Property Line Question
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Fleet Mechanic
Joined: Jul 2000
Posts: 1,493
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From: SE Iowa
Property Line Question
Okay, my lovely neighbor just planted a row of shrubs/trees near the property line. The line was surveyed last summer, and the idiot still planted them on my side. In his defense, he's retired and probably couldn't see straight enough to eyeball a staight line.
Granted its only by less than a foot, but does this "living fence" fall under the same standard as say a barbed wire or picket fence. What I mean is, if he would put up an actual fence on my side, that land becomes his after 10 years if I dont dispute it. If this living fence doesn't fall under that category, I may just leave them, as they do look nice. However if it does, I will get him to replant them.
I'm still young enough at being a home owner, I dont understand all the old property rules.
Granted its only by less than a foot, but does this "living fence" fall under the same standard as say a barbed wire or picket fence. What I mean is, if he would put up an actual fence on my side, that land becomes his after 10 years if I dont dispute it. If this living fence doesn't fall under that category, I may just leave them, as they do look nice. However if it does, I will get him to replant them.
I'm still young enough at being a home owner, I dont understand all the old property rules.
Government Teat-sucker
Joined: Oct 2003
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From: Virginia Beach
if he would put up an actual fence on my side, that land becomes his after 10 years if I dont dispute it
Posting Guru
Joined: Sep 2003
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From: Valley of the Sun AZ
As you stated he is an older person. He may have eroded and planted them where he thought the line divides the property. I would get the lines from the surveyor’s office and then show him where they need to be. If he does not move, you have new plants or you can tear them out. Here in AZ if you put the wall on your property it is still your property, but the neighbors cannot touch it. That is why they are planted right along the dividing line for the borders.
Hope it works out for you.
Hope it works out for you.
Postmaster
Joined: Sep 2006
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From: Clearwater, Fl
Originally Posted by stu37d
I would be willing to bet that this particular law is not valid any more. Check with the state and/ or county to be sure, but I think the old squatter's rights regarding property lines don't apply, since there are records of the survey- somewhere.
Fleet Mechanic
Joined: Feb 2004
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From: CA Central Coast
Originally Posted by stu37d
I would be willing to bet that this particular law is not valid any more. Check with the state and/ or county to be sure, but I think the old squatter's rights regarding property lines don't apply, since there are records of the survey- somewhere.
No sense stirring up bad feelings that could lead to more conflict. If he ever goes to sell the property, be sure to hand a copy of the letter to the realtor.
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Elder User
Joined: Jun 2003
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From: Ventura CA
Have a licensed surveyor mark the property line and corners with monuments and give you a Record of Survey map. Make a copy and send it registered mail (with reciept) with a letter explaining the situation. Keep a copy of the letter and mail reciept. This will show that you gave constructive notice if there's ever a problem in the future.
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Posting Guru
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i bought a house within the last two years and i paid to have a survey done and the borders marked. My next door neighbors are wonderful, and they actually mow part of my property like it is their own. I only had it marked in case one of us sells. They also paid tor two trees to come down that was actually on my side during the winter, when the trees began to fall.we know where the lines are and i dont mind her using part of mine or her minding my dogs or us on hers.. we do have it marked tho so we know whos is whols... id make sure your neighbor knows where the line is and have it marked. if you like the bushes and they do no harm to the yard leave em but make sure that he knows he put em on your side
Posting Guru
Joined: Dec 2004
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From: Connecticut
Around here the variance changes from town to town and even then backing to undeveloped land might play a part.
Some you have to be back 18 inches off the property line others it's 36 inches. The 36 inch rule is if there is any undeveloped property behind the 2 residents. This leaves the availability to insert a driveway.
From the road. It can not be any closer to the road then 10 feet from the curb and no more then 2 feet high.
This all tosses out my thought of building a 50 foot high wall and moat around my castle.
Some you have to be back 18 inches off the property line others it's 36 inches. The 36 inch rule is if there is any undeveloped property behind the 2 residents. This leaves the availability to insert a driveway.
From the road. It can not be any closer to the road then 10 feet from the curb and no more then 2 feet high.
This all tosses out my thought of building a 50 foot high wall and moat around my castle.
Posting Guru
Joined: Jul 2005
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From: Southeastern Indiana
Originally Posted by stu37d
I would be willing to bet that this particular law is not valid any more. Check with the state and/ or county to be sure, but I think the old squatter's rights regarding property lines don't apply, since there are records of the survey- somewhere.
Last edited by rangerfan; Jul 11, 2007 at 06:17 PM.
Elder User
Joined: Mar 2007
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From: SouthWest Ga.
Originally Posted by rangerfan
That is correct. No longer valid. It's pretty much an urban myth.
Post Fiend
Joined: Jun 2002
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From: Atlanta GA
Where I live in GA, you squat for 20 years you own it. The person I bought the house from squatted on other's land by a good few feet with his fence as he went around trees. Four feet in one spot. I gave it back.
> Still, it may be worth it to send a friendly letter giving him revocable permission
> to use your lands for the flower bed.
That is what I did with my neighbor for our common bushes. He has written permission to come once a month on my land on Saturdays and trim them to his hearts content. I pick up the stuff afterwards. He likes the nice tall trimmed bushes, I would like a fence instead on the property line so I wouldn't have to cut them.
I compromised.
I would suggest you do the same with your elderly neighbor. Maybe clearly mark the lines with a string between stakes and maybe help him replant them along the proper line.
> I'm still young enough at being a home owner, I dont understand all the old property rules.
My lawyers (I have hired a few) are always willing to explain it at $300 per hour
Sometimes that is what you need 
I would defer to the elderly man and just assume he got lost planting them due to age and heat stroke and respectfully and quietly fix the problem even if it meant helping him replant them.
> Still, it may be worth it to send a friendly letter giving him revocable permission
> to use your lands for the flower bed.
That is what I did with my neighbor for our common bushes. He has written permission to come once a month on my land on Saturdays and trim them to his hearts content. I pick up the stuff afterwards. He likes the nice tall trimmed bushes, I would like a fence instead on the property line so I wouldn't have to cut them.
I compromised.
I would suggest you do the same with your elderly neighbor. Maybe clearly mark the lines with a string between stakes and maybe help him replant them along the proper line.
> I'm still young enough at being a home owner, I dont understand all the old property rules.
My lawyers (I have hired a few) are always willing to explain it at $300 per hour
Sometimes that is what you need I would defer to the elderly man and just assume he got lost planting them due to age and heat stroke and respectfully and quietly fix the problem even if it meant helping him replant them.
Postmaster
Joined: Aug 2004
Posts: 4,004
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From: North of Boston MA
Do a search for "Adverse Posession" and you will be surprised how easy it is in some states to take someone else's land simply by occupying it for a certain amount of time. It could be done by planting bushes across the property line, maintaining the property he is encroaching on and you doing nothing about it for whatever period of time your state has in it's law.
One solution, as was mentioned already, is to send him a letter giving him permission to use that portion of the land with you retaining the right to revoke the permission at any time. Have him sign a copy for your records. You could also rent it to him for a dollar a year. All you have to do is make an effort to control your property and be able to prove you did so. In some states you could record a letter with your registry of deeds as an "Action to Prevent Claim of Adverse Posession". Properly executed, this would restart the clock on adverse posession.
The key is to do it correctly and legally to protect your rights to the property. It is also good to know that the clock continues to run if the guy sells the property so it is best to take care of this now with the old guy than to fight it out with future owners.
Talk to a lawyer if the guy won't sign an agreement to never pursue adverse posession.
Here is some good information. http://www.lectlaw.com/files/lat06.htm
Good luck.
One solution, as was mentioned already, is to send him a letter giving him permission to use that portion of the land with you retaining the right to revoke the permission at any time. Have him sign a copy for your records. You could also rent it to him for a dollar a year. All you have to do is make an effort to control your property and be able to prove you did so. In some states you could record a letter with your registry of deeds as an "Action to Prevent Claim of Adverse Posession". Properly executed, this would restart the clock on adverse posession.
The key is to do it correctly and legally to protect your rights to the property. It is also good to know that the clock continues to run if the guy sells the property so it is best to take care of this now with the old guy than to fight it out with future owners.
Talk to a lawyer if the guy won't sign an agreement to never pursue adverse posession.
Here is some good information. http://www.lectlaw.com/files/lat06.htm
Good luck.
Last edited by Nitramjr; Jul 12, 2007 at 07:01 AM.