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Nzoner's Game Room>Shared fences and eminent domain
007 07:29 PM 05-18-2018
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]
BucEyedPea 02:28 PM 05-19-2018
Originally Posted by 007:
yep, mentioned that earlier. They didn't give two shits about the issue. :-) that was a few years ago.
Oh! Too bad. Time to up the ante I guess.
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cooper barrett 02:35 PM 05-19-2018
Originally Posted by tooge:
If it’s still your property, why not just roundup everything on both sides of the fence?
A friends neighbor sprayed roundup on his side of a fence of ivy and he sued to have all the vegetation it killed on my friends side of the property. all said and done they settled for $2K.

You can trim or remove it but you can't kill it, yet if it dies from being pruned or cut back, so be it.
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007 05:44 AM 05-20-2018
I need a 25 foot privacy fence
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Comanche 06:02 AM 05-20-2018
Originally Posted by 007:
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.
You might want to consult with an attorney. In Missouri, the law provides that your neighbor can TAKE you piece of property after 10 years by fencing it in an open and adverse manner. If that fence is incorporating some of YOUR land, you need to legally oppose that action and get it rectified. This is a STUPID law in Missouri. Not all states allow for this.
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Skyy God 10:31 AM 05-20-2018
Adverse possession is a little more complicated than just the 10 year requirement.

I’m not sure they’ve met the open and notorious prong.

http://www.missouriruralist.com/stor...rship-9-125806
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Skyy God 10:36 AM 05-20-2018
Seriously, though, just run the Roundup cleanup plan by your neighbor.

I tend to doubt he objects.
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srvy 10:55 AM 05-20-2018
Looks like some of that is grapevine. Roundup is gonna get laughed at by grapvine its like the terminator. It will be back and will never stop.
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Buehler445 11:12 AM 05-20-2018
Originally Posted by srvy:
Looks like some of that is grapevine. Roundup is gonna get laughed at by grapvine its like the terminator. It will be back and will never stop.
Saw it off and soak the stump with 2-4D or tordon and you’ll get it.
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srvy 12:43 PM 05-20-2018
The best thing you can do is bite the bullet and get a legal boundary survey by a licensed surveyor. Have pins recovered and reset if missing with encroachments shown to yours or adjacent properties. Then have fence line stakes set along property line with inter visibility. This will show your serious about your property rights and end any adverse possession nonsense. It will be an expense but what is your land worth to you.

Also a mortgage survey is just that its not a legal survey and will not hold up in court its not a boundary survey and doesn't have an official seal and signature with license number of a registered land surveyor for the state performed. Its imo a fraud perpetrated by the mortgage lending industry to satisfy title insurance companies. Look at your certificate closely a legal survey will show corners set and what was set or found. It will clearly state that a legal boundary survey was made with date and a signed and sealed certificate of survey with registered land surveyors license number.

A mortgage survey in fine print will state not a boundary survey with an official looking seal. Scrupulous surveyors do this because its easy money for the out the garage door surveyor. He can do 5 to 10 in a day at 100 to 150 a pop for a mortgage company and it satisfies a title insurance company.
[Reply]
mlyonsd 12:57 PM 05-20-2018
Originally Posted by Buehler445:
Saw it off and soak the stump with 2-4D or tordon and you’ll get it.
Tordon is death in a bottle to annoying zombie plants.
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srvy 02:44 PM 05-20-2018
Originally Posted by cooper barrett:
Contact your mortgage company and title ins. Co and get the site survey that was done to get title insurance. Review it, find the stakes (paint them clearly and then file a claim with them. I did that and Home Savings (MO) bought the land in question from my neighbor and covered all costs.

I would say that a letter from your title insurance co to theirs will have them knocking on your door with little delay and in a amicable manner wanting to resolve the problem.

You will get nowhere with a claim for maintaining a property other than your own in court but if you like legal receipts, go for it.
Bullshit I can safely and laughably say none of this happened. Cooper PLS # and State of license please.
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MahiMike 05:33 PM 05-20-2018
There's a realtor term for land vertically to the sky. Forget the name. But basically he can go vertical but not horizontal.

You should ask him nicely to take it down. Or you could put your own shrubs up to hide his.
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fan4ever 05:41 PM 05-20-2018
Ever see the movie "There will be blood"? Drill at an angle from your property under the root system of the annoying plants on his side of the property, slide in a pvc pipe and pour in herbicide.
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srvy 06:40 PM 05-20-2018
Originally Posted by MahiMike:
There's a realtor term for land vertically to the sky. Forget the name. But basically he can go vertical but not horizontal.

You should ask him nicely to take it down. Or you could put your own shrubs up to hide his.
There are aerial easements where a building is built near a bridge or highway overpass?

As for trees that is dependent on State statutes but most states a trees ownership is center line trunk at a point 3 feet above ground level in relationship to the property line.

I dont know about brush and undergrowth. I do think that where property lines and fences are involved most cities and municipalities require owners and adjoiners maintain each side along really all their property. Overgrown property is considered blight and a rodent nuisance. In KC they can issue citations fines and contract a landscape service to bring to code and mail you the bill.
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threebag 06:50 PM 05-20-2018
Looks like you should have resolved some of this issue 14 years ago. I know that doesn't help now, but it feels good typing it out.
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