Neighbor pissed off my wife, now he is losing 30 feet of "his" property

[Melensdad]

My wife wants a fence down our property line.

I called out the surveying company with the most experience and best reputation in the area, (same one used by the county in disputes!) had them stake the property line. We already a very good idea that the neighbor's driveway was about 12" on my side of the property line. The neighbor and I spoke about it several years ago when I showed him my unofficial property line survey using my GPS, a contractor's laser, satellite images, etc. He and I shook hands and agreed that he was on my side of the property line. I told him that since we agreed, then I would continue to let him use a bit of my land for his driveway.

Now my plan was to have the fence run about 12" off the property line, simply to be "safe" and doing so will have the fence running RIGHT ON THE EDGE of his drive. I don't think that will be the problem, I think the problem is that he will lose, due to the ANGLE of the line, about 30 FEET of what he thought was "his" back yard. Despite the fact that I found one of my old "unofficial" survey stakes out in the woods showing him that it was mine. My "unofficial survey stake was actually about 5' off, giving him an extra 5'. Its now moved taking away that 5' and another 25' that he has been mowing & fertilizing.

Now that there are official stakes in the ground I'm waiting for a phone call from him asking what I am planning to do with the stakes.

 

[Cowboy]

If I remember right this is the same one that caused you grief before, you can only do so much to get along & it sounds to me like you have went above and beyond.

Best to get it cut in stone now IMO and if he continues to be an asshole I wouldn't let him have any use of any of your property. It sucks it has to be that way but seems to be the way he wants it. Best of luck.

 

[Melensdad]

Well I just got off the phone with him.

Rather than start up another argument I simply said it was for dog control on my side of the property.

I already have a decorative fence on the front of the property, that fence will be enhanced with a front entry gate at the new driveway. At the middle of the joint property line the two fences will be connected to mark the property line. So starting from the street, going down the property line to roughly where my guest house sits, there will be a decorative fence. From that point back it will change to a privacy fence.

To be extra-double (belt and suspenders) safe, I will have the fence sitting 12" on my side of the property line. By positioning the fence 12" inside my property line there can never be any dispute over the location of the fence.

 

[muleman]

Had that dispute with an old neighbor down in lower Pa. He spent over $1,000 for the surveyors to tell him what nice straight fence we had put up. I stayed 2 ft. inside the line so I could spray and trim trees on his side. I would be demanding he meet setback requirements so it is not a blight on your deed down the road. But then I am a prick about those pesky legal boundaries.

 

[tiredretired]

I'm not a lawyer but I have some past & present experience in very similar matters such as this. Laws differ from state to state. Items to be looked at here:

1. Did he ask and was granted use of a portion of your land?
2. How long has he been using this land and keeping it up as if it were his own?
3. It is entirely possible under some states laws (my state being one of them) that in a similar circumstance, one could lose that land after allowing someone else the use of it after a certain period of time, if the neighbor was so inclined.
4. I am no lawyer, hire one and know the law.

 

[Melensdad]

1,2,3 and 4 . . . he and I discussed this in the past. He and I agreed to him paying me a nominal rent to have his driveway cross my property line. He and I agreed on the fact that he was, in fact, crossing my property and that it was, in fact, my property. The laws of "adverse possession" have been nullified because of his consent that it is my property, that he didn't initially realize it was not his but agreed that it was mine, and that he agreed to pay rent for its temporary use.

FWIW There are no setback issues.

By staying about a foot on my side of the property line my post holes will be RIGHT AT THE EDGE of his driveway.

Its hard to tell from the photo, but back at the tree line the stake identifying the location of the property line is a full 30' farther into what he thought was "his" yard.