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mcoffman

05:12AM | 05/18/04
Member Since: 05/17/04
1 lifetime posts
Bvrealestate
I was hoping someone could give me some advice. I moved into my house about 6 years ago. At that time I was told approximately where the property line was.

I began caring for the property up to that line and had my neighbors come over and say I was over the line. I tried to be respectful and for the last couple of years we have had a pretty consistent "mow line"

They do encroach, however. We live along a creek and as such get wild animals in our yards. I have a ground hog who lives under my shed and there have been possoms and the like. I feel that these animals have to live somewhere and that living on the creek naturally means we are going to get them. They have felt the need to come onto my property and trap (humane trap) the animals and have the city take them to be released.

We do have different approaches to gardening. They hire a lawn service and I do not. In consequence my lawn does have some weeds in it. I just don't like all those chemicals and prefer to use a more natural approach. My lawn is well kept, however.

The problem is this year. I noticed that the neighbors were violating our "mow line" and mowing about 5 feet further in to my property (as near as I can see, about 5 feet of my property) Now the neighbor tells me he is going to put up flags to tell the chemical company to spray closer to my property line and even over it (by those 5 feet)

How do I defend myself? I do not want to have poor relations with these neighbors but at the same time I need to defend myself. I am a single female and as such maybe they feel they can push me around. I have contacted a surveyer but would really prefer not to go to the expense and would that really take care of the problem? We are both in posession of plat maps and the lines are pretty clear using landmarks visible on the maps. Do I need to have my attorney go after them?

I should add that both of our properties are seperated by about 20 feet of city property. There was supposed to be a road built and it never was. The neighbor treats this property as his and plants trees, etc. on it. He also has appropriated a lot that belongs to someone else but has no access to it.

What do I do? I just want him to stay off my property.

Marie

tomh

07:52AM | 05/18/04
Member Since: 07/01/03
550 lifetime posts
Forget the attorney for now and get the property line surveyed and staked. Let the neighbors know what you are doing and ask if they would like to participate in half the cost. Its entirely their decision whether or not to participate, so, no pressure. The money you spend on a surveyor will be MUCH less than an attorney, and you can't get anywhere legally without it anyway. Once the property line is flagged, the dispute should be resolved. If not, add a fence. The money is well spent if this souce of conflict is resolved. Remember the survey may not be what you expected. It is an objective determination and marking of the legal property line. Your neigbor is entitled to contract for a survey to accomplish the same thing. Chances are, they will simply acknowledge the line as determined by a surveyor.

If the city property is an easement on you or your neighbors property, the use restrictions are in the deed. The property owner with the easement has all rights to use provided the easement owner (city) can exercise their rights on demand. If the right of way is owned outright by the city, someone needs to maintain it, and it might as well be the neighbor. If no road is ever to be built, you might consider making an offer to buy the right of way from the city if you want to exercise ownership rights. If the right of way is an easement on your property, ask your county recorder how to remove the easement from the deed or alter restrictions so you can make better use of the property.
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