# Property Line Situation



## wombatcat (Mar 29, 2005)

Well, first a little background. DH and I moved to our 15 acres in 2000, and one of the main reasons that we selected that particular run-down shack was that it was very much in the "middle of nowhere" and that was my dream. Woods and cornfields surrounded us, with one neighbor a quarter of a mile away and that was the entire neighborhood. 

Then, in 2003, the farmer that owned the cornfields sold 10 acres to this guy and his wife. Lucky us, the 10 acres that were sold butt right up to our property. Not only that, but the guy chose to put his double wide etc just as close to our property as could be imagined. Several people stopped by during the excavation just to say "I can't believe this!"

Being as the land had already been sold by the time we learned about it, we really had no choice but to grin and bear it. We've tried to be good neighbors. But they have clearly moved to the wrong place, because they don't like anything we do! Some of their complaints are justified, like the time I left our dog outside (warm summer night) and didn't realize that I couldn't hear her barking outside when I was in the bedroom. But they have also complained about the roosters crowing, the length of the grass, and the guineas (in another attempt to try to be good neighbors, when the guineas were eaten by a predator, we opted not to get more because we knew they disturbed the neighbor). It appears that the more we try to make them happy, the more they complain. They called one night at 9:30pm and asked us to put the dogs inside because they (the neighbors) were out in their yard and the dogs were barking at them (remember they are only feet away from our house now)--ok, we put the dogs away. Then the next night they called at 8pm and asked us to put the dogs away for the same reason. It's gotten to where we are afraid to leave the dogs outside unsupervised, for fear of being bad neighbors. 

We now chain up our dogs because they have asked us to. We are afraid to complain about their cat that comes into our yard at will because we are afraid the cat would be killed if we did. 

Last fall they complained to the county about (I'm not even sure) the way rain water ran off from our driveway into the street(?) (I'm still not even sure what the exact problem was). The county told us that it was the neighbors that "suggested" an "improvement" and that it would make things better for everyone at no cost to us. The county came and made a holy mess out of the bottom of our driveway in an effort to please these people....now there's a big mudhole there that extends 1/3 of the way into the road....that really fixed the "erosion" problem. Oh--and I didn't mention that they did not opt to discuss the "erosion" with us before going to the county. Oh--and did I mention that the wife works for the county?

I still want to be as good a neighbor as I am able. But frankly, I'm getting fed up with trying to please them. We have never complained about anything to them, as we prefer to "live and let live". Not even the fact that we believed that their driveway was way too close to our property line--why make a big deal out of something......

About a month ago, he (the husband) notified me that he was going to have his land surveyed so that he could put up a better fence than the one we had put up. (The fence we had put up was just T posts & chicken wire, and we made sure it was quite a ways away from where we thought the property line was, in order to avoid any type of dispute or complaint...) Fine, whatever.....put up your fence....

Now. Surprisingly (or not), his efforts have led him to an embarrassing conclusion: the property line is not where he thought it was. His tool shed is sitting smack dab on the property line. His propane tank is on our property, as is his electric service. The distance between the edge of his driveway and the property line is about 1 inch. Really.

So they called me out tonite to "talk" about this. I really didn't know what to say, since they were the ones wanting to be precise about the boundaries....I told them that I/we wanted to be good neighbors. So right away they suggested that we do something called a "line adjustment" where the property line(s) are redrawn but no money changes hands. But the fast way they suggested that made me instantly cautious, because of the driveway thing--"Oh yeah, it's going to be better for everyone...." and really....nobody can even drive down the road without worrying now.....

I want to be a good neighbor (despite my frustration it's not my nature to be very spiteful), but I feel like they're asking me/us to give them some land because they messed up. And they haven't exactly made me feel excited about doing that. On the other hand...."do unto others as you would have them do unto you...." And I know we aren't the best neighbors. DH has struggled with mental illness during this time and I have been working 2 jobs to make ends meet. I have not told the neighbors why our yard is a mess or why we can't afford to fix (whatever), because DH's issues are private, so I'm sure they just think we've turned into the trashy people from that other post  I don't know......I'm not sure I'd really want to live smack dab next to us either.....but of course I wouldn't move next to us to begin with :grin:

I'm sure some of you have thoughts on this or similar experiences....We don't have the money to get an attorney, and I don't like to make waves anyhow....but I don't want make a bad decision in an effort to be a good neighbor, either.....


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## farmwoman59 (Aug 7, 2008)

Hey, with the grief they've already caused you, there isn't any way I'd "give" them free land. They screwed up - let them fix it!


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## Molly Mckee (Jul 8, 2006)

Friends of ours did a property line adjustment and lost over an acre. Wasn't supposed to cost them anything but the only adjustment that got filed was to the neighbors property. IMO if you can't have a lawyer to go over everything, I wouldn't do it. Our friends were the nice guys, lost their ag classification and have an illegal sized property now. It's a real mess and costing them plenty.


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## Sawmill Jim (Dec 5, 2008)

You are much better than me i would done gave them an attitude adjustment:bash:

Tell them to drag their tail to the other end of the property or State which ever they chose :grumble:


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## Just Little Me (Aug 9, 2007)

I would have it checked really close. A friend did an adjustment and it shorted her property to the point that when they had a fire, they did not have the right yardage to meet the rebuild law.


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## InvalidID (Feb 18, 2011)

They want you to do a redraw? HAHAHAHA... No dice if it were me. Tell to move it or lose it. Add to that you'd like your driveway fixed...lol.


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## mama2littleman (Nov 8, 2004)

InvalidID said:


> They want you to do a redraw? HAHAHAHA... No dice if it were me. Tell to move it or lose it. Add to that you'd like your driveway fixed...lol.


I'm gonna agree with this one.

It would be one thing if they had been decent neighbors throughout this, but they haven't. 

Sorry Karma is a cruel mistress.

Nikki


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## kasilofhome (Feb 10, 2005)

My thoughts--you bought your land and you stayed within your boundrys. Now they pushed and learned that they are not. Do not do a line adjustment. Let them know that this is a legal issue and it needs to be handle and that you will need time to seek out all the options. 


Just because the survey was being done for a fence does not mean that it is not to prepare to sell the land. Thus the need for the neigbor to quickly tidy up the issue. Sorry wait and get more infor. 

Now, if they are not selling and just want a fence then they might not be so snarky to you or................... it may get worse because they can not control you. No they need the line adjustment you do not. You need to enjoy your land. This is a long term deal. the conaqueses are permenet.


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## Travis in Louisiana (May 14, 2002)

I would have told them, "You bought ten acres, but yet moved right on the property line and right on top of us. Nope, I am not redrawing nothing!" If I was you, I'd get a lawyer involved.


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## Guest (May 7, 2011)

Being a good neighbor ain't helped you so far. Learn from that.


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## Shygal (May 26, 2003)

Why on earth are you bending over backwards for these people??? Keep your dogs outside when you want, mow your grass when you want, get guineas again, etc , yeesh, that would be the day I would put up with what they are doing.


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## TxHorseMom (Feb 21, 2011)

I understand wanting to be a good neighbor. That's part of the reason I moved out to the middle of nowhere. I was tired of being the "good" neighbor. That being said, I think it's time you stood up for yourself. I definately would NOT do the line extension. You can tell them why, or you don't have to. As for your messy yard, well, they can just move further away from you and they don't have to look at it.


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## RedDirt Cowgirl (Sep 21, 2010)

I don't think a line adjustment would be in your best interests. They sound like the "give 'em and inch and they'll take a mile" kind of folks. Don't feel like you have to explain, just say you're not interested. County politics can be tough, but if you can ask the assessor's office for help it seems pretty clear who's in the wrong here. If you have a sheriff's department you might be able to ask for help there too. Ask for a visit from the Deputy Sheriff or Lieutenant. They can at least tell you about your legal rights - maybe there's a proscription against how close they can build next to the line in the first place. Does your county have a "right to farm" regulation?


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## Bearfootfarm (Jul 13, 2006)

You need to stop worrying about making *them* happy and tell them to move thier stuff off YOUR property.

Tell them if they want to "make adjustments, they can give you the tool shed and put up a 7 ft privacy fence on THEIR side of it.

Tell them you will only charge them $100 a month for the utility pole on your land


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## lonelytree (Feb 28, 2008)

Do not agree to anything. Remind them of easements and (like a good neighbor) give them a few months to fix everything. It needs fixed by first snow. "That is not my problem" should be in your next conversation.


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## grannygardner (May 4, 2005)

I'd be telling them to get their propane tank and electrical service off my property and that there would be no "line adjustment". I'd also find out how far from the property line his tool shed should be and tell him to move it. When they balked at that I'd offer to sell them a 20 foot strip of land for a price that is ridiculously high. No one gave you the land you're on so why should you give them anything? In my opinion you've already been too lenient with them.


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## gwithrow (Feb 5, 2005)

if they bought the property without first having it surveyed, then it is all their problem...do not budge and do NOT give them a foot..this only leads to other issues....now if you want to sell your whole property to them that is another thing...do NOT sell them a foot either, it will only cause you grief later...you already have enough, but the problem is theirs and they need to move their stuff and acknowledge that this is their error....


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## Alice In TX/MO (May 10, 2002)

Offer them a low ball price for their ten acres. Creep the price up slowly to market price if necessary.

You need the buffer of the land they are on.

They have NO legal standing for any of their requests, especially a property line adjustment.

Being the nice guy is getting you screwed.


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## chickenista (Mar 24, 2007)

I agree with everyone else!
It is not a matter of vengeance, but right is right.
You may find that they broke a few regulations by building so close to your property line to begin with. In many counties there are rules about the distances between houses etc..

They should move the shed, have the electric come out and move the line etc.. but be very supportive of a better fence and suggest a 12 ft solid concrete, 3 foot thick one.


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## 7thswan (Nov 18, 2008)

NO Way would I comply with these people. This is a Huge warning for others-Make sure to protect your property lines. I've had to do it with Every single piece of property we've owned. The worst is lakefront land-each foot of waters edge is worth Big bucks. Do not let these people Bully you!


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## tinknal (May 21, 2004)

I would tell them to buy you 10 acres from the farmer on the opposite side of you, deed it over to you, and then they can redraw the line.


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## pheasantplucker (Feb 20, 2007)

Do not agree to giving away anything that is yours. Tell them you'll allow them to keep their shed on your property and electric service, propane, etc. provided they quit being a pain. You now hold the trump card. Don't give it away. You'll regret it.


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## Jennifer L. (May 10, 2002)

I agree with everyone else. This problem is 100% of their making. Nothing to do with you at all. Everything that they have on you is moveable and it's going to cost them, but that's what happens when you push the property line and you didn't survey. Tough on them. 

Something else to remember: You're trying to be nice and in the back of your mind you think that you'll come to some level place with them where they settle down and become good neighbors and not bother you any more. THIS WILL NEVER HAPPEN. This is just one in a line of botherations that they are perpetrating on you. Figure that if you give on this thing (or, even if you don't) there's going to be something else next week, next month, next year that's going to be another pain for you to have to deal with. It's not going to end with this, it's just the kind of people they are.

Do NOT agree to a line adjustment. 

If you can't help it and want to keep being nice (and I wish you were my neighbors because you sound WONDERFUL), then ask them to pay at the very least the same amount it would cost them to move the electric, shed, etc, plus the value of the land itself. Maybe even double, considering they wedged themselves in on your property line that way. There's no way you're going to get the nice spot back that you picked out for your place because of them, so I sure wouldn't accomodate them.

Hearing this makes me so mad! What is wrong with people that they are so clueless on how they deal with others?

Good luck.

Jennifer


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## Riverdale (Jan 20, 2008)

The next time I would speak to them would be to serve them papers to the civl suit that was just filed.

Stupid should hurt.


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## Kazahleenah (Nov 3, 2004)

No way would I even discuss a line adjustment with those people. They have crapped on you every chance they got so far. Being a good neighbor does NOT mean you have to be a doormat. Tell them no, and give them a time to remove their stuff from your land... mention that they could be billed for the time they used your land. If they blow a snuff, I'd mention how rude and such they had been, giving me NO reason to work with them on this issue.


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## DaniR1968 (May 24, 2008)

Being a good neighbor does not equal being a doormat. Stop trying to please them. I could understand you trying to keep your dogs quiet but mowing your lawn more to please them? No way.

Time to stop being nice. Let your dogs out when you want. Buy more guineas. Let your lawn grow as high as you like. When they complain point out that they moved right on top of you. They had 10 acres they could have used.

Is there any way you could buy their land? Make them an offer. You never know, they might take it. If they're complaining that much, maybe they will have realized by now the country life is not for them. 

If they won't sell, make them move everything that is on your property or on the line. Is their home too close? I know they didn't mention that but it could be. Double check that yourself. 

Good luck


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## Wolf mom (Mar 8, 2005)

Land = money - just try to go buy some. 

They have two choices. Either move their shed, electrical, etc or PAY you for the land - after you get a realtor to tell you what it's worth an acre. (actually, since it's probably depressed now, I'd have them pay you what you bought it for) Then have them put up a 6' fence. I wonder what it would cost them to move all that stuff - and they want you to GIVE them the land??

They certainly have not acted like good neighbors since they moved in. I can understand your financial struggle and the feeling that giving them the land would relieve some stress right now, but guarantee that would be fleeting as they'd just find something else to complain about.

Find out if there's any noise laws where you live. Most say no noise after 10 PM. 

Being nice doesn't seem to be working here. Bullies like to pick on those that are weaker. Time to dig in.


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## Darren (May 10, 2002)

I'd ask how long it will take for them to conform to whatever law exists. Then get some hogs. Being nice has gotten you nowhere. Take the gloves off. If it's legal, I'd set up a target range. 

Around here I sometimes have an issue with varmints at different times at night. It's nothing a 12 gauge can't handle though.


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## Nomad (Dec 19, 2002)

Those people are morons. Did they even notice what you had on your property...roosters, dogs, guineas...before they decided to build right at the line near you? What did they think it was like in the country where you can hear your neighbor's animals for a pretty fair distance some days. They are ignorant and controlling and will take every advantage of you they can. I'm sure they have bullied neighbors everywhere they've lived. You need to live your life the way you did before they got there. YOU were there first. I'm sure they are chewing nails over this boundary issue, but I'm also sure they think you'll cave just as you always have. I think a lawyer might be a good investment. Let him talk to the people. They think they can intimidate you, but that doesn't fly with an attorney. I would be as unaccommodating as possible to those jerks. But then I am a bit radical.

Nomad


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## AngieM2 (May 10, 2002)

Riverdale said:


> The next time I would speak to them would be to serve them papers to the civl suit that was just filed.
> 
> Stupid should hurt.


I really like this answer and idea.


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## FoxyWench (Jan 22, 2010)

i agree with eveyrone else...not ony would i abosulty NOT give them a line adjustment (they serously want you to give them soe of your land for free?! realy?!)
but id also stop being th 'good neighbor" its obviously not working for you as long as your on your property and the county has no land use restrictions its time to stop placating the neghbors and LIVE on YOUR land...i think at this point id buy double the guinnes i had before just because i know it bothers them...
id also let the dogs out whenever the dogs wanted as long as it wasnt going to conflict with any noise ordinances (around here excessive barking before 8am or after 10pm will get you a ticket) id probably buy at least a couple of pigs and put their pen right neer the property line too...if its allowed in your zoning...mostly because i want to raise pigs for bacon, but hey the bonus of annoying them LMAO.

honestly though, youve bent over backwards for these people during an increidbly stressfull time and its got you nothing but annoyance, more frustration and a mud ditch at the end of your driveway...

if they dont like country life, they can move...you do whatever you want with your acerage and tell them they can put their new fence on THEIR property line and that they have *insert however many months* to move their shed and propane tank...or youll have to start charging them for using your land...

or if you want to be nice, you could tell them they can put their fence on their property line BUT continue to use the shed and anything else on your land, but frst they must sign something acnowledging that these items are on YOUR land, they are responsible for all upkeep and it must be done regularly on their dime (our neghbor has part of his shed on our property and when it was falling down and actually almost fell on me he tried to claim since it was also on our land he wanted us to help pay to fix it....so watch your back) and that nothing else will be placed on your property.

i know its always good to try to keep the peace, but in this case they KNOW your "being nice" and are taking advantage...if they want that extra land, make them pay for it if you are willing, but do NOT just give it to them...and absolutly get the local law involved if you have to...
you shouldnt feel bullied in your own home...


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## wy_white_wolf (Oct 14, 2004)

I'd be telling him to forget the line adjustment and be looking for a lawyer. I'd check into the setbacks for all his buildings. His house just may be to close and you'd have him over the literal barrel.

WWW


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## MushCreek (Jan 7, 2008)

I know where I'd build my hog pen.....


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## HOTW (Jul 3, 2007)

wy_white_wolf said:


> I'd be telling him to forget the line adjustment and be looking for a lawyer. I'd check into the setbacks for all his buildings. His house just may be to close and you'd have him over the literal barrel.
> 
> WWW


I was about to suggest this as I read the issue!!LOL GMTA.

Do nto give into these people they are takers not compromisers. They are the ME generation to an X. Tell them to move thier stuff look into the set back for their mobile home and make them move that too if it's over the requirement. They knew you had animals and choose to be near your place so they can live with it. Learn your zoning ,noise , livestock laws to a T and quote them to them if they have a complaint. I would also get on the case of the county about the mudhole its a hazard wiating to turn into a sinkhole.

I would also perhaps consider serving them papers as another poster suggested. I would also look up your survey if its on file with the town and see if they knowingly put their proerty up wrongly if the survey was available for public eyes.

These people are leeches and the reason my DH & I want to get away from people. DH used to think 10-20 acres of land was a good idea I have told him I want at least 40....


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## Sawmill Jim (Dec 5, 2008)

Shucks hook up your lights to your electric pole on your land and your cook stove to the LP tank . Could they been trying to steal this land by adverse possession :flame:

Had a neighbor try to steal a 35 foot strip from me :hysterical::hysterical:
We came to a firm understanding fast five minuets :angel:


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## RedDirt Cowgirl (Sep 21, 2010)

Just allowing someone to cross your property can give them legal rights to an "easement" - more so if you allow them to actually use the ground. You need to contact the county ASAP, that's what they're paid for. Just say "my new neighbor is transgressing on my property." Start making notes of what's already happened and keep it going. (A notebook can help you "put the problem away in a box" and give you some peace of mind, too. Step by step...) Write them a letter saying you have not given them permission to use your property. You can do this for free, and it will pay you back if you do have to get an attorney. 
You and your husband may qualify for legal aid because of his medical crisis, or your local or state bar association may be able to give you a referral - lot's of lawyers do regular pro-bono work, the American Bar Association recommends every lawyer to 50 hours each year. Your cause is just, it's got nothing to do with being nice.



FoxyWench said:


> ...you could tell them they can put their fence on their property line BUT continue to use the shed and anything else on your land, but frst they must sign something acnowledging that these items are on YOUR land, ......


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## Sawmill Jim (Dec 5, 2008)

Originally Posted by FoxyWench 
...you could tell them they can put their fence on their property line BUT continue to use the shed and anything else on your land, but frst they must sign something acnowledging that these items are on YOUR land, ......

Nope thanks for building me a shed :cowboy:


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## bluemoonluck (Oct 28, 2008)

MushCreek said:


> I know where I'd build my hog pen.....


LOLOL

In all the places I've lived, there have been laws regarding how close to a property line someone can build a structure - including a house, shed, etc.

So even if they discovered that the edge of their house was directly on the property line, they'd still be in violation of local code or something, right?

I'd tell them NO.

Then I'd do some research and find out how far from the property line they can legally build a structure.

Provide them (via certified mail) with a copy of any laws pertaining to this, along with notice that they have 30 days to rectify the situation before you seek legal recourse.

And let your dogs out whenever you want!!! Unless there is a noise ordinance, let your dogs bark..... they're the ones who chose to move right next to you after all.


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## Harry Chickpea (Dec 19, 2008)

I see a number of issues, once you get beyond gut reactions.

YOU bought property first and apparently never had a survey done. BIG mistake.

"(The fence we had put up was just T posts & chicken wire, and we made sure it was quite a ways away from where we thought the property line was, in order to avoid any type of dispute or complaint...) "

HUGE HUGE mistake. In Alabama and many other places, if a fence is NOT on the property line, and a survey is done after the fact, the fence can take precedence over the survey as the boundary of the property. You may have already given your land to the neighbors, and neither of you know it yet.

Given your disposition, and the situation, you need to hire a negotiator to work in your best interests. Realistically, a propane tank and electric service can be easily moved. Depending on the shed, that can as well. If the drive comes within an inch, so what?

The advice you have been getting is bound to create a confrontation, blow-up, and escalate the situation. Are you willing to deal with that and live with the aftermath?

Whatever you decide, it needs to be through a third party, in writing, and signed by all.

Although county workers are not representatives of your neighbors, and you really should be dealing directly with the road commissioner on that issue, you might turn things to your advantage.

Here is my reasoning - you really gave up your use of the land past your fence when you installed it. You don't need that land particularly. You DO need a better situation.

As a starting point - consider:
In a written and signed agreement, allowing the use of your land for the period of two years, renewable provided that:
1. Your drive is fixed and the mudhole removed.
2. There be no "nuisance" calls about your animals - period. Do not say "dogs" or be specific. ANY animals you may have. No calls about your property condition either.
3. That any fence be kept up by them alone and with the "good" side facing you if it is a privacy fence.
4. there be a rent of $10 per year payable by check for use of the land. (Required to show you are not transferring the land to them)
5. Failure to abide will void the contract and require removal of all their encroachments within 30 days.
6. The contract is non-transferable and terminates at their sale of the property.

As for how you came up with this, your crazy Uncle Harry told you how to handle this and that if you didn't you would not get anything in his will. If a third party does the negotiating, you all get to rail against crazy Harry.


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## 7thswan (Nov 18, 2008)

pheasant plucker said:


> Do not agree to giving away anything that is yours. Tell them you'll allow them to keep their shed on your property and electric service, propane, etc. provided they quit being a pain. You now hold the trump card. Don't give it away. You'll regret it.


Do Not allow then to keep their stuff on your property-they will take you to court after a certain time has lapsed, and then this becomes an adverse possession lawsuit, then You will lose. Fix this Now. Dh and I believe people do this kind of stuff on purpose.


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## Sumer (May 24, 2003)

nobody can even drive down the road without worrying now.....

I read everything but I dont understand this part about what your neighbor said. How or what is making people worry while driving down the road?


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## davel745 (Feb 2, 2009)

Move your fence to your property line. Take a hold of what is yours. These people arenât good people. Arm yourselves as well as you can. It will come to blows. Bullies always push till they get stopped.

Also tell the sheriff what is going on.

The most important thing is to have your fence moved to your property line as they will take the land by you not using it.

Be nice be firm what is yours stays yours.

Best regards,

Dave.


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## davel745 (Feb 2, 2009)

Move your fence to your property line. Take a hold of what is yours. These people arenât good people. Arm yourselves as well as you can. It will come to blows. Bullies always push till they get stopped.

Also tell the sheriff what is going on.

The most important thing is to have your fence moved to your property line as they will take the land by you not using it.

Be nice be firm what is yours stays yours.

Best regards,

Dave.


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## Joshie (Dec 8, 2008)

You do realize that they continue to take advantage of you because you give in every time, right? There is absolutely nothing you can do to please these people. If it were me, I'd make sure they move their shed, propane tank, and electric service. I'd also check with the county about property set backs. You must stand up for yourself. This sounds like a parent of a child whose parents back down just because they don't like conflict. This is easy in the short term but causes no end to problems in the long term.

Being walked over does not a good neighbor make. There's no way in the world I'd sell them one inch of my property. If you don't stand up for yourself and make them move their stuff they are going to take possession of your property without paying you a cent under adverse possession laws.

You need a copy of the survey. You need a lawyer. Your lawyer may suggest that you get your own survey. Giving in does not make you a good neighbor. Document everything. Keep a record of all incidents and all days. It wouldn't hurt to keep record of the time of day if appropriate.

If the shed is on your property I'd make them remove their stuff out of your shed.


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## KatW (Jul 26, 2002)

I'm with everyone else, you are not being a good neighbor you're being a softy. Find out your legal rights about the property line and then either request they move everything to the proper setbacks on their property or have them either pay a monthly rent for that part of your property or sell them a section of the property (for the average per acre price in your area). Under no circumstances just give them some of your property out of the goodness of you heart, save your charity for people who really need it.


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## Karen (Apr 17, 2002)

Although they don't deserve it, why not just compromise since the ball is in your court for resolution of the entire problem. Offer them a 'truce' in return to the use of your land. A binding written agreement wherein each person agrees to live-and-let-live on their own property.


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## fantasymaker (Aug 28, 2005)

wombatcat said:


> Now. Surprisingly (or not), his efforts have led him to an embarrassing conclusion: the property line is not where he thought it was. His tool shed is sitting smack dab on the property line. His propane tank is on our property, as is his electric service. The distance between the edge of his driveway and the property line is about 1 inch. Really.
> 
> *I want to be a good neighbor* ...


 I bolded that last line in the quote.
I think you SHOULD be a good neighbor its in your nature and you wont be happy with yourself if you don't.

So what to do? View this as a chance for a do-over.
Id be saying something like this.First the carrot,
"Since you have moved here I sensed you just are not very pleaseed with us as neighbors. The whole neighborhood wondered about why you where building so close to us.
Here is what we are going to do.
I will put it in writing that you have 1 year to move everything off our place so long as you move Your house to the farthest part of the property. I think you will be much happier there. "
Then the stick,
" If that doesn't suit you my lawyer tells me that you will have to give us the property that includes where the shed is and it must be squared up to fit a legal size lot.You will lose the drive and house at that point.You will also have to pay for the past years damages and the costs of the legal proceedings and new survey."
Whatcha think neighbor? You have the rest of today (a Saturday ) to decide.


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## Loriann1971 (Sep 1, 2005)

This isn't really a good neighbor/bad neighbor issue on your part. I could have the greatest neighbors in the world living next door, but I am not going to give them any of my property for free. That doesn't make me a bad neighbor. 

You can still be a good neighbor by telling them nicely that no, you won't be giving them any of your land and you would like them to remove their things from your land by X day. 

I wouldn't get into any deals with them, because somehow I think you will get hurt in the end. I would stick to my guns..."This is my land, and I am not giving one inch to you. END OF STORY!"

I am sorry you are going through this. It is never fun to deal with anything like this. It is especially hard when you are an extra nice person and you don't want to step on toes.


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## 7thswan (Nov 18, 2008)

When our new neighbor started building their house, driveway I contacted the Original surveyor that split the land. Your original survey should be able to survey just the Line in question.A judge is far more likely to believe an original survey over a newer one-it gives You more clout. Another thing, Never place a fence directly on a survey line, always place it a couple of inches on your side of the line. Putting it directly on the line-gives each side of the fence- 50% ownership.


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## blufford (Nov 23, 2004)

Have you seen the new survey?


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## Joshie (Dec 8, 2008)

Karen said:


> Although they don't deserve it, why not just compromise since the ball is in your court for resolution of the entire problem. Offer them a 'truce' in return to the use of your land. A binding written agreement wherein each person agrees to live-and-let-live on their own property.


I don't believe an agreement saying that you won't every complain about the other party is enforceable. The OP has given into every demand the neighbors have given. Sounds like the only compromise would be to let the neighbors have control of all of the OP's property. That's not being a good neighbor.


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## Wanda (Dec 19, 2002)

Please read post 39. From the sounds of the original post there was never a survey done for either property.

If this is the case I do not have much sympathy for the original poster. I would not buy a lot or a farm for any price if it was not surveyed.

If the houses are as close as described they BOTH built close to the boundaries. It is just the luck of the draw that the OP wasn't over the line if it had not been surveyed prior to purchase and building there home.


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## Ode (Sep 20, 2006)

What Harry said. Before you run into even more problems with these people.


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## wombatcat (Mar 29, 2005)

Sumer said:


> nobody can even drive down the road without worrying now.....
> 
> I read everything but I dont understand this part about what your neighbor said. How or what is making people worry while driving down the road?


Thanks--actually that is my opinion, because where people used to just be able to drive down the road, now they have to slow down at our driveway in order to miss getting stuck in the mud, or, as is the case today, to miss the dried-up pothole that used to be all mud. The grader has come by and graded the road, but since the bottom of our driveway is now in such a state, the road becomes a mess every time it rains or snows, and then when it dries up, there is a horrible pothole about 5 feet in diameter.


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## Ann-NWIowa (Sep 28, 2002)

Never ever in a million years would I concede a single inch to these people. In fact, I'd be talking to an attorney and asking him to send them a nice polite letter giving them 90 days to correct all their infringements onto your property. If they offer to purchase an easement, I'd say the only way I'd sell is if they buy the entire property for enough to allow you to relocate away from them!! 

I always try to be a good neighbor but I refuse to be a patsy. If anyone walks all over me they will spend a good bit of time picking the thorns out of their feet.


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## Pam6 (Apr 9, 2009)

A friend of mine compromised and gave an easement, in writing filed at court house, in return for peace. The neighbor she gave the easement to called Animal Control last week because her ducks were on the WAY BACK side of their property. The neighbor had pictures of the ducks on their property and Animal Control gave my friend a ticket. Thankfully the judge threw it out! Redrawing the property line will NOT give you peace! Make them move their stuff!


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## wombatcat (Mar 29, 2005)

Thanks everyone for your words of wisdom--this was our first country home. I honestly don't remember if a survey was done before we bought our house or not. I know we didn't do it. Our house has been there since 1917 and the situation with our land bordering the cornfields that were sold had not changed for decades. 

When we bought the house, we were informed that the farmer had about 1500 acres and it had been handed down through generations, so we thought it would stay like that for a few more generations--but didn't anticipate that apparently the farmer had some financial problems.....We went by a combination of what the previous owners said and the fact that if the grassy part actually belonged to the farmer, it'd be corn, not grass....but then when this neighbor put his double wide etc over there, we just figured they HAD to have knowledge of where to put things--I mean--and some of you also alluded to this--would anyone (and although I'm naive, I don't think probably a lot of contractors are?) really put a house/shed/utilities where there was even a hint of a possibility of a dispute later on? I know what happens when you "assume", but that's what we did....we were very naive and I regret that we did not have a survey done originally. And I regret that we did not have that done when it became clear that that land had been sold....I'm learning a lot--not the least of which has been that the next time we buy a house, to have a survey done and make sure there is a "cushion" of land surrounding the house, and to make sure there's more than 15 acres. That seemed like so much when we bought it, but it's clearly not enough.

I know we have tried very hard to please these people. I have always wanted to avoid making other people "miserable" and I always have figured that (as it would be for me) if something I am doing or not doing is driving a neighbor to complain to me about that, then it must be very inconsiderate and needs to stop. I am coming to realize that not everyone operates along those lines. I cannot remember ever complaining to a neighbor about something they have done, except one time when I lived in the city, I asked a next door neighbor to move his dog's kennel from underneath my bedroom window. But by the time I said something, it was really causing me a problem and I wouldn't have brought it up if I felt I had other options. Sometimes it's tough to realize that not everyone thinks that way--especially when I am already feeling bad that we don't have the finances/time for the upkeep that I believe should be happening, and some of the "projects" that DH has started and not finished during his illness are scattered in the yard....so I already feel like since we are not living up to my own expectations of what a house/yard should be like, my neighbors must feel that way too....I was already pretty much at the point of "nothing is ever going to please these people and they are getting to be unreasonable", but a lot of your comments did help, too.

...and a lot of you made some very valid points about the fence that we put up (which was to ensure that our chickens did not "meander" over to their property). I had thought (but once again naively did not actually research) that if the fence was not a permanent one (it could be easily moved) that we could put it anywhere on our property and be safe. I'll need to look into that, and hadn't thought of the possibility that we could be causing a problem.

I still don't want to "make waves" with our neighbor, as barring some unforeseen financial windfall on either of our parts, they'll probably be living next to us for a while and with his wife working at the county (although I don't think she has much clout herself, she does apparently have "connections") it seems like a good idea to maintain the peace. But now that I've heard from all of you, and nearly everyone has said to not do the line adjustment, I sure won't be doing that!!! I'd like to come to some sort of compromise and a lot of you had some good ideas about that--and the hog pen? I actually considered that several times, as well as a small flock of peacocks housed near the property line :heh: but like I said, I'm not really spiteful, and I'd like to treat them the same way that I would hope to be treated if the shoe were on the other foot--I know some people don't think I owe them that, but....

I had not thought about trying to find a cheap/free attorney. But it sounds like we are going to need one for this, because there are so many things I haven't considered....and there may be options I haven't considered, too. One thing I did notice today, though--and some posters alluded to the fact that we now hold all the cards--I was out in the yard this afternoon before I went to work, and the neighbor drove up his driveway, and he smiles and waves at me!  It's kind of fun to "hold all the cards" after all of this. Once I find an attorney (hopefully), I'll let you all know what I find out.

Thanks again everyone--feel free to continue responding--I'm learning so much from all of you....


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## Joshie (Dec 8, 2008)

Please remember that compromise doesn't mean the same thing as giving your neighbors what they want.


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## Cheribelle (Jul 23, 2007)

Stay tough, you sound like a sweetheart, but they are really going to walk all over you forever if you don't put a stop to this. There is No good reason for them to put everything so "close" to the line as to actually be On it! I don't know what they are up to, unless they think if they are miserable enough as neighbors you will sell out cheap, to them! Please, put a stop to this!


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## davel745 (Feb 2, 2009)

First thing before anything else is get a survey. Then you will know were you stand.

Dave


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## Wanda (Dec 19, 2002)

wombatcat said:


> Thanks everyone for your words of wisdom--this was our first country home. I honestly don't remember if a survey was done before we bought our house or not. I know we didn't do it. Our house has been there since 1917 and the situation with our land bordering the cornfields that were sold had not changed for decades.
> 
> When we bought the house, we were informed that the farmer had about 1500 acres and it had been handed down through generations, so we thought it would stay like that for a few more generations--but didn't anticipate that apparently the farmer had some financial problems.....We went by a combination of what the previous owners said and the fact that if the grassy part actually belonged to the farmer, it'd be corn, not grass....but then when this neighbor put his double wide etc over there, we just figured they HAD to have knowledge of where to put things--I mean--and some of you also alluded to this--would anyone (and although I'm naive, I don't think probably a lot of contractors are?) really put a house/shed/utilities where there was even a hint of a possibility of a dispute later on? I know what happens when you "assume", but that's what we did....we were very naive and I regret that we did not have a survey done originally. And I regret that we did not have that done when it became clear that that land had been sold....I'm learning a lot--not the least of which has been that the next time we buy a house, to have a survey done and make sure there is a "cushion" of land surrounding the house, and to make sure there's more than 15 acres. That seemed like so much when we bought it, but it's clearly not enough.
> 
> ...



Please have YOUR PROPERTY surveyed now!!!!!!!!! Even tho the home was there when you moved in.

You bought property and a home but you have no idea where the home is located on the property you purchased. Your deed is for the property and it is critical that you are sure of the location.

In theory it could be vacant land that you have the title to. Please have a survey done.


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## Tricky Grama (Oct 7, 2006)

RedDirt Cowgirl said:


> Just allowing someone to cross your property can give them legal rights to an "easement" - more so if you allow them to actually use the ground. You need to contact the county ASAP, that's what they're paid for. Just say "my new neighbor is transgressing on my property." Start making notes of what's already happened and keep it going. (A notebook can help you "put the problem away in a box" and give you some peace of mind, too. Step by step...) Write them a letter saying you have not given them permission to use your property. You can do this for free, and it will pay you back if you do have to get an attorney.
> You and your husband may qualify for legal aid because of his medical crisis, or your local or state bar association may be able to give you a referral - lot's of lawyers do regular pro-bono work, the American Bar Association recommends every lawyer to 50 hours each year. Your cause is just, it's got nothing to do with being nice.


Here ya go! Better be doing ALL of this, quickly.
Prayers for some good luck for you.


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## Witterbound (Sep 4, 2007)

In our neck of the woods, most surveys are filed in the courthouse. Go to your courthouse to see if you can get a copy of the survey.


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## postroad (Jan 19, 2009)

Get a building location certificate made by a reputable surveyor.


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## pyrnad (Jan 22, 2006)

We had a problem about 4 years ago with a neighbor who moved next door. They said my barn was on their property. After a survey (I paid for) we found their septic tank and leech field were on our property, my barn was fine. The septic tank and leech field were moved(they had title insurance that paid for it). If they had been decent neighbors I would not have cared, but they kept stirring the pot.
Do you or the neighbor have title insurance? It would help with survey and legal costs.


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## fantasymaker (Aug 28, 2005)

A point that might not be clear here.
Lots of people asking you to get your propertry surveyed.
Thats because your deed and their deed may not match exactly. 
Ive seen it a lot. Your property line since its older should take precidence. It might be way over on them or it might be a lot closer to you than you think , with a strip belonging to the farmer still between you!


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## Darren (May 10, 2002)

I would not spend money to have another survey done. Save your money. 

The surveyor your neighbor hired would have looked at the surrounding plats at the court house as part of his prep work. Surveys aren't necessarily recorded at the court house. It would be easy to call your county clerk and check. If it was recorded, it would be good to get a copy from the court house to check things.

Other than that, keep in mind your neighbors aren't going to change their stripes. They're nice now. But if they had found out they had you over the barrel, they'd have gotten a lot meaner. They did that survey because they wanted to cause you trouble. 

There are people you can never please. I think your neighbors are those kind of people. They'll be a thorn in your side one way or another until none of you live next to each other. I know you don't want trouble. Sometimes being nice just gets you more trouble.


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## Jan Doling (May 21, 2004)

First get a good attorney and tell him/her you want the neighbor pushed back off your property rather than compensation and giving said neighbor any of your land. And you especially want the lawyer to deal with these idiots so you don't have to and you want them to pay all legal costs (you will need to pay your lawyer up front, but should get reimbursed by the neighbor if you play your cards right.


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## MullersLaneFarm (Jul 23, 2004)

kasilofhome said:


> My thoughts--you bought your land and you stayed within your boundrys. Now they pushed and learned that they are not. Do not do a line adjustment. Let them know that this is a legal issue and it needs to be handle and that you will need time to seek out all the options.


*This.*

They may have to relocate their shed, their driveway, their propane tank & even their mobile home. But it isn't because of you. It is because they made the choice to not have a survey done before they put in these things.

*Do NOT let them do a line adjustment.*

Let them put up a fence on the property line if that is their wishes. It is not your fault they built and put their items on your property.

There is a time to be neighborly and a time to make a stand for your land. This, IMHO, is a time to make a stand for your land. They made the mistake and you should not have to pay for it.



> Did they even notice what you had on your property...roosters, dogs, guineas...before they decided to build right at the line near you?


This cracks me up! Our northern property line borders a subdivision. On the north side of the fence is zoned residential, our side is zone Ag. The last house sold was only shown after dark and they never knew there was a farm bordering their property line. When they moved in, we took them a 'Welcome Basket' full of eggs, honey, dog treats, milk soaps, fresh baked bread.

We've had the most problems with these new folks. They have mowed 15' into our hay field. When we put up a temporary fence (just on the edge of our field for their back yard), they started throwing garbage on the hay field. When they had guests from the big cities (Rockford & Chicago) come visit for cookouts, their guests would lure our poultry into their yard with hotdogs & hamburgers ... then complain when our birds came back the next day looking for more. When our horses were in the pasture between the hayfield and the barn, they would set off firecrackers. They complained to the sheriff's office when we had gun practice (away from the subdivision and well within the law) on our property.

We finally got (another) survey and put up a fence (they lost 20 feet of what they thought was 'their' property). They complained that we "couldn't" put up the fence where it was (on the property line) because the county told him (zoned residential) he had to put up a fence with a 5' easement. This was the type of folks that when his neighbors on both sides put up fences (with the 5' easement), he would *not *mow that 5' that was the neighbors. .... until he decided to put up a fence along the back of his property ... just tying in his neighbor's fences. He won't let his neighbors in his yard to mow their 5' .... he's looking to claim that extra 10' as his.

He needs to go back to the city ....


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## Joshie (Dec 8, 2008)

I think this guy sees your desire to keep the waves down as weakness. Until you put your foot down (and you can do this firmly and politely) this is going to stay a series of never ending problems.


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## FiddleKat (Oct 22, 2004)

MullersLaneFarm said:


> *This.*
> 
> We finally got (another) survey and put up a fence (they lost 20 feet of what they thought was 'their' property). They complained that we "couldn't" put up the fence where it was (on the property line) because the county told him (zoned residential) he had to put up a fence with a 5' easement. This was the type of folks that when his neighbors on both sides put up fences (with the 5' easement), he would *not *mow that 5' that was the neighbors. .... until he decided to put up a fence along the back of his property ... just tying in his neighbor's fences. He won't let his neighbors in his yard to mow their 5' .... he's looking to claim that extra 10' as his.
> 
> He needs to go back to the city ....


We have a neighbor across the road from us who almost tried to do this. When I informed her we planned on putting a fence up she tried to claim we were required by law to set the fence 10 feet behind the property line!! I prompting called the county and they told me they never heard of such a thing, and legally I could put the fence right on the property line. 
Ive put stakes with reflector and cinder blocks along the front of our property and she has not peeped a word about it!!

I agree with the others, don't give them a line adjustment. They will keep pushing to take what is yours unless you put your foot down.


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## ginnie5 (Jul 15, 2003)

I agree with everyone else! You've been nice and all they've done is take advantage of that. You do the redraw and whats to stop them in a few years building something else right on or over the line and saying oops again?


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## Use Less (Nov 8, 2007)

No, no, no, don't knuckle under on this. They can move their service, their tank, their shed. It would be nice if they moved their house  Certainly don't give 'em land for NOTHING after aggravation & agitation. Sue


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## ladytoysdream (Dec 13, 2008)

Don't do any line adjustments for these people. 

It's their mistakes...let them fix everything. 

Tell them to move the shed off the line. 

Tell them to move the propane tank back on their property. 
If a propane company owns the tank, call the company and tell them 
to come move the tank off your property. Give them like 30 days and if 
it is not moved, then you are going to lay claim to it and the contents.

Eventually you may need a lawyer, but see how much you can can done on your own first. 
___________________________________________

The farmer who we bought our 2 acres from over 20 yrs ago, sold the main farm to a real estate guy here not too long ago. Well the new owner has been checking the property lines. He had a conversation with my hubby one day last year, and was questioning our line of pine trees down near our creek side. And made mention that they were the property line. Hubby set him straight real fast. When we planted the trees, he made sure to plant them on OUR property and just in from the line. So nobody but us can touch them. They thought they were going to be putting up no tresspassing signs on them for their side. WRONG. Hubby also has our property lines marked with poles, fencing, etc. We had a survey done when we bought the property. No way are we giving up any of our land. Our land is triangle shaped and is bordered by a creek on one side, road on the front, and a different farmer's field on the 3rd side. 
Got a head's up from a lady doing contract work for the phone company on our road this past week. She made mention that the company maybe changing the lines. She will suggest them to be done as overhead lines. Currently they are underground. Located between the ditch and the road. She thought they were on our property across the ditch and part of our lawn. I told her we NEVER gave easement to the phone company. And I knew for a fact, they buried the phone lines about the time we put our doublewide in. And we owned the land 3 yrs prior to the house being set up. 
No way are we letting the phone company tear up our lawn and the large area out front where we have our shrubs and flowers. The other plus in our favor is the hubby works for the town highway  The phone company rep has to meet with his boss/town to discuss any cable or line being put in or replaced. 
And we know it's on the shoulder of the road currently.


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## jamjam (Dec 29, 2009)

If you send them anything in the mail send it certified with return receipt. If they do not accept it and it is returned to you do not open it. If you have to go to court you will have proof that you sent them notice and it is not your fault that they refused to read it.


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## 7thswan (Nov 18, 2008)

Just incase you didn't know, you can have just a part of a line surveyed, say 300 feet from the road into the property. They can also mark it in 50 foot increments with nice orange stakes. You just tell the surveyers what you want done. We had to have this done here, couple years back. The new owners of the land next to us then had their entire piece of property surveyed, which is good.Also go to the Library and look up "fence enforcer". My parents had a issue with the neighbor-it was all taken care of with a Registered Letter sent from the Lawyer. On all of our other land, I had to do the work myself, so You can too. This issue with property lines happens so much, I can't belive that people are allowed build houses without a survey.


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## Our Little Farm (Apr 26, 2010)

pheasantplucker said:


> Do not agree to giving away anything that is yours. Tell them you'll allow them to keep their shed on your property and electric service, propane, etc. provided they quit being a pain. You now hold the trump card. Don't give it away. You'll regret it.


This. 
If it were me, I would say no. They moved as close as they could to you and then have complained ever since. Now they have realized that they have a problem being on part of your land, they want you to bend over backwards. I would say no. It is YOUR land, not theirs. You do not have to 'give' them anything and in fact, I would seriously consider asking them to remove their tank, shed, etc back on their property. The fence needs to be erected ON the property line. If need be, move yours. Get the tank OFF of your property. 

I would use and enjoy my property as I would wish. You bought that place for that reason, why should you be 'bullied' by these people?

My guess is they were either thinking your fence was over on their line and was wanting to move it closer to you, or they are selling. So do NOT give in to their grovelling. They have treated you very badly, good neighbors takes BOTH sides.


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## jessepona (Sep 7, 2005)

I don't get why oh WHY they would build their house so close to yours. With ten acres, surely they could have built it further off. I wouldn't want to live within spitting distance from my neighbors, I thought given the choice most people would agree but I guess not. 

I say you did everything right and have tried to be a good neighbor while they defied common sense and courtesy so why should you suffer for their mistakes? If they had been good neighbors all along, it would be different I am sure. But they've made no effort and now they want you to pay to clean up their mess? I don't think so. 

Good luck with whatever you decide to do. I hope it works out for the best.


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## Cheryl in SD (Apr 22, 2005)

jessepona said:


> I don't get why oh WHY they would build their house so close to yours. With ten acres, surely they could have built it further off. I wouldn't want to live within spitting distance from my neighbors, I thought given the choice most people would agree but I guess not.


I've been thinking on this. Could it be they think they can subdivide thier 10 acres at some point & sell lots off?

You've gotten good advice.


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## Karenrbw (Aug 17, 2004)

Wow, they have some nerve. "Can we move the property lines and take some of your land and not pay for it?"


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## watcher (Sep 4, 2006)

To be honest with you I'd tell them to move their stuff off my property and I'd put a fair sized hog pen about 50 feet from their trailer.


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## 7thswan (Nov 18, 2008)

Are you having a hard time comeing up with what to say to them,in a nice way?


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## wombatcat (Mar 29, 2005)

7thswan said:


> Are you having a hard time comeing up with what to say to them,in a nice way?


Well.....any suggestions are gratefully accepted--right now I'm very concerned because our budget is so tight right now, that if we have to pay for all of this out of our own pocket it's going to be very difficult...and the more I learn from all of you, the more convinced am that we need help with this...

With that said....what would you suggest I/we say?


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## ladytoysdream (Dec 13, 2008)

Just tell them....
"you need to get your stuff off MY property" 

and if they start trying to talk you out of it....
say........
"if you don't....you will be talking to my lawyer " 

They don't need to know you have a tight budget....
and you don't have a lawyer yet. 

Call their bluff.......and don't back down. 
They now know because of the survey...they are in the wrong. 

Maybe a law officer can help you out ? 
And or give you a few suggestions.


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## thaiblue12 (Feb 14, 2007)

I did not read any of the responses so I might be repeating  
Give them nothing!!
It is one thing to be a good neighbor it is another to change what you do and have. Clearly these people should not live in the country if animal noises and barking dogs bother them. I would not make my dogs come inside till right before 11 pm, I think that is when noise ordience is. They do not like guineas..... too bad!

I have an easement situation here so I am a good neighbor to a point. But if he tries to cross a line I hold my ground and refuse. Sure I'd help him out even if I did not have an easement issue but when it comes to what I do or do not do on my place, too bad!
You have been beyond a good neighbor and most of us would love to have a neighbor like you. 
They move it or loose it or they pay a good price for it and use some of the money to fix your driveway and put your fence rigt on your property line. I would take no more of their nonsense, I would politely refuse anything they ask or suggest in the future and if they get snotty about it, then say "when you pay my mortgage then you can tell me what to do, bye have a nice day!"


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## gwithrow (Feb 5, 2005)

just tell them you have discussed it, you don't have to say with whom, and "we are going to stick with the survey boundary so you will need to make arrangements to move your stuff onto your property"...you do not have to explain or feel guilty....give them a dead line...say 30 days...

they are wrong, and they know it now....then make arrangements to move or install your fence a couple of inches inside your line...some kind of fence...to mark the boundary...we have had a similar situation and it did not end well, but hopefully it won't go so badly for you...we ended up vindicated in court...and we are all glad everyday we didn't take our neighbor up on his 'offer' to adjust the lines.....a good survey is very important....so get a copy of the survey and start marking where your fence is going to go....


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## Joshie (Dec 8, 2008)

wombatcat said:


> Well.....any suggestions are gratefully accepted--right now I'm very concerned because our budget is so tight right now, that if we have to pay for all of this out of our own pocket it's going to be very difficult...and the more I learn from all of you, the more convinced am that we need help with this...
> 
> With that said....what would you suggest I/we say?


Go to the county and research the law. Learn about setbacks and utility services. Do you go to church with a lawyer? Could you get them to send a letter? Sometimes just a letter is helpful.

I would send them a certified letter return receipt required telling them they have 30 days to move any and all utilities from your property. You could contact the electric company yourself and ask them to remove utility lines you did not request from your property. I'd learn septic laws. I would bet that they must be placed a certain distance from a property line. You do not want to have an issue with this on your land. It could become a horrible future issue.

Spell out what they need in specific, firm terms that are backed by local ordinances. I'd even use the ordinance numbers to prove you know what you're talking about. Give them 30 days to remove their property from your land. Since you want to be a good neighbor, after you list what they need to do, tell them that you will allow them to move the shed you have on your land after they move utilities, etc.


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## hippygirl (Apr 3, 2010)

shygal said:


> why on earth are you bending over backwards for these people??? Keep your dogs outside when you want, mow your grass when you want, get guineas again, etc , yeesh, that would be the day i would put up with what they are doing.


amen to that!!!!!


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## kasilofhome (Feb 10, 2005)

any news


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## chewie (Jun 9, 2008)

Bearfootfarm said:


> You need to stop worrying about making *them* happy and tell them to move thier stuff off YOUR property.
> 
> Tell them if they want to "make adjustments, they can give you the tool shed and put up a 7 ft privacy fence on THEIR side of it.
> 
> Tell them you will only charge them $100 a month for the utility pole on your land


this!

be nice, dont' cuss them out, just say, 'Oh' a lot, and continue telling them you dont' want to adjust anything. THEY moved that close, THEY made stupid decisions on how they developed their place, and it should be THEY who fix it.


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## luvrulz (Feb 3, 2005)

*Make sure that when you talk to the attorney, don't go cheap. Hire an experienced lawyer and make it that the loser pays legal fees!*

You do hold all the cards and they should pay for their assumption of where their property stopped and yours began. Also, go back through your paperwork and the loan agreement. There should be a survey, albeit an *OLD* survey; but it is still a legal document! Good luck with this - you can keep your cool and still come out ahead!


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## SpaceCadet12364 (Apr 27, 2003)

Yet another that agrees, don't give them anything. At least not for free! I'm more of the "move it within a specified period of time" crowd, and once you find out about fencing for your area, put something up either on or as close as you can to the actual property boundary. If all that stuff is on your land, I'd bet the house and septic are probably too close as well. Most everywhere has some sort of property line setback requirements. OR....either talk to a realtor to get a feel on prices, or use that survey they did to figure out how much land they have encroached (and make sure about the setback for the house and septic to see if that increases the amount of encroachment) and base your price to them on what you paid, plus a premium for your troubles. 

And an extra regarding the guineas, if you do get some more and they fuss.....since it sounds like they are not familiar with country life and all.....let them know how guineas love to eat ticks, mosquitos, flies, etc. They will also go after snakes and such I do believe. 

We have been free ranging guineas for several years now, and pretty much all of the neighbors dont have a problem with them. Most seem to enjoy being able to go out in their yards and hang laundry and not get covered up with the little blood suckers.

We have lost a few over the years, but to me it is worth it not to have to buy and spray and expose ourselves to chemicals to attempt to keep the bugs at bay. An extra is that we can mow and catch up the lawn and feed it to the cows. They love the stuff...full of clover. 

Check into getting some form of legal assistance on this. Whether it's someone you know who is a lawyer (or knows one maybe that might be willing to work with you on costs or do some pro bono work) or through Legal Aid, it really does sound like it would be best to get that sort of help involved.

Just a thought........you might offer for him to give you the property if the costs for him to move everything that needs to be moved to comply with your area setback requirements are more than what he would realize in selling it (if that is what they are doing).....especially if he does not want to pay your price (make it a GOOD one for you! $$$$) to buy the part of your land that he would need to have in order to meet area setback requirements.



Best of luck, hopefully it works out for you.  It should, as others have said you pretty much hold most if not all of the cards on this one.


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## tweezle (Sep 20, 2006)

Make sure to also specify that you want your land returned to the original condition after everything is removed. It may seem petty, but you would be amazed at how things could be left.

Good Luck!


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## beeshurt (Apr 6, 2011)

Like everyone else has stated, don't do the line adjustment. Make sure that the property line is abided by as well. I would definitely have legal papers drawn up -- 15 years down the road, this other party may try to say that they've used the property for 15 years, so it falls under the grandfather clause of "adverse possession". From the sounds of it, they may try to take more and more property that way if they aren't stopped in their tracks.


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## Terri in WV (May 10, 2002)

I agree with everyone else-don't give them any of your land and make them move their things.

I had a similar issue when I moved here. I was told where the property line was when I looked at the place, but upon surveying found that the property line was about 25ft in my favor from what was thought of as the pl(a line of trees). Due to someone that thought he had the right to be on my land any time he saw fit, I decided to put up a fence(he was not the next door neighbor). I gave the next door neighbors, that had part of an old trailer on my land, 3 chances and 1 month to move the trailer. They kept telling me they'd have it taken care of in a week. They didn't, so I hired a guy for $100, to shove their trailer(an empty one) onto their land and my fence went up. I haven't had any problems since.


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## KatW (Jul 26, 2002)

A neighbor from across the street told us about when the previous owners of our place decided to fence the property they found out that our next door neighbors mobile home was actually across the property line. The owner of the mobile moved it a few feet so the fence could be put up (you can stand on our property and touch their house over the fence), obviously it still isn't properly set back from the property lines!

If we ever buy a bare piece of land to build our dream home I am making sure in advance that we are well away from the property line!


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## farmergirl (Aug 2, 2005)

Travis in Louisiana said:


> I would have told them, "You bought ten acres, but yet moved right on the property line and right on top of us. Nope, I am not redrawing nothing!" If I was you, I'd get a lawyer involved.


Ya, really. What the heck is wrong with people these days? I would have told them "tough" if they moved right on top of me and then complained about barking dogs. We also live on 10 acres in the country, and my dogs bark to keep the coyotes away from our birds and goats. Why on earth would I bring my dogs into the house at night? That's when they do their best work!

IMO, you have been yielding to their unreasonable requests for WAY too long. I appreciate that you want to be a good neighbor, but there's no reason to let these people walk all over you.

Stuff like this really chaps my hide :flame: The nerve of some people...


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## Txrider (Jun 25, 2010)

There is one very clear danger here...

Them acquiring your property using adverse possession laws. If you have let them use it since 2003 it has been 8 years.

You need to demand they move their stuff from your property, immediately, even if you don't want to be that serious about it. You need something documented as proof that you have not allowed them to use your land without your protest. It could save you from losing the land against your will later.

I'm not sure of MN adverse possession laws, but it appears they have to have use the property for 15 years, otherwise they would have likely already filed an adverse possession claim and tried to forcibly take the property.

I'd tell em to go stuff it.. If they want that property, make them buy for cash and then only if your willing to sell it.

And I would have also said the same for the dogs and guineas as well. You can only be so good of a neighbor, and you have gone above and beyond reasonable.

It was their choice to buy there, and their choice to put themselves literally in your back yard... Now they want your backyard given to them for free?

Let them call the sheriff if the dog barks too much and he can tell you what any noise laws are that you need to obey.

And tell them they need to get their property, including electric service off of your land or you will move it for them..


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## kasilofhome (Feb 10, 2005)

looked real quick at MN law. Just google MN and adverse possesion laws. 15 years. Look it is yours. Your have rights. Would you steal from a neighbor --Take a stand because you have given up much to have your land. It is not mean or rude to stop a theif.


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## Smallhomestead (Feb 25, 2011)

Give them thirty days then send a letter to the propane company stateing they are not allowed on your land to fill the tank and it needs to be moved. Everything is there fault you don't need much money to fix this just stand up to them:hobbyhors


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## texican (Oct 4, 2003)

Give them a month to remove everything to their side of the fence. You DO have a fence? right??? Old saw about good fences is actually true. If they don't move, go legal, file trespass charges. Set a crosstie on the corners and string barb wire, six inches on your side of the legal line, and be done with it.

If you ever move, please follow texican's #1 rule concerning land. IF land ever comes up for sale nearby, buy it, regardless of cost. Pass on it, and expect the absolute worst neighbor in the world to move in next to you. 1st Corollary to Rule #1... As soon as you acquire property, contact every landowner nearby, get to know them, and let them know, if they ever think they'd like to sell some or all of their land, to let you know, as you'd like to acquire as more, and prevent bad eggs from moving into the area...

If I'd'a broken my own rule, and found some yahoo moving right up next to me, as soon as I saw them out looking things over, I'd'a grabbed my boombox and put my favorite chant music on... some _Gyuto Monks _(very guttural grunting.... ), take my clothes off and do some 'exercises'... then act surprised when they 'see me'... walk over and welcome them with "open arms"  Look em both over, up and down, and smile... "yes, you guys are going to looooovvvvveeee it here"...


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## 7thswan (Nov 18, 2008)

Whether you have a mortgage or not-Simply tell them that the Mortgage Co. is NOT going to let you redraw the property lines. That takes it off your back as far as having to just say NO! Send a letter telling them 30 days and have it sent registered mail.


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## fantasymaker (Aug 28, 2005)

wombatcat said:


> Well.....any suggestions are gratefully accepted--right now I'm very concerned because our budget is so tight right now, that if we have to pay for all of this out of our own pocket it's going to be very difficult...and the more I learn from all of you, the more convinced am that we need help with this...
> 
> With that said....what would you suggest I/we say?


]



fantasymaker said:


> I bolded that last line in the quote.
> I think you SHOULD be a good neighbor its in your nature and you wont be happy with yourself if you don't.
> 
> So what to do? View this as a chance for a do-over.
> ...


If you can have somebody check the discriptions of the property to see if they match....to the dot!


Darren said:


> I would not spend money to have another survey done. Save your money.
> 
> The surveyor your neighbor hired would have looked at the surrounding plats at the court house as part of his prep work.


 But you forget he was hired to survey THEIR land not to point out conflicts or mark them. as you say below.


Darren said:


> Other than that, keep in mind your neighbors aren't going to change their stripes. They're nice now. But if they had found out they had you over the barrel, they'd have gotten a lot meaner. They did that survey because they wanted to cause you trouble.
> .


AMEN BROTHER!


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## Saffron (May 24, 2006)

1 - Visit the courthouse and find all surveys done on the piece you bought as well as what they bought. Compare yourself if you can understand it. Then visit a surveyor and ask for assistance and price quotes.

2 - I do wonder how far off the line your fence really is, you say you didn't build it on the line. So where are their buildings? Did it turn out that your line is actually further over than even you thought?

3 - Do not accede to the request to give away your land. Give them two options - move their stuff, redo the driveways, and move the home to be within requirements - or - offer to buy their land. Be careful on the second one though, don't be nice to the point that they sell the land to you and then take everything on it - buildings are included in the purchase except for the mobile home.

If you give or sell them that piece of land, not only may you then be in violation, but it will prove to them that they can coerce you into giving up more of your freedoms and rights in the future.


When they first moved in and set up on your backyard, you should have approached the county then - just in case. But that is a would-have, could-have, should-have.

Go forward from here with the intent to protect yourself.
If you did just give this land to him, even if he buys it - how might that affect you? Your fencing will have to be moved, possibly your pens or chicken house, or other outbuildings.

This man is being nice because you have always been so amenable in the past. He sees that he can come out ahead when dealing with you.



A similar situation happened with two of my neighbors, and is going to happen with another two. The first two: a niece moved into a mobile home behind her uncle to tend to him. Had to have the property surveyed in order to have the mobile home put there. Discovered that the adjacent property, which had rental mobile homes, was in error. The electric pole, propane tank, and rear two feet of the mobile home were on the wrong property (from long ago when it was parted out to a family member). The served papers and the tank, pole, and home all had to be moved within 30 days. PITA, but everyone is civil now.
Other neighbor will eventullay have a property line dispute. The one nieghbor believes the line to run up the side of an old driveway, the other neighbor hasn't said much trying to be nice about it. We almost bought that piece, so we had the survey checked. The line is actually 30 feet to the other neighbor's favor and runs throught the wellhouse of the one neighbor. OY!


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## Riverdale (Jan 20, 2008)

ladytoysdream said:


> Just tell them....
> "you need to get your stuff off MY property"
> 
> and if they start trying to talk you out of it....
> ...


And I will be kind and give you 30 days to get your stuff off. Starting TODAY

There are many "mall lawyers" who would take this on a contingency. In other words, sue them for damages, and th mall-lawyer gets a (albiet) large portion of the settlement.


I have used ALL my polite words.


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## fantasymaker (Aug 28, 2005)

Riverdale said:


> I have used ALL my polite words.


LOL ... Id think by now the OP has too!


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## laughaha (Mar 4, 2008)

lol, there is NO WAY I'd give them land. With their attitude, I'd be getting quite a few guineas, geese, goats, pigs, chickens, cows and especially PEACOCKS!! Then I'd put them all of the property line. I'd fence in your property (in the entirety) and make them move everything of theirs that's on your property (or it's getting fenced into your property and you're charging them rent for access). And I'd serve them papers to get their crap off your property and possibly a harrassment suit. Not saying that getting sue happy is the answer, but your neighbors are being major selfish buttheads.

Kinda doing this now on my property, the neighbors were jerks and now they listen to 15ish roosters (I only need 5), 5 geese and 3 chinese red/gold pheasants (which basically sound like a slightly quieter peacock). Oh and the roosters start crowing between 2 and 3 am. Next is the pigs and goats and feral peacocks (when we can catch some). I'd planned on getting all these critters anyways, but they are next to the jerk neighbors for a reason. We're on 26 acres.


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## lamoncha lover (Mar 1, 2009)

I wouldnt go looking for trouble as in buying loud and dirty animals Just to get to them
AND I sure as heck would NOT be changing my poperty lines to suite them. 30 days to move it off...seems fair to me


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## Smallhomestead (Feb 25, 2011)

Do a google search for property appraiser minnesota and what every county you live in it should have maps of your property. It might even have aerials that are overlaid with property lines. In Florida that is how things are done and it very easy to see what is where. As they say a picture is worth a thousand words. If you don't have money spend a little money on cheap land scape timbers and put them on the property line where there stuff is and string so highly visible string along the timbers. Then put no trespassing signs up. This way you know by eye where you can do stuff and where they can't. :lonergr:


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## fantasymaker (Aug 28, 2005)

"Im so glad we found out the line is really over there , it will make such a nice place for the hogs to root thru the new manure pile!"


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## Mattemma (Jan 1, 2013)

I know this is an old thread,but I am curious what happened. We did a boundary survey to put a fence up,and it was very close to one neighbor.He wanted the fence were he thought the line was,but we put it right inside the boundary.We did however wait 2 years to gve them a chance to hire their own surveyor to contest our survey.

I would never agree to re-draw the lines for the neighbor. If I had been in your situation I would ask them to remove any trespass.Also,they would need to keep their cat in their yard.Simple fix is a cat enclosure.My animals my yard and yours on yours.Roamers disappear.

Neighbors will turn nasty on a dime.Hope it all worked out fo you. I would be fencing in that line and planting some tall grasses to block them out.


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## Shygal (May 26, 2003)

Im curious now too, as to what happened


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## ItchingDuck (Jan 25, 2012)

Get their stuff off your property, if you let them use it long enough they can legally get the right to use it free. Research or get a free consult with a lawyer regarding your options. Do not bend over for these people. They are "takers" and you will lose in the end. Please protect yourself. 

Do NOT give in!!

ETA- I totally did not see that this was so old, lol! My mistake. I am curious also what happened


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## jassytoo (May 14, 2003)

Sounds like these people have been bullying you since they moved in. They'll keep doing it until you stand up for yourself. What do you think they would do if the situation was reversed? They'd have you off that land in a heartbeat. Get a lawyer and get them off your place.


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## jassytoo (May 14, 2003)

Geez, didn't realize this thread was so old. I wonder what happened!


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## SteveO (Apr 14, 2009)

I think you need to look at the whole picture.
House to close to the line
well? or water lines
Septic as mentioned
Power
Also so zoning if the get even a few more sf can they subdivide and do you lose farm status if you are under 10 Ac.
And do they get to pay for half of that fence per your state laws also
You can't help stupid
Steve


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