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Advice needed for a property line dispute...

Discussion in 'Off-Topic Discussion' started by kingston73, May 1, 2013.

  1. May 1, 2013 at 9:19 AM
    #21
    packfan88

    packfan88 Very Nice !

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    And people wonder why 'community' doesnt exist any longer.

    First of all. Ask him to move it and explain to hi myou marked out the property best you could. Sounds to me like you havent even done the right thing and gone and spoken to him man to man about it. This coudl be a waste of a thread cuz the guy could say "ok. no problem"

    This is your neighbor. You could have kids he could have kids and you want them to inherit your war because you have dirt and wood at the dge of your land?

    Your not 100% sure its your land but you want someone off it? Cause you walked a tape thru the woods you think youre accurate?

    If its such a big deal, spend the couple hundred bucks, have a prefessional survey it, put a fence and block him out.

    Just make sure when your house catches fire, is hit by a storm or you need help that your run to the OTHER neighbors house.
     
  2. May 1, 2013 at 9:22 AM
    #22
    KenpachiZaraki

    KenpachiZaraki Its Wicked Flow BITCHES!!

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    i would be nice about it if you care about a relationship with your neighbor. hell even offer to help move his chizz outta your yard. if not, i would gather as much ammunition as you can (legal, surveyor, maps) anything and everything you will need to make sure that if starts to complain about it, you can say "Hey sucka, you're on my land holmes. You better watch out where you put your stuff ese. This is my Barrio, and there might be some legal matters to look out for vato." you know, something to that effect.
     
  3. May 1, 2013 at 9:46 AM
    #23
    VolcomTacoma

    VolcomTacoma Well-Known Member

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    Yes. Perhaps less 'hombre' though. Just a suggestion.
     
  4. May 1, 2013 at 9:48 AM
    #24
    guitarjamman

    guitarjamman Well-Known Member

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    Sorry but that is one of the more ridiculous things I have read in a while. When you purchase a home, you purchase the land it sits on - every square centermeter of it. Ignoring someone putting anything on your property is only letting the fire grow. There is an "Adverse Possesion" law in every state that basically states if you let them use YOUR land for a specified amount of time and never resolved it, then they can legally take that land into possession. Massachusetts is 20 years, which may sound like a long time, but what if their kid takes over the house - or they sell to some dickhead who moves in and creates trouble. 20 years can go by in the blink of an eye, especially if the person you bought your house from never said anything. Regardless of Adverse Possession - these disputes can take a life of their own if no one addresses it right off the bat. Nip it in the butt and focus on friendship going forward. I know I would never let someone take advantage of me in the spirit of "community."

    As others have said, there is no reason to have a professional survey done - they can cost upwards of $1,000 and not many people have that lying around these days. The two corners of his straight line have monuments already, a surveyor is not needed to establish a corner. Installing a fence will require a surveyor to stake out the line, but to have someone get their eyesore's off your lot requires nothing more than what he already has.
     
  5. May 1, 2013 at 9:51 AM
    #25
    rleete

    rleete Grumpy old man - get off my lawn

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    I had the same situation with my former neighbor.

    Call the police. Explain the situation, calmly and succinctly. Ask for a patrol car to come out when you are sure you will both be home. Show cop property map and markers if necessary. Ask to have items removed from your property with a set deadline.

    Cop in my case was very polite. Neighbor was her usual crazy self. Cop told her to move stuff by end of the week. Naturally, she waited until end of day one week later before moving it.
     
  6. May 1, 2013 at 9:56 AM
    #26
    VolcomTacoma

    VolcomTacoma Well-Known Member

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    Agreed.

    Had a situation when I was growing up...moved into a new house...about a year into it, our neighbor starts talking about building walkway along the side of his house...which is cool, till we look up property lines...turns out our property line goes 3 feet past our fence (prior owner was a weirdo)...so his wall would have gone onto our property..the guy FLIPPED out when we showed it to him, accused us of 'stealing his land' and stormed out.

    In retrospect...had we known what a Dbag him and his family would turn into...should have just let him build the wall, then made him rip it down because it was on our property.

    We went about it like adults and tried to do the right thing, never really spoke to the guy again. Till we had to go over there and threaten legal matters on him when his kids started throwing rocks in our pool from his backyard, while he sat there and laughed.
     
  7. May 1, 2013 at 10:00 AM
    #27
    Lazylegs

    Lazylegs Well-Known Member

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    :D:D:D:D:D right on!!
     
  8. May 1, 2013 at 10:00 AM
    #28
    127.0.0.1

    127.0.0.1 AKA ::1

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    another thing about surveying today vs 70's

    earths magnetic field creeps all the time, as well as the actual crust
    moving around. compass readings will be different over time...You absolutely
    need a professional 2013 survey done if you want any leg to stand on if the shit hits the fan in court
     
  9. May 1, 2013 at 10:05 AM
    #29
    SteelCityPickle

    SteelCityPickle Well-Known Member

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    This + a gazzillion!
     
  10. May 1, 2013 at 10:08 AM
    #30
    LizellaFella

    LizellaFella Well-Known Member

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    Get a NEW PROFESSIONAL SURVEY before going any further. Be sure to have the new survey recored at the local courthouse or where ever. Then, by certified mail, signed receipt requested, serve the neighbor with papers to the effect of the new survey and their findings. At the same time have a fencing company come out and put in a fence, preferably wooden, minimum 6ft high if your HOA permits. end of story.
     
  11. May 1, 2013 at 10:11 AM
    #31
    kingston73

    kingston73 [OP] Well-Known Member

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    I have 2 acres and then there is conservation land people are able to hunt on behind my lot, total of maybe 10(?) acres, maybe more? I know a few people use it during bow season as I've seen them while out walking my dogs and there are a couple tree stands set up. Last year I had a giant 10 pt buck eating bird seed in my back yard, biggest deer I've ever seen in my life. Also if you are into predator hunting we've got a good population of coyotes. The problem is I'm not sure what the firearms rules are for the property, I know somebody out behind me uses it for target practice on the weekends so I guess it's legal.

    It's both, the thought and the use. The wood pile especially bothers me because it does and will attract rodents and pests, there's enough of an issue with encourage mice.

    This exactly, I paid for the land indicated on the deed so why should I be content with this other person using my land for free? Plus, if my wife and I ever do decide to move we need to be able to sell for the land we own. If we don't establish our lines clearly now we could be in for trouble later on down the road.
     
  12. May 1, 2013 at 10:11 AM
    #32
    RevAdam

    RevAdam Impressive Member

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    Call him or go over and mention you are about to build a fence for your future dog, and tell him that his storage areas are going to be on your side of the fence if you're reading the property line correctly... go look at it together with a string between the two points. It'll work out.
     
  13. May 1, 2013 at 10:14 AM
    #33
    VolcomTacoma

    VolcomTacoma Well-Known Member

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    I would strongly recommend this. Great way to start off. If he turns it into a fight, THEN you go get the survey done and F*** his S*** up.
     
  14. May 1, 2013 at 10:14 AM
    #34
    hetkind

    hetkind Well-Known Member

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    I agree with the post above...call your neighbor in a friendly way and ask him if you would care to walk the property line with you, to help avoid confusion. If there is further confusion, than ask him to either accept the existing survey, fund a new one or split the cost of a new one...

    Howard
     
  15. May 1, 2013 at 10:19 AM
    #35
    kingston73

    kingston73 [OP] Well-Known Member

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    We tried to be friendly when we first moved in, but these 2 people do not like dogs, do not like kids, and do like to have their yard PERFECTLY manicured, as in they will have a pair of scissors and be on their knees trimming every blade of grass exactly. I'm not exaggerating. The only time we've ever had any interaction with them is when we first moved in, the couple came over to tell us we needed to call the town so we could get rid of a large TV that the previous owner had left out on the curb. I've tried going over to their house a couple times in the past couple weeks but nobody ever answers the door and there isn't any way to tell if they are home or not as they both park their cars in the garage. I'm relatively certain the guy is avoiding me, I've seen him outside a few times but when I've walked out my door he always seems to disappear.

    I'm curious, do you either not own land or own so much of it that you aren't worried about giving it away for free? Maybe you missed it when I said I've already asked him to move the stuff, BEFORE i took the time to do all the rest of this work.
     
  16. May 1, 2013 at 10:23 AM
    #36
    VolcomTacoma

    VolcomTacoma Well-Known Member

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    Document it, bro. Send him several letters, every day, asking to have his stuff removed from your property. take pictures TAKE PICTURES TAKE PICTURES. Then when he refuses, or just nit picks around...either take his shit, or just move it over onto his property and build a big ass fence.

    Make sure to leave a paper trail, so when he tries to call the cops or take legal action for you moving his stuff, you have documents to prove that you tried to contact him several times to no avail.
     
  17. May 1, 2013 at 10:50 AM
    #37
    beachingtaco

    beachingtaco "We have assumed control"

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    To protect your own interest this is the best advice given. I'm not sure of all of the laws in Mass. but here in New York my advice would be to get an updated survey FIRST. Just because you have two property corners dosen't mean there in the correct position, which is what a licensed surveyor would tell you, as well as be liable for. An updated survey would show any encroachments, if any, by your neighbor. After that that i would speak to a lawyer but he probably would suggest sending your neighbor a copy of the recent survey with the encroachments in a registered mail letter asking for him to remove the encrachments. That usually puts the person on notice and with the survey, proves that he's encroaching on your property. That most of the time settles these issues. There is much more to the actual survey end but this is why you hire a licensed surveyor. Call the surveyor on your old survey to get started, they most likely will be able to update the survey the cheapest and collaborate what i'm saying or point you off in a better direction. Good luck!....I speak with some knowledge, i'm am a land surveyor...
     
  18. May 1, 2013 at 11:14 AM
    #38
    oldstick

    oldstick Middle Age Member

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    I agree it's best to work it out in a friendly way if possible. Some years ago a next door neighbor was about to put up a decorative border fence around his front yard.

    I saw the markers and was pretty sure his contractor was about to put it several feet onto my property, so I said something. I tried to be polite, that I really didn't care that much about the property line a few feet one way or the other, but I was concerned about the legalities when we tried to sell the house.

    They had lined up with my backyard fence which they assumed was the line, but I had purposely installed that section several feet off the line for a reason.

    They just went and got a copy of the survey from the local tax recorders office and the contractor said, yep he's correct.
     
  19. May 1, 2013 at 11:22 AM
    #39
    RevAdam

    RevAdam Impressive Member

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    If you try in good faith to get him to move his crap and he's still a dick, call the surveyor, get the plat on file at the courthouse. Use the dirt where you see fit and have a bonfire.

    Invite him over for the weenie roast.
     
  20. May 1, 2013 at 11:38 AM
    #40
    bldegle2

    bldegle2 OldPhart

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    "Just because you have two property corners"

    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

    Those corners are actually called markers and are buried in the ground with just a small bit of exposure, usually a sizable cement marker and they were established with the ORIGINAL survey for the platte maps, subdivision maps, whatever they are called in MA...

    It ain't gonna come down to this, just grab your neighbor when you can and walk the property line, if he is an azz about, then go full Monty on him....

    Save yer $$$ for the 'just in case'....

    Remember, it is a two way street, he has to prove it is his land if it is in dispute, and he would have to get a new survey to prove his point...

    Just resolve the matter with a face to face...as far as the dude avoiding you, kripes, I used to do stakeouts to nail people with subpoena's, your a neighbor, you can stake out from the convenience of your livingroom...
     
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