I put a wire fence up about 29 years ago,and I went over to my neighbor that lived there at that time and told him I was putting up the fence and he said OK… So I put the fence up and he never said anything about where I had put it,he was fine with it… Well 29 years later I have a neighbor now that in wanting to ut upon a fence of his own, we have found out that I put my fence up about 3 ft on his property. At first he said not to worry he would put His fence on the other side of mine. But about a month ago I woke up to him tearing down my fence and cutting down my trees and erecting a construction fence. I consulted an attorney and he said we could have used adverse possession but because I told the original owner I was putting up a fence I had asked permission ? So…what I’m wondering about is? What can I do now to keep my property, and about him cutting down my fence and trees that has been there for 29 years …? What are my options ?
I don’t have anything to add legally, but if you already consulted a lawyer what further info are you looking for?
My neighbors on one side of me put up their own fence about a foot and a half into their own property, before I moved here. (Bad advice - IMO - from their fence guy, who thought they should ensure access to the other side.) But when I planted some shrubs, I was careful to measure from the property line and not from their fence. My neighbors are a couple of the nicest people alive, but you never know who might be living there one day.
it could be that if you exercised the adverse possession with the previous owner or before the current owner did the above then things would be different.
now the current owner knows the true property line and is acting on it.
ianal
Are you trying to keep your property, or are you trying to keep the extra three feet that you thought was your property?
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Since this involves advice and opinion as well as legal issues, it is better suited to IMHO.
Moving thread from General Questions to In My Humble Opinion.
What’s the problem? You encroached on his property and he’s taking it back.
I’m not getting the issue. Your attorney has told you the property and the trees your neighbor is cutting down belong to your neighbor, not you, as you incorrectly encroached when you placed your fence originally and you lost adverse possession as you asked and were granted permission to place the fence. What landmarks did you use to place the fence originally?
Your neighbor is correcting the error you made in placing the fence. None of the stuff he’s taking back is “yours”. It might pay for you to get a basic home lot line survey done.
Were the trees he cut down on your property or on his? If they’re on his property, then they’re his trees.
Well, the dude’s a dick for doing that and not warning you. And I’m not sure what his deal is. I don’t see why he wouldn’t just share your fence and let you mow part of his yard. I’d be more worried if it were a permanent structure like a garage or additional room on your home that was encroaching on my property. But a fence and some trees? “By all means, improve my property at your expense,” I’d probably say.
On the other hand I suspect he’s legally in the clear. There are plenty of dick moves that are legal though.
In the future make sure any trees you plant (if you even planted these) or fences you erect (heheh I said erect) are actually on your property.
are you saying good fences DON’T make good neighbors?
The complaint is he’s doing what he wants to do on his property? I don’t think you get much of a say in that.
Have an actual survey done and stake out the property line. Look up the ordinances for fences, usually they must be set back from the property line, if his new fence doesn’t have the appropriate set back you can force him to reinstall it correctly just to be vindictive.
In order for property to be subject to adverse possession you have to have claimed the property without consent. If one is ever concerned about someone adversely possessing your property one of the strongest defenses is to explicitly grant them permission to use the property with documentation. If it is understood one party granted permission, the property possession is not adverse and the owning party can rescind permission at any time.
Based on the facts you’ve presented the previous owner granted permission, the new owner is within his rights to rescind it. Legally the action he took was the right one, he needs to take action to ensure his property remains his.
You now have him as a neighbor choose your battles wisely.
Of course as a scene setter it would be nice to know scale: are we talking a fence line between hundred acre farms or tightly packed suburban homes?
Either way however any action he might be taking on his property is his to take without regard for your feelings.
Your fence? Your trees? On his property? They are not yours, they are his. One thing I notice that was absent in this query was any idea of paying the owner for his property (and his troubles).
I’m kinda feeling for your neighbor more than you.
This was a month ago. So, it’s all completed at this point, right? It only takes a few days to tear down and put up a new fence. Have a new survey done and make sure everything is where it should be, and be happy he didn’t stick you with any of the bill.
What I’m trying to find out is’’ if you go and tell someone you are putting up a fence and they say ok’'is that asking their permission to put up the fence or you just informed them your putting up a fence ? I wasn’t asking for my old neighbors permission to put a fence on my own property, but my attorney said I did ’ I don’t understand that,can someone explain how he came to that ?
In any logical context that’s assumed permission because he could say “no”. Trying to spin this up as an adverse possession case when you are clearly in the wrong is kind of waste of everyone’s time and if you pay an attorney will be dollars lost for you as well. You need to move on or offer to buy the property slice if it’s that big a deal to you.
So it is now your contention that you meant to steal your neighbor’s property without his consent 29 years ago?
Cause that’s the story you’re going to have to stick to, to have any argument against your current neighbor.
Why not ask your attorney? The law is going to differ from place to place and a local attorney is going to be more familiar with it than random non-attorneys on the internet.
I feel like you just want someone to tell you what you want to hear.
You got to enjoy property that wasn’t yours for 29 years. you’ve never paid any taxes on that property. You didn’t offer to purchase it. What exactly are you hoping for as an outcome?
Taking someone else’s property even if you had legal means to do so is not a simple process. Are you prepared to spend thousands of dollars in legal fees? pay back taxes owed? live next to someone who views you as a theif?
His property. Then, now, whenever. Story ends here.
If it’s not in writing that you had an easement w/ the previous neighbor then after the new neighbor (who no doubt had the corners surveyed) discovered that you were encroaching on his property, you have no legal leg to stand on.
IANAL but man do I have property line issues.
I’ve mentioned in another fence line thread, adverse possession is not as easy as horror stories on the internet make it seem to be.