# Neighbor has pasture on a 10th of an acre of my land...



## Meinecke (Jun 30, 2017)

Hello...

I just found out that my neighbor has a part of his unused pasture reaching over on my property...
Its about a quarter of an acre and according to municipal only a hundred bucks a year...
Would you keep the subject down to prevent issues with so far good neighborhood or would you open the box of pandora and ask them to move the fence?

Thx


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## muleskinner2 (Oct 7, 2007)

Ask him to move the fence. If he is a good neighbor, it won't be a problem. If he isn't, now is the time to find out.


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## Oregon1986 (Apr 25, 2017)

I'd ask them to move their fence


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## flboisseau (Apr 27, 2017)

Ask them to move their fence in a nice manner, saying you can understand how mistakes like that can be made. If you do nothing at some point, depending on laws governing where you are they could gain possession of the lands from you, via adverse possession. Basically, they could make the claim that they have tended and cared for the land and treated it as their own for a certain period without you objecting and thus you have given up your claim of the land. So yes you need to resolve this ASAP.


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## Hiro (Feb 14, 2016)

Meinecke said:


> Hello...
> 
> I just found out that my neighbor has a part of his unused pasture reaching over on my property...
> Its about a quarter of an acre and according to municipal only a hundred bucks a year...
> ...


That is a decision that only you can make. BUT, check your state's laws regarding adverse possession. In certain states, if they use your land/treat it as their's with your knowledge and you do not object, they can actually legally claim it as theirs.


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## shawnlee (Apr 13, 2010)

Are you/would you even use that area ?


so, its 1000 bucks a year per acre property tax ?

FYI, that seems high, I pay 125 bucks a year on almost 6 acres......


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## Meinecke (Jun 30, 2017)

100 bucks per year property taxes...for the mentioned piece encroached
NJ is pretty bad on property taxes...so i have 7 grant for my 1.5 acres with the house...
We probably not use it...so thats why i am not sure if we should mention it or not...
We are so called surrounded by that family and are new in the area and so far nice neighbors...
Just not sure how people react if "the new" all the sudden do stuff like that,...


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

Ask your realtor. Did you get title insurance?


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## po boy (Jul 12, 2010)

Alice In TX/MO said:


> Ask your realtor. Did you get title insurance?


Survey???
.25 acre out of 1.5 is huge in my opinion and it's not about the $100 bucks per year. It's about someone using YOUR property. Since it is unused property, he shouldn't object to moving the fence.


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## ed/La (Feb 26, 2009)

Find a nice way to say it. No big rush but fence needs to be move to correct location. How did that happen? Wild guess where property line is.It might be easier for him to leave it and put new fence in correct location if that is OK with you.


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## GTX63 (Dec 13, 2016)

My buddy has 6 acres and a cabin at the end of a heavily timbered dead end road. Only other house is at the entry to his drive. Nice folks. They offered to mow about an acre that runs up to his fence so the property would appear occupied when he wasn't around. Then the neighbor started parking a couple of his bucket trucks on the acre. Then his wife put up a garden shed. My buddy thought that in order to cover his butt maybe he should write up a lease....no, because then he gives up control.
So he is approaching them this week and will be having the same conversation.


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## ridgerunner1965 (Apr 13, 2013)

idk in nj but in mo the right half of that fence would be your problem to move.

if you ask them about it, be sure to have the survey papers in hand and ask them to help you figure it out. if you just purchased the property id assume the survey stakes are still in view.

if they got irate about it,and they could.ive seen it before. I would possibly offer to deed that strip of land to them if they paid for a new survey and all other costs. at least then you would not be paying prop tax on it, which may raise in the future.

I would also offer to move the whole fence myself if they were very cooperative in giving it back to you.

you never really know what your getting into in a deal like this. ive seen sane people go bat poop beserk over a strip of land 6ft wide and a 100 yrds long.

when I buy a place I buy it with the fences being where they are. however where im at the diff in property tax mite only be a few dollars a year and not 100$.

if the 100$ means nothing in your world I may just let sleeping dogs lay.

however if the neighbor acts entitled or dismissive.i cant stand people who are entitled to other peoples property.

I may just talk to a lawyer.


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## Michael W. Smith (Jun 2, 2002)

Meinecke said:


> I just found out that my neighbor has a part of his unused pasture reaching over on my property...
> 
> Thx


How do you know that the pasture is on YOUR property? Is there a survey or survey markers that prove it?

Many times landowners "know" their property lines and corners because the previous owner or realtor told them. Unless you have had a survey done and know for a fact they are on your property, you will be opening up Pandora's box.

But, if you know for a fact they are on your property - then by all means approach them. Let them know they can "rent" your pasture for $100.00 / year (or whatever total you want). Otherwise, they need to move their fence off your property.


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## LittleRedHen (Apr 26, 2006)

I have some similar issues. I am new to this area of sorts and my neighbor is utilizing some of my land. I have an order in for a survey of that land before I say much. I just have to hurry because the neighbor is planning on getting loggers in and I suspect he will try logging part of my property as well. He has been trying to "use" about 1-2 acres of mine that is 1/4 mile from my house. We have narrow long property here so while its a 1/4 mile away, I only own 11 acres. I could handle a trail across mine , I worry about adverse possession. I need to get a handle of mine and quick


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## Mickie3 (Aug 28, 2010)

Here ya go, some info on A P in NJ.


https://www.nolo.com/legal-encyclop...erty-based-adverse-possession-new-jersey.html


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## Meinecke (Jun 30, 2017)

Hello and thx to u all...
Yes, we bought it right fresh a few month ago...and now after intense inside work, we started going out and checking property lines, fences etc...with the fresh survey in hands...well and as said...were stopped by a fence which wanst ours but the survey told us to go on straight until marker...not stakes got done...but as a new house buyer you dont know better and try to save where you can. and 125 per stake was to much for us for a survey that already cost us 1400 without stakes...hahaha
so i think we will get over there next weekend and will check...so far nice people...hopefully no wing nuts in sheep costumes


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

If there is a marker or monument, there may be a metal thing in the ground. Could be just a big nail. Could be a piece of rebar.

Look at link below.


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

https://surveycaps.com/products/con...RNecINy7FFchp0H9iuboTtscD13OrtfxoCQlIQAvD_BwE


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## Forcast (Apr 15, 2014)

Hiro said:


> That is a decision that only you can make. BUT, check your state's laws regarding adverse possession. In certain states, if they use your land/treat it as their's with your knowledge and you do not object, they can actually legally claim it as theirs.


Think it's 7 years


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## shawnlee (Apr 13, 2010)

I know as a land owner, I would not move any fence....I would tell you if you want it moved...tear it down and put up another...especially if its on your property...then it your fence and your problem.

Might cost you more than the 125 buck stakes you were complaining about....lots more, unless you can remove and rebuild a fence yourself.


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## macmad (Dec 22, 2012)

Unused pasture. Take the fence down and leave it down. If he wants to run anything in that pasture in the future, he can put something back up.


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

I guess I am the odd girl out. 

Be nice. Bring homemade cookies and the survey. Express the need for help in figuring it all out. 

Be nice. Offer to reset the fence.


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## macmad (Dec 22, 2012)

If someone brought me cookies, I would reset the fence.


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## shawnlee (Apr 13, 2010)

Talking with some one face to face is always the best practice.

Back 40 of a pasture not even used....likely he could care less as long as he does not have to do anything or spend any money.

My property is like that.....plowed field on the back side encroaches right to the fence that was likely installed 10 or 15 feet off the property line......I do not need or even want to use it, it would just be more yard to cut...4 plus acres is enough lawn to cut out of 6 acres.

I want to buy the 5-6 acre block behind me anyway....half is not plowed and is drainage anyway.....I will deal with any fence issues then.


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## Michael W. Smith (Jun 2, 2002)

Meinecke said:


> Yes, we bought it right fresh a few month ago....... we started going out and checking property lines, fences etc...with the fresh survey in hands......were stopped by a fence which wanst ours but the survey told us to go on straight until marker...no stakes got done.... and 125 per stake was to much for us for a survey that already cost us 1400 without stakes...


I'm kind of thick headed, but if I understand correctly, you did had a survey done before/or after you bought your place. You went out to find the corners and were stopped with the fence. Did you go under or over the fence to actually find the corner?

As for stakes - it's typical for surveyors (at least around here) to mark the corners with 1/2" or 3/4" rebar. Now, if you are talking stakes along the property lines, that is a different story, but stakes/rebar/something should be at the corners. If you found the corners - and indeed the fence is in the way, go have a talk with the neighbors. But if you had a recent survey done, and the surveyor made no mention that the neighbor's fence was on your property - I'd be calling the surveyor - that's part of their job when they survey - mark the corners and notify you of encroachment.

Don't go to the neighbors with an attitude or blame them for putting a fence on to your property. (Chances are they were told by someone where their property line was (not that they had a survey done).

Introduce yourself and bring up that you had a survey done, and according to your survey, the fence is on your property. You can even invite them to walk with you to show them (provided you know and can see the corner stake).

Having a recent survey done, it shouldn't cost that much to have the same surveyor come back to mark the corners or lines clearly. (All the work is done - they just have to come out and mark it - their field guys can do that.)

Good luck!


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## GTX63 (Dec 13, 2016)

Yep, the surveyor would note and inform you that there is a fence line encroaching. If he didn't either it is because it isn't encroaching or he didn't fulfill his obligation to you, his client.


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

Sounds like a phone call to the surveyor would yield answers.


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## jr23 (Sep 3, 2013)

if it is your land its your right to control it just be civil. but if you do allow usage with neighbor have a contract, if you allow a trail or other public use at least 1 day a year. post sign and block access take pictures. that way it does not become a permanent public access. you can allow but still control. sometimes its necessary say the owner wants to build a home for child if the property cut off could put you under the minimum lot size so its worth making sure your land stays under your control. same when you get squatters immediate action needs to happen. cal bad one reported that a farmer or rancher one time got squatters built a shack instead of the gov making them leave they fined the owner for substandard structure


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## Meinecke (Jun 30, 2017)

Thx to all...i think i will go over and have a cup of coffee on that subject...we are kind of getting a good relationship with them, hope it will stay that way...
Will just mention it and offer them to leave as is if they dont care, but want them to know that it is not theirs and that they dont plan anything on it...


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## GTX63 (Dec 13, 2016)

This thread just reminded me of my neighbor down and across the way. He has 13 acres that sit next to an old shack, the first house ever built out here, that has been swallowed up by vegetation and falling in on itself. It sits on 2 1/2 acres of good oak timber. My neighbor has always had an entitlement mentality, and has been after the kids of the deceased previous owners for years to sell to him. They will not. I have noticed over the past 4-5 years that he now mows the perimeter, hunts and logs the property. The estate is unaware of what he is doing. He has a son who is in his mid 40s that lives with him and the dad has made mention of his intent to buy and build on the land and put his son in a house there. I would suspect he is created his own plan for domain if and when he tires of the owner's refusal to part with the land.


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## Mickie3 (Aug 28, 2010)

GTX63 said:


> This thread just reminded me of my neighbor down and across the way. He has 13 acres that sit next to an old shack, the first house ever built out here, that has been swallowed up by vegetation and falling in on itself. It sits on 2 1/2 acres of good oak timber. My neighbor has always had an entitlement mentality, and has been after the kids of the deceased previous owners for years to sell to him. They will not. I have noticed over the past 4-5 years that he now mows the perimeter, hunts and logs the property. The estate is unaware of what he is doing. He has a son who is in his mid 40s that lives with him and the dad has made mention of his intent to buy and build on the land and put his son in a house there. I would suspect he is created his own plan for domain if and when he tires of the owner's refusal to part with the land.



To take land by adverse possession takes anywhere from 5-30 years, depending on state, so they may have a long wait on their hands.


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## dyrne (Feb 22, 2015)

GTX63 said:


> This thread just reminded me of my neighbor down and across the way. He has 13 acres that sit next to an old shack, the first house ever built out here, that has been swallowed up by vegetation and falling in on itself. It sits on 2 1/2 acres of good oak timber. My neighbor has always had an entitlement mentality, and has been after the kids of the deceased previous owners for years to sell to him. They will not. I have noticed over the past 4-5 years that he now mows the perimeter, hunts and logs the property. The estate is unaware of what he is doing. He has a son who is in his mid 40s that lives with him and the dad has made mention of his intent to buy and build on the land and put his son in a house there. I would suspect he is created his own plan for domain if and when he tires of the owner's refusal to part with the land.


Hunting is one thing but if he logs the property he's a thief and that is no small sum of money for oak logs. If it was me... I'd reach out to let the land owners know.


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## haypoint (Oct 4, 2006)

A friend of mine has a cottage on an inland lake, 120 feet frontage, 300 feet deep. Last summer, new people bought the cottage next door. They have 50 feet of lake shore.
The first thing they did was build a firewood shed, just a couple inches over the property line. The roof overhangs the property line by 6 or 8 inches.
On weekends, they have 6 or 7 four wheeler ORV and a couple boat trailers, along with vehicles. So they were using my friend's driveway as theirs, to get around all the parked stuff. My friend told them not to trespass. So, they put up a few stakes and ran a rope along the property line. The property line is marked with rebar, set in concrete, 60 feet apart. So, they set the stakes about 2 inches onto my friend's property.
Does 2 inches matter? I think it is mostly the attitude of taking just a bit more at every chance.
These people also set their boat dock on the edge of their other neighbor's property line, leaving their shoreline unobstructed.


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## Meinecke (Jun 30, 2017)

You cannot live in peace if you neighbor doestn like too


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## Mickie3 (Aug 28, 2010)

haypoint said:


> A friend of mine has a cottage on an inland lake, 120 feet frontage, 300 feet deep. Last summer, new people bought the cottage next door. They have 50 feet of lake shore.
> The first thing they did was build a firewood shed, just a couple inches over the property line. The roof overhangs the property line by 6 or 8 inches.
> On weekends, they have 6 or 7 four wheeler ORV and a couple boat trailers, along with vehicles. So they were using my friend's driveway as theirs, to get around all the parked stuff. My friend told them not to trespass. So, they put up a few stakes and ran a rope along the property line. The property line is marked with rebar, set in concrete, 60 feet apart. So, they set the stakes about 2 inches onto my friend's property.
> Does 2 inches matter? I think it is mostly the attitude of taking just a bit more at every chance.
> These people also set their boat dock on the edge of their other neighbor's property line, leaving their shoreline unobstructed.



They are lucky that your friend is so accommodating. Around here, folks I know wouldn't be that easy to deal with (read: screw over.) Also, county code calls for all boat docks on shares water to be at least 10 feet from closest property line. Firewood shed *was* built with a permit, right? 

Maybe a call to zoning compliance is in order, to let the neighbors know what the rules to the game are. 

Glad these folks aren't my neighbors and therein lies the reason that some zoning and building codes can be justified.


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## po boy (Jul 12, 2010)

haypoint said:


> A friend of mine has a cottage on an inland lake, 120 feet frontage, 300 feet deep. Last summer, new people bought the cottage next door. They have 50 feet of lake shore.
> The first thing they did was build a firewood shed, just a couple inches over the property line. The roof overhangs the property line by 6 or 8 inches.
> On weekends, they have 6 or 7 four wheeler ORV and a couple boat trailers, along with vehicles. So they were using my friend's driveway as theirs, to get around all the parked stuff. My friend told them not to trespass. So, they put up a few stakes and ran a rope along the property line. The property line is marked with rebar, set in concrete, 60 feet apart. So, they set the stakes about 2 inches onto my friend's property.
> Does 2 inches matter? I think it is mostly the attitude of taking just a bit more at every chance.
> ...


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## Meinecke (Jun 30, 2017)

Sooooo...
We finally had the talk...and surprisingly they sat back totally relaxed with a big smile on their cheeks...and when we explained our subject, they laughed and told us, that they were wondering and already waiting if the new owners would come and talk about or not...
They started using it 15 years ago because old owner did not even mow the lawn...and when old owner put fence up and even blocked that part out, they just started having cows there...but cows are gone long ago and they just keep the gras low...so now they started last weekend to take fence down and hope that we will keep it up in shape.
So more thoughts than trouble...but tx to everyone and your thoughts


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## Blisterwood (Jul 11, 2018)

Good to hear it. Best possible outcome!


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## altair (Jul 23, 2011)

Awesome news!!!


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## Danaus29 (Sep 12, 2005)

I'm glad it worked out best for both involved.


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## AmericanStand (Jul 29, 2014)

Good fences make for good neighbors for good neighbors also make for good friends .......



I originally intended to say good fences make for good neighbors, but good neighbors also make for a good fences.


But I like the wisdom that auto correct created above and I will leave it.


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## Bret (Oct 3, 2003)

Meinecke said:


> Sooooo...
> We finally had the talk...and surprisingly they sat back totally relaxed with a big smile on their cheeks...and when we explained our subject, they laughed and told us, that they were wondering and already waiting if the new owners would come and talk about or not...
> They started using it 15 years ago because old owner did not even mow the lawn...and when old owner put fence up and even blocked that part out, they just started having cows there...but cows are gone long ago and they just keep the gras low...so now they started last weekend to take fence down and hope that we will keep it up in shape.
> So more thoughts than trouble...but tx to everyone and your thoughts


Good news. Good neighbors. Good cookies?


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## AmATigger (Mar 2, 2016)

macmad said:


> Unused pasture. Take the fence down and leave it down. If he wants to run anything in that pasture in the future, he can put something back up.


If you choose this route, you will need to put markers up anyway, to prevent confusion later. Tearing down the current fence and rebuilding it in the new location isn't necessarily that expensive for the area you're talking about... t-posts (every 8-10ft), a post driver, a stretcher, and a few rolls of barbless wire.


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## AmATigger (Mar 2, 2016)

Meinecke said:


> Sooooo...
> We finally had the talk...and surprisingly they sat back totally relaxed with a big smile on their cheeks...and when we explained our subject, they laughed and told us, that they were wondering and already waiting if the new owners would come and talk about or not...
> 
> Yay! Glad everything is working out for you. Now you just have to keep that area mowed!


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## Meinecke (Jun 30, 2017)

Thx for all ideas and your thoughts


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