I have some problematic neighbors that allow a their weed and bush overgrowth to constantly take over the shared fence in my back yard. I trim this shit back multiple times per year and am getting rather sick of it invading my yard. What's really aggravating is that five feet of my yard is on their side of the fence. Unfortunately the fence has been there since before we moved in. It's a battle I'm tired of fighting.
I'm curious what others in similar situations have done. I've tried talking to them before but none of them give a shit since the growth from their weeds is on my side. Not their problem and all that BS.
Picture attached for reference. I don't think antifreeze and aids infected needles will help here. [Reply]
Every state is different but it's probably not as simple as "get it surveyed a move the fence" due to terms like occupation and adverse possession. Unless that fence was down I'm not sure the line can be moved. [Reply]
Originally Posted by Bob Dole:
Yeah. I've got 4 acres next to my 16 that I fenced 5 years ago, because the timber company that has it now doesn't care.
So, you're stealing land? Congrats. But if the timber company actually cared, and the fences are there less than 7 years, they can make you move them. Otherwise, after seven years there's probably nothing they can do. [Reply]
Originally Posted by Iowanian:
Every state is different but it's probably not as simple as "get it surveyed a move the fence" due to terms like occupation and adverse possession. Unless that fence was down I'm not sure the line can be moved.
Originally Posted by kccrow:
Not necessarily. Depends most likely on if there is a city or county ordinance. Generally, if a fence is wholly on his property, he is free to tear it down. You, again generally, only end up in situations like you speak of if the fence resides directly on the property line, known as a partition fence.
He may be able to tear it down, but he may not be able to put up a new one on the actual property line. [Reply]
Originally Posted by 007:
That's the problem. Eminent domain laws would support them because of how long the fence has been in place. All of the roots for this shit is on their side. I can whack all the crap down on my side but can't stop this shit from growing.
Eminent domain has nothing to do with this. Boundary laws are State specific I am a RLS in several States. The surveyor follows the boundary laws for that state but in the end any dispute of property lines is settled by a judge who has many options that can override state statutes. I imagine what you have is a mortgage survey to close your lone. Its not worth the paper its written on get a real survey where pins are set and encroachments located and shown on certificate. Talk to a land surveyor ask them to price a corners and encroachment survey and set fence line stakes. [Reply]
Depending on state in most cases where a fence is vs where it should be can be settled its called adverse possession. Most states required the adjacent owner has to make his intentions open and known.
This is a good guide to the law.
To acquire title to property by adverse possession, the possession must be open to the world, hostile to the interests of the true owner, exclusive, and continuous for the statutory period.
In Missouri its 10 years so the neighbor has to make it known to you his intention to make said property his. then the clock is running for 10 years. At the end of ten years and you havent corrected it then he can purchase this strip of property through a resurvey and plat of lot. [Reply]
I will add usually when fences or out building have to be removed it goes through the courts if land owners cant come to an agreement. When it gets to a judge anything is possible its a crap shoot. [Reply]
Originally Posted by Tombstone RJ:
He may be able to tear it down, but he may not be able to put up a new one on the actual property line.
Yeah, I'm not really sure. He will only get a sure answer by doing some code research and consulting an attorney about it.
There certainly is a lot of merit to your claim about how long the fence has been there. Over 10 years is normal to establish a boundary.
I'm not sure if he would have any testimony from the previous owners over who maintained the 5 feet of property on the other side of the fence for all of the years he didn't own it. If he's been there 14 years and hasn't ever maintained it but instead allowed the adjacent owners to maintain it, then he's most likely going to lose a property line dispute should it arise.
The big thing is, do the neighbors know the property line exists on the other side of the fence; do they try to claim that 5 feet as their own; and do they have any problem with removal of the fence or maintenance of his 5 feet of property on the other side?
I'd certainly try the avenue of saying to them "hey, I'm going to go on the other side of the fence here and maintain my 5 feet of property because the growth is getting out of hand and I can't trim it from this side, can you make sure you don't have anything like a garden hose lying close to the line that i'd hit with my trimmer?" See how that flows... If they say "hey that's my property..." well you'll know the position they are taking. [Reply]
This picture your property appears to be your fence. I dont know if your the original owner or if that fence was there before you bought. Just the way the chain link is installed tells me this. [Reply]
Originally Posted by BryanBusby:
Jack off in his front yard while screaming very loudly. After a few days of this, they'll understand who the alpha is and will resolve the issue.
