Dang Neighbors from the city

One side of my property follows a ditch that is just wide enough you can not jump across it. Hardwood bottom land that floods about 20 ft on each side from the ditch with a heavy rain.

The line zig zags with 5 stakes along the line. 4 of the stakes are on my neighbors side of the ditch and 1 (middle one) is on my side. From the road the first 4 stakes are about 10 ft from the center line of the ditch and the last one is about 20 ft. This means I own a strip about 5 ft wide on my neighbors side of the ditch.

When I first moved here (1980) I put a barbed wire fence right down the property line. Later when I got a few cows I put a field fence about 2 ft on my side of the ditch to keep the cows out the ditch.

I have had a understanding with the past 2 neighbors that if they wanted to clean up from the line to the ditch (fallen trees; brush) to cut down on snakes that would be OK with me because I was not coming across the ditch to do it. None did this.

I noticed my new neighbor (3rd one since I moved here) clearing the area next to the ditch in the past few weeks. Then the other day my daughter tells me he is cutting down the old barbed wire fence. So what it is falling down any way.

Any way I see him out there today and notice he is now clearing my land on his side of the ditch. Figure it is time to have a talk so we can lay down some ground rules and get on the same page. I really do not care if he cleans it up but this is still my land.

So I walk over there and nicely ask about what he is doing. Come to find out he is putting up a electric fence right down the edge of the ditch to keep his horse in. Insist the property line is in the middle of the ditch even though I found and showed him the 4 stakes on his side of the ditch. Started saying something about the 20ft easement or something. Yes I have a 20ft easement on my side of the line just like you do. That does not mean you can use my 20ft.

So now I am at a loss. I want to allow him to clear the area; even fence it so his horses can keep the grass short. But with his attitude I feel he will try and claim the land as his and if I let him use it I will not have a leg to stand on.
Wife says call the sheriff but I really am not that kind of person. Would rather work it out between us so we can continue being neighbors.

What would you do?????????

Pictures of the stakes, certified letter, notifying him of where line is. Tell him in no uncertain terms, to respect your property line!

keep him off your land or soon the line will move insist the fence go back where it was

this is a no brainer..... tell him to stay on HIS side of the fence line.

Better to let it grow up from the fence line to the ditch than allow someone else to take it over.

Do up a contract for him to rent your part of the property?? This way he can use it and keep it clean but there is no question who it belongs to. Rent can be just keeping it clean.

Dave

This is a no-brainer. If you allow him to fence, even tho electric right down the ditch that land will become his IF he files the correct paperwork and does the right documentation. You are "allowing" him to re-establich the property at his new fence. You should not have allowed him to take down the original property line fence. He is going to run over you big time, if you dont get a backbone and set him straight. First thing to do now is get new survey, establish the real property line and build a new fence on the line. Tear down any fence he puts on your property quickly, and have your lawyer write him a certified letter stating that you will not permit any adverse possession of your land.
Speak up now or lose your land. Tom

I would write up an agreement that you would let him use your land to graze his horses in exchange for keeping the land clean of weeds and grass and trash. If he doesn't sign the agreement; fence him out. If you let him use it without an agreement, In some states, it can become his property after 10 years or so.. I would keep the fence up in the origional location, but put in a gate and leave it open for his horses.

I have one like that, he once told me that he knows where the lines are and if that's not what the deed says then the deed is wrong. He'll try to bully you, knowing that the cost of a survey and lawsuit is more than the land is worth. All you can do is stand up to him; I doubt he has any intention of being a good neighbor.

Take pictures of the marker stakes with a film camera, not digital. Also try to get pictures of where the old fence was before all signs of it disappear. Then have a lawyer write him a not so polite letter.

I wouldn't let him on it without some sort of written agreement. I have a neighbor suing me with an adverse posession claim. I really don't think he will win, but if nothing else it's costing me money and aggravation.

It's your property, but you still have to protect it or you could lose it.

He tore out your fence without your permission.. He owes you a new fence... This guy sounds like trouble. Stand your ground; or lose it!..!

I would straighten the ditch. A few hours with a dozer is easier than months in court. Then put up a good line fence. The old saying about a good fence making good neighbors has some truth to it. I have had this argument with four or five "neighbors" over the years. I have had the line cleared, then a surveyor mark it and then build a good fence. That is the end of the argument.

Respectful neighbors don't cut line trees unless mutually agreed by both landowners. And old fences are sacred too. He shouldn't have removed that fence without discussing it with you. I hope you can resolve it peacefully.

Paul

Nobody suggested wearing his a$$ out with a piece of the barbed wire...... These folks got people skills........

Dave

Donnnnnnnnn't let him do it. In some states after 10 years it is his they call it Homested act. We lost 5 acres to my LOL's uncle that way. And they are trying to do the same thing again on Father-n-laws place.

First thing I would do is dig out the survey(abstract) and double check the boundary line. If there is any question, hire a surveyor to update. If there is a benchmark nearby, the charge is nominal.
If he is using land that you do not use, I would not worry too much. But, I would watch the 10 year rule on adverse possession(squatters rights). Last few years there have been a few lawsuits on this in my area.

In our county, we have trustees that will deal with it right away. If nothing else they can witness the stakes, and fence. Stick your hand out for a hand shake, and explain you do not want problems, just want to get it right before it leads to problems.

Pa if you take care of a section of land for a period of time without owner objecting and the owner don't do anything with it for that same period, it becomes domain of the care taker.
all he has to do is prove that, and get it registered at the court house.

I would also check before any dozer work was done.
I have a small creek borders my property very crooked small branches from the neighboring woods plug it at times because of the curves. DER man lives just up the road, Although the owner and I agree to swap land on both sides for flood control DER guy won't let us straighten it, and I need his signature to get a permit.

Like everyone else said, you don't want to lose your property to adverse possession. You should probably talk to a local lawyer, since Louisiana law is significantly different from the rest of the country (based on French and Spanish law rather than English common law). I'm guessing a lawyer will recommend you start with a "cease and desist" letter.

Your property your fence. yours. I would have another talk with neighbor and ask can we move fence over 20 ft his way? I bet not. Keep your property. I am from city but have property in ashtabula ohio farmers had to put up signs that explain farm country and smells because city folk building houses didnt like smells. we talked to farmers about signs and could not believe they had to do this. farm country is farm country.

You'll probably have time to sort it all out while you are sitting the courtroom,waiting for the case/lawsuit to be heard of him or his HORSE getting hurt while on YOUR land.
Probably need some sort of contract drawn up??

LA kind of interesting? similar thing happened in south Alabama guy was found half beaten face down in a ditch. No more propety line problems!!!

The class I had may be obsolete now (it was 30 years ago), but at least at that time and here in Montana adverse posession included them paying the property tax on the land in question. They would need to go in and make sure they took over paying the taxes on that part of the land they are trying to claim.

Don't give him an inch! Neighbors have told me over the years that a foot either way doesn't matter to them when an old fence is replaced with a new one but they always want to gain a foot rather than give up a foot or two. Put the fence back on the property line and in places that you can't do this because of the ditch or gulley then drive pipe or t-posts down in the ditch along the property line and kindly explain to your neighbor not use your land for his gain.

Thanks Mark;
I know our laws are different than the rest of the country. Not really looking for legal advise on a tractor forum but rather others to confirm my thoughts. I am not the kind of person that creates trouble; some may even call it no back bone; but this is one instance where I will have to put my foot down to protect my rights.

Went to home depot this morning and got several large rolls of string and some flagging. Going to mark the line per the stakes I see.
If he still insist on crossing the line I will have to call the sheriff or get a lawyer to send him a letter.

When I talked to him yesterday he gave me the impression that he believes the property line is in the middle of the ditch even though I could show him the stakes in the ground. Do not know if he is just that stupid or this is a scam to try and get the land to the ditch.
Granted he was most likely told by previous owner when he bought the property that the line was the ditch. This was more a general where the line is than a exact location as the line is only a few feet away.
Heck if he wants to dispute the line he can pay for a new survey.

That is my problem Dave; I have people skills.

Can you teach me how to loose them. LOL

As others have said, people will try to encroach by expanding fence lines into property. My guess, this person has a method for his madness and feels justified for doing what he is doing. Referencing a 20' easement is a tip off. Saying "no" now probably means you'll never be invited to dinner but it will likely stop other related problems in the future. Besides, it's unlikely that you would have ever been invited to dinner anyway. Be legal, stay safe.

(quoted from post at 09:25:41 02/06/11) That is my problem Dave; I have people skills.

Can you teach me how to loose them. LOL

Click to expand...

Real simple...just rub your crystal ball and picture yourself doing something on your piece that he fenced off and he comes along and asks what you are doing ........... Prolly time to work things out whether it's over a cup of coffee or a shovel handle....

Good Luck

If the old fence was down the correct property line, he knows exactly where the new fence should go. That's the reason he removed the old fence. He was hoping to move the fence to an easier location before you noticed. You're not being a bad neighbor by going to the county to see the land survey. If he doesn't want to accept the property stakes, you can politely tell him that it can be checked out at the county. Moving the line a foot one way or the other isn't too bad but 20 ft. is way too much. I've seen lots of farmers leave the old fence posts up to use as a guide to put the new ones in. Then nobody should complain if the fence has been that way for the last 40 or 50 years. Dave