think trying to be friendly would be the best approach, the last thing you want is a war with a neighbor....how big are the piles of dirt? and how much leftover wood? if it ain't a huge amount, offer to move it yourself to a spot he is comfortable with, or maybe the both of you could team up to move the piles, you would have a chance to get to know each other better.....

If this approach fails, then go to more drastic measures, again, remember, he is your neighbor, you got to live with that...
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Old 05-01-2013, 08:34 AM   #7
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I don't think the police will do anything for what appears to be a civil dispute.

Contact the city/county assessor and the zoning/planning comission and explain your situation, and obtain documents to include a parcel map.

Obtain copies of the 1970's survey results and map. You may have to spend a few $$$ for the same survey company to come out and verify the corner stakes.

It is better to try and resolve this between you and your neighbor, but if that is not possible, find a good land use attorney.
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Old 05-01-2013, 08:44 AM   #8
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Take the inititive and clean it up yourself. If it is your property then he has no right to be on your property much less have some of his "trash" on your property. Grab the bull by the horns and end the bullshit. You might have to live with him being your neighbor but who cares, unless he is your kin. If you take pride in your property he might do the same with his. In my subdivision I have had similar problems with the asshole kids riding dirtbikes and tearing up the front yard. I asked them to stop. They continued..I then demanded that they stop. They refused .. I approached their poarents and asked them if they would like to pay a lanscaper of my choice to repair the ruts and replace the zoysia sod? It has stopped, but the yard still has yet been repaired..damn rain..
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Old 05-01-2013, 08:50 AM   #9
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you must arm yourself with a new professional 2013 survey before you attempt
to go to court. then go to court with the survey results.
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Old 05-01-2013, 09:09 AM   #10
kingston73 [OP] kingston73 is offline
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Quote:
Originally Posted by guitarjamman View Post
I could send a PM but for the advice to others, here is what I would do. Most people need visual cues to see how they are infringing on others properties - surveyors will use grade stakes every 50' or so to mark the lines. Is the line in question clear from one bound to the other (any trees, brush, etc) or can you see directly between them, even though the neighbor has wood and dirt on the line? If the line is clear, I would buy the longest roll of string you can find:

http://www.homedepot.com/p/Crown-Bol...2048176?N=c2cs

Take a stake and hammer it in right behind each property marker and tie string between them - now you have a visual aid between the two bounds showing your exact property line. Ask your neighbor to come out and look at it with you and he can see how much of his crap spills over onto your line.

If there is no clear sight, still ask him to come out and show him the pink flagging marking your property and how much of his crap spills over. Now you can ask him to either move his stuff onto his property, or demand him to. The best way to phrase it is something along the lines of "I paid for every square inch of my land when I bought it, not so you can use it as storage but so I can maintain it and care for it." Set a timeline or a week to have it all cleared off your land or you are going to pursue other methods of action to get it done - call your Town Clerk and get them to point you in the best direction to get it settled, they will have a record of the dispute on file incase it ever becomes a problem.

My guess is regardless of if your land has grass, the wood piles and dirt would have killed off any growth in the area, the piles harbor animals and grubs which can invade your land or destroy your house. Regardless of what you have stored, he is required by law to stay off your land.
Zach,
First of all, thanks again for your help, I wouldn't have gotten this far without your extensive information. There isn't a clear sight line between the 2 corners so I used pink surveyors tape to make a rough line above the ground-level markers. You can now stand at the corner marker and clearly visualize about 1/2 the property line, the eastern half of my property is wooded but it is the grassy western half where he has his stuff stacked. My wife has a friend who works for a lawyer and helped me draft a "nice but stern" letter to him which we are going to mail certified later today.

We plan on staying here a long time but have so little contact with this person we aren't terribly concerned with how well we get along. The 2 biggest things that bother me about this situation are 1) the fact that his wood pile is stacked literally within spitting distance of my fenced yard, and it is a large pile (at least 2 cords). Perfect breeding ground for rodents and other pests, not ideal for next to my house and dogs.

The second is that this guy legally owns less than an acre, 0.9 according to town records, but he is using more than twice that area. I'm also sending a copy of the dispute letter to the people who own the land he is currently using, could be he has their permission but it also could be they have no idea he is doing it. I know he cut at least a cord of wood from the section last year, plus he uses that section as a dumping ground for all his grass clippings and tree trimmings.
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Old 05-01-2013, 09:11 AM   #11
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You need a professional survey before you do anything.
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Old 05-01-2013, 09:13 AM   #12
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Quote:
Originally Posted by 127.0.0.1 View Post
you must arm yourself with a new professional 2013 survey before you attempt
to go to court. then go to court with the survey results.
this^

you cant make a good arguement with some bearing you used your hunting GPS to find.

what if he says, "sorry, but i think you are wrong"?

you have any licensed survey buddies?
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Old 05-01-2013, 09:14 AM   #13
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Get a bobcat and push the dirt in his yard.
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Old 05-01-2013, 09:21 AM   #14
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You need a professional survey before you do anything.
X3
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Old 05-01-2013, 09:26 AM   #15
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Old 05-01-2013, 09:29 AM   #16
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does this land of yours have lots of game animals? because i do have a total station and can travel

good luck. i have a butthead neighbor too..i feel your pain. and i have tiny city lot
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Old 05-01-2013, 09:40 AM   #17
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Is the stuff actually in your way? Or do you just not like the thought of it there? If your never going to notice it there to begin with, I'd just leave it alone to keep the happy neighbor, over time the pile will flatten out. But of it's going to be an issue, just flatten out the dirt pile and burn the wood & use the "I told you so" if it ever comes to him needing any of it. But just make sure you're 100% on the survey first
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Old 05-01-2013, 09:45 AM   #18
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It's the principle of the matter lol. I don't even own land and I'd be up in arms about someone dumping their crap on my land as well!
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Old 05-01-2013, 10:08 AM   #19
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I have a friend who went to court over a hedge he cut down that the neighbor claimed. Neither had a survey. Friend paid $2000 damages. Two years later, fued continues, hegets a survey. The hedge was on his land but hes already paid.
GET A SURVEY then figure out what you want to do.
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Old 05-01-2013, 10:14 AM   #20
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You don't need a new survey if the corner locator marks are still in the ground....the old original survey will suffice just fine....you are lucky you found both markers, makes it real easy for property line purposes betgween the markers...I have worked on properties where we could find only one corner locator, then had to backtrack angles based on compass readings, lots of pole readings, digital distance caculations... need a two man crew for sure...expensive for this so far minor dispute...

A copy of the original survey will suffice for now, save the $$$ unless it comes down to a real hassle....

Sounds like you are on the right track with the certified letter...

Good Luck...
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