The best thing to do (in my opinion) would be to verify your property lines and offer nicely to help move the offending bushes off of the property line. There's no need to get lawyers and local government involved. If he tells you to take a hike, then there are always the earlier suggestions of putting up a fence to protect your new bushes of just keep them "trimmed" with your lawnmower.

Unless the neighbor is just a total butthead, he shouldn't have a problem with moving the bushes if asked nicely and respectfully. A goof like that could be embarassing for him. Try the "nice" methods first, even though the "not nice" methods are alot more fun.

 

If you just had a survey, it should be easy to stretch a wire along the line. Do that and show it to your neighbor. Nicely let him know that the shrubs are yours unless he wants to move them.

 

What does it cost to have a survey done? I heard it is around a couple thousand.. Seems a bit steep for what you get..

I wanted to have it done, but have not looked into it..

Don't have a couple grand to blow on it..

 

I agree, and then normal prop survey for residential is around 3-5 hundred.

 

Yes, the cost varies a lot depending on how well marked the area is. If there are lots of markers and you are in a regular development it should be very reasonable. I could just be a matter of locating markers that are already there but buried.

But let them know that all you are interested in is having property corners marked it's less than a "survey" because then they measure elevations etc.

 

How much a lot costs to have surveyed can vary incredibly depending on where you are, how big the lot is, how many sides, how your land is described in the deed, how old the subdivision is and how well the area is monumented. It can even vary greatly from street to street and development to development. In older parts of the country such as New England, lots were quite often bounded by trees, wooden posts and stone walls that aren't there anymore. Those get interesting.

Your best bet if you want to have your lot surveyed is to talk to a surveyor that does a lot of surveys in your town since they will have the most records. Don't rely merely on fence posts, pipes, rebar, stakes, etc. unless you are certain they were set by a registered surveyor. There are a lot of folks out there doing surveys on the side who are clueless. Even if they are experienced, if they aren't licensed and there is a dispute, that "survey" is worthless.

Another factor in the price is what you want from the surveyor. Just setting corners, a certified plan without the boundaries set, a topographic plan, etc.

Plan on spending at least a few hundred to a couple thousand.

 

Sorry guys, I wrote this the same day I was leaving for the Chicago burbs to visit my brother. Thanks for the links! That was added to my favorites folder first thing!
The surveying cost me nothing as it was the property behind us that was being surveyed. By chance, they went ahead and marked all the existing rods thru our property. Both of us have been involved when they stopped to let us know what they were doing and why.
I will be headed off to the court house tomorrow to see what the provisions are to see if a row of plants counts toward adverse possession. I will post my findings when I can.
Thanks again to all!

P.S. The guy is in his late 70s, so I can understand it if he mistakenly planted in the wrong spot. If it turns out that he can claim my property with this, then I will have a chat with him or send a letter. We get along okay, but we've had our share of disagreements as well.

 

Very interesting stuff. Got me curious about whether this adverse possesion exsists in Canada. It does. Here in Alberta the court can order you to give up claim to your land BUT the other party must pay what ever the court deems market value for said property. Apparently this is a very hard sell to Alberta courts unless a landowner has allowed buildings to be erected by a squatter and occupied for more than 10 years. Amazing what one learns on FTE!!!

 

Adverse Possession (you might also check under "Quiet Title" or "Quit Claim") is no myth and is very much "still on the books" in most states but the time period varies (I think it's seven years in PA). The law basically means if your neighbor mows or otherwise takes care of your property for the specified time limit and you make no effort to maintain or otherwise claim the land as your own they can file for ownership (at which time you would have the opportunity to dispute their claim).

A very simple and free way to prevent this is simply to document periodic "maintenance" of the property (such as weeding, mowing, spraying, snow shoveling, etc.) Keep a written & photographic record & have a witness sign it. Even once a year or so will suffice.

There are many older properties with buildings that "encroach" onto neighboring properties, and this usually never becomes an issue unless your neighbor is misguided or ignorant of how silly they would appear not granting you an easement if requested.

PS: I'm not a lawyer so use my free advice at your own risk!!

 

Well, the people at the courthouse didnt even want to talk to me about it. I kept asking questions, and they kept skirting them. Best I could tell, maybe they thought I was going to try to "steal" some property. Either way, I will just have to wait until I have time to get ahold of a surveyor.
Thanks for all the help.

 

The bureaucrats at the court house won't tell you much because they are afraid of being accused of giving 'legal advice.'

 

More likely they just don't know the answers. I give them credit for not pretending to know the answer or just guessing and steering the guy in the wrong direction.

 

In NJ there is also a law that allows a property owner to trim any vegatation that grows over the property line. You may have that statute also. Simply trim the excess growth and leave the rest to grow on his side of the line.