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#1
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Neighbor Property Line Problem.
This problem has been going on for years.Ive been hesitant about getting firm. Ive asked him nicely at least 3 times.I've had my property surveyed twice in 5 yrs by a very accurate surveyor. It involves my home owners insurance company saying there are liability issues if my neighbor continues to mow grass on my side of the line and gets hurt. Neighbor does this, it seems like because of the steep incline on his side.my side is less of and incline.He goes down his side and comes up my side. He has almost rolled his small lawn tractor at least once where I had to help him. Also after talking to an attorney he stated there is a law in Pa. about adverse possession. Neighbor could be mowing to try and possess this strip of land. I dont know. He has been a 'taker' for years never a giver,a little harsh but true. He isnt talking. Last Saturday I told him in no uncertain terms to stay off my property. He got huffy and smart saying he will get township supervisor over I said good I already talked to him. I have code enforcement officer coming Monday. I have my detailed reasons about a fence.This is a civil matter. Also his trees and bushes are 6ft onto my property which insurance company said are also liability issues. A fence has to be 2ft away from line. A wall does not,but expensive. A retired judge told me No Trespassing signs will not work. I though about 2ft to 3ft rocks as lawn ornaments. Anything I'm not seeing or thinking straight about? After my wife passed away 2 yrs ago I've been grieving then this issue. Thank you.
Last edited by sdbob; 04-28-2024 at 06:39 AM. Reason: Add words |
#2
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Post Warning Signs
You cannot enforce common sense.
Post no trespassing signs all around your property lines and you might have to have custom signs made stating that failure to heed posted warnings may result in injury or death. Take a video and or images once the signs are posted. If you are neighbor trespasses by mowing, and/or acting with careless disregard for their personal safety - take images/video of the activity and file a criminal trespassing complaint with the local law enforcement. Jim
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#3
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Why don’t you just mow 5 ft on his side?
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#4
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I run into this often. I’m the zoning administrator for a small rural town, up the road from my town. It’s AMAZING to me how many people buy property and assume what is or isn’t their lot line, instead of getting a survey done.
Anyway, as much of a pain and the expense is, I would go and put that fence or wall up. It IS a civil matter here, so the town won’t really get involved. For now, until you get a fence or wall up, I would post the no trespassing signs and take a picture of them posted, even though they obviously won’t work, but show that you attempted. I would also simply call the police every time it happens for the same reason-documentation.
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#5
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I had the identical problem. The neighbors were so stupid that even with steel concrete form stakes at the marker pins they continued to mow over on my side. I had the police out there more than once, sometimes it got quite loud. I had to paint the concrete form stakes white, as they ran over them when they were rust colored.
Ended up that we quit speaking, for years, this past year the drunk, doper, live in boyfriend died of complications from alcholism, likely liver failure. The womans son is just as stupid and did the same thing as the live in boyfriend did. I've since moved, and now rent the home on a land contract. If mortgage rates ever get reasonable again, I'll be rid of the albatross. Get the police involved would be my suggestion, although the only thing that remedied my situation was me, moving away. At least when you call the police there is a report filed, and if it ever ends up in court, you have documentation. The police can also trespass him from your property, and arrest him once he is served if he fails to stay off of your land. I would also video tape him when he brings the lawnmower on your property, you can likely do it from inside the house, if you don't want to confront him. With the invention of cell phones having a camera to document everything is fairly easy, if it goes to court, you have video to back you up. This wasn't the only problem I had with these neighbors, they also sold dope from the house for years. The local village cops looked the other way when I reported it. Sometimes you ask yourself, why is it the bad actors seem to get away with outrageous behavior............. Funny thing is since moving out in the country with 4 acres, and virtually no neighbors, I still have trespassing problems. The creek behind my house is partially on my property, and I have ATV riders constantly driving up the creek during good weather, at all times of the day, and night. I'm working on some solutions for this problem currently. My house is about 100 feet from the creek bed, so we hear the coming before we see them. You should see some of the looks of entitlement I get from ATV riders when I confront them, and tell them they're trespassing on my property. I traded one problem, for another................. Not sure how the law reads in PA, as I no longer live there, but in Ohio, if you mow the property for 21 years, and you also have to pay the property taxes too. This is the only way property can change hands in exchange for grounds maintenance. As long as the deeded owner still pays the taxes on the land in question, no one else can claim it. You'll have to do some research on PA laws to confirm where you stand. |
#6
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Ask your insurance company for the remedy that would satisfy them as for liability issues. I believe you are free to remove any plants or trees infringing on your side of the property line. Maybe tire spikes placed on the line or just inside of it would keep him from mowing on your side and not be too expensive. Also maybe a strip on gravel along your side of the line would kill the adverse possession claim as he could not say he was maintaining the lawn there if there was no lawn to maintain and his mower would not like running through gravel. There seems like there is always one neighbor who has to be a PIA as that has been my experience in three different houses that I have owned.
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#7
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I have an area where neighbor used as a turnaround.
Even tho police told him he was trespassing this continued. I didnt want to fence that area,so laid down some utility poles. He even called code enforcement,told them it was an eyesore(yea but it stops everyone from driving there). Survey must be based off the pins first set,not what the latest equipment says.
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#8
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Calling the police might not change the idiotic behavior, but it documents it if it ever goes to court. The one extreme is you do or say nothing, the other is you show you went to great lengths to prevent it. This can make a difference in court, so you want documentation.
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‘63 LeMans- ‘69 400 w/ original transaxle. 2.69 gears. ‘55 Catalina ‘62 Mercury Meteor-all original, bought new by my grandfather 71' GTO -original 400/4-speed/3.23 posi 13.95 @ 102.1 on street tires @ 4055lbs.-now my sons ride |
#9
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I had to put boulders on my property line then a privacy fence. Neighbor was trying that adverse possession crap. fortunately i was able to put the fence right on the property line but i went 2 inches to my side.
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#10
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I like the gravel idea, maybe tastefully accented with some boulders or big rocks.
K
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#11
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Get Survey Recorded
Record your land survey at the
county or wherever official records where you live are kept. Update your land title to reflect the survey and record the update. If you post notice not to trespass as I previously commented and document trespass incidents as criminal - the burden of proof falls on your neighbor to establish property ownership to avoid criminal prosecution. I wouldn't put any barriers or impedances to their access - if your neighbor injures themself while trespassing - they can claim the injuries were caused by your malicious intent - let law enforcement handle it. Jim
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#12
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Record your land survey at the
county or wherever official records where you live are kept. Update your land title to reflect the survey and record the update. Yep, first thing is to get your property lines recorded and entrenched in the local government. After that, technically a stake and strings should suffice for a barrier legally. I'd put a camera out there that watches the property line 24/7 and records it on something like a rolling 7 day loop. Lay a line of medium size stones that he would have to move to get around, or concrete building blocks .... anything where he would have to make a physical effort on your property to remove and you would have a recording of it. At that point you could pursue a criminal judgement against him for property damage, trespass etc. Bear in mind the Police will do nothing unless you personally press charges.
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#13
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You need to do what auto shops do. Put up a sign on your side of the property that says due to insurance regulations entry upon on your property is forbidden. Send him a certified letter that says you and your insurance company bears no responsibility if he is hurt whilst on your property. Then, let him cut all the grass he wants to. As to adverse possession that has no bearing or relevance in this case. If YOU know he is cutting your grass then he cannot claim anything. That law is more for someone taking care of a derelict property over many years, without the owners knowledge. There is a min time something like 20 yrs? at that time the person taking care of things can stake a claim.
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#14
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Thanks guys gave me ideas that I hadn't thought about.
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#15
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They guy mows some of your lawn periodically? This is the softest "neighbor from hell" story that I've heard.
The guy that lives behind me, now - I can tell some stories. There's going to be another battle in the war soon: every few years, I have to trim the trees on our property line that grow over my fence.
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#16
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I talked to my insurance agent last Wednesday personally. (Co has been very prompt in paying wind damage,and slight flooding all fixed). Agent said there isnt anything written to show neighbor that what I said is true. I thought that was strange. My surveyor did send me an updated survey recorded in county.ive had stuff missing from behind my big garage. I'd say where did that go maybe I used it. One day I came home from work about 5 yrs ago. Neighbor I took that roll of concrete wire you had for my driveway. How much do you want? I said something not now, I know I should have. He has borrowed ladders,steel scaffolding ,etc. My father and I were always trying to help people. Now when I want something I'm getting the cold shoulder. So my Italian Irish is firm. I just want no drama.i. thinking the 2 to 3ft rocks and trimming bushes and trees back to line. I do no want to trim on his side, pine trees in road.this is about 208ft. Thanks guys. I just needed a 'banking board's. Code enforcement officer said he had neighbor problems,they were resolved,when the guy died. He is coming this afternoon.
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#17
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Move
You - like all of us - have a limited
amount of time left here. Do you really want to use it dealing with this this issue ? If you are not willing to post signs and let it go at that - perhaps you should consider moving somewhere else and selling or renting your home. Yes - " You shouldn't have to " .... But this seems to be something that is part of perhaps a larger issue that has no other satisfactory resolution for you. Jim
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#18
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I helped build this home. I physically pull water out of the well to help my dad lay the block. 2 fireplaces that I helped lay. So I have attachment that money cant buy. I'm going deal with the issue without trouble.
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#19
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Fences make good neighbors
Quote:
I have an acre just outside the city limits of a once small town in Texas. The town has built up around me and so have the city folks. My neighbors to the right side of me used to be nice people and we got along. They are from a big city is south Texas. They have crape myrtles planted on the property line and they encroach on my side and make a hell of a mess on my side of the property. They have been there for ten years now and have never trimmed them. I just let it go as they are not really bothering me. If they start to rub on my carport I will trim them. two years ago I had a dumpster dropped on my side of the property close to the line. In doing so the dumpster broke one of the branches on their Crape Tree. No Pund. The wife next door went ballistic and started yelling at me calling me an ass hole and said other things I cannot repeat. Said I should have told them to trim their trees back. The nerve. They are grown adults and should manage their trees if they don't want encroaching branches' broken. Now we are on a different foot with these neighbors. The old guy on the other side died about a year ago. The family sold the house to people from the city that have never lived in the country. The other day they were talking about building a fence and hooking it to mine. I had to politely inform them that my fence was not built out to the property line and they could not attach their fence to mine. They are used to being in the city where the fences are pushed to the lines. Point to all this is people are living in their own little world and think they have the right and really don't know any better. I now will have to re-think my fence and will be putting it up to the property line back 6 inches to avoid future problems with them. Good fences make good neighbors. The saying is true. Sometimes you have to build a fence before they do to keep it legal so to speak. I think you will have to bite the bullet and put up a good fence on that side whether it be cinder block, metal poles and wood, chain linked or an electric fence if you had say a couple of Goats on your property. Pund intended. I think that is the only thing that is going to make you happy in this situation. Good luck fellow GTO enthusiast. hope this works out for you.
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#20
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Plant poison ivy on your property.
It’s good to have around for other things too.
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