I'm at a loss for words after conversation with neighbor

[chubbs]

Neighbor came over tonight while I was mowing to tell me about the stakes in his yard. I've only spoke with this neighbor once in the 2 years I've owned this property.
Ok, back to the story. He told me he had a survey done because he's putting in a chainlink fence. Well the survey stakes are about 18 feet into his property farther than what has been the property line for the past 60 years or so. He claims I own within 6 feet of his house and 4 of his trees and half a shed. I wasn't sure what to say, other than "Ok that's interesting". Of course now he wants to know what my plans are for the two trees he wants cut as they overhang his home. I'm never one to not say much, but I'm lost for words. Who gives up land voluntarily and no I'm not cutting those trees right now.

 

[bwframe]

 

[The Bubba Effect]

Have you ever had a staked survey of your place? If not, I would order a staked survey of my place so I knew what I had.

Also, keep in mind that your neighbor is probably freaking out because he was just going to put up a fence and now he thinks you are going to tear down his shed or try to squeeze him for money or property.

If you intend to squeeze him, you better get enough that you can move.

 

[WebSnyper]

Would think there would be some kind of survey done when you bought your place? Seems like that and the record of the Plat the county should have? Also seems he's trying to immediately turn what has been his problem (for years?) into your problem.

 

[rob63]

Some excellent words in the previous two posts!

It doesn't sound like you have a desire or use for the land to extend that far, and his comments on the trees may simply be him staking out a negotiating position for fear that you will try to play hardball. I would simply be frank with him regarding what you think about the situation, and to answer your question, I don't see anything wrong with simply giving him the land that you previously assumed was his. In fact, that is precisely what I would do in this situation. I would, however, get another survey done just to make sure there was no mistake.

Like you, I would do nothing about the trees while resolving this, and if you do indeed give him the land, I would expect him to pick up whatever costs are associated with the process.

 

[jake blue]

I'd be throwing a bigger fit about his plans for a chain link fence. They're unsightly and left unmaintained drag down the value of adjacent property. Many HOAs ban that style of fence.

As for the property line dispute and who-owns-what, I agree have your own survey done and if the trees are indeed yours the biggest issue is whether this neighbor is trying to establish this point so if they later fall on his property you both have prior agreed it's your responsibility. Then don't be surprised if that's exactly what happens in the near future! My aunt's neighbor is a nice guy but made a point of constantly pointing out a branch her tree hung over his yard so I took out that side of the tree and even replaced the one broken fence slat it cracked on it's way down just so a strong wind wouldn't send it into his house.

If this neighbor's a PITA I'd remove the trees and my half of the shed! LOL

 

[BiscuitsandGravy]

 

[chubbs]

On Monday I'll be getting with the company who did the survey when we bought our place. The small township we got annexed into had the towns property surveyed a couple years ago by the company the neighbor just used, every since then people have been disputing lines as it changed what everyone had done in the last few decades. Something about a street that wasn't there originally there but was later added. Town board said this has been a thing the last few years between neighbors. I'll be at the town meeting in two weeks. The neighbor on the otherside of him is pissed as he is 18 ft onto them now.
As for the fence, I don't care if he puts one up. I have an 8ft privacy fence so I don't see over there. I've got an acre and a half between his property and my house.

 

[femurphy77]

I had a similar issue several years ago; we had just moved into a place in Greenwood. One of the improvements we were planning on making was a drive thru gate on one side so I could park a trailer in my backyard.

I had dug the new corner post hole and covered it with a piece of plywood and a couple of concrete blocks intending on setting the post the next day. When I came home from work the next day I noticed the concrete blocks thrown out into the yard near the sidewalk so walked over to investigate. What I found was the plywood had been thrown over into the back yard, the hole had been filled in and several of the boards in the wooden fence had been damaged presumably by someone hitting it repeatedly with one of the blocks.

As I stood there scratching my head my new neighbor walked over in a RAGE screaming about fence lines, encroachment, the history of how many times he and I had discussed the fact that my fence was 3 feet into his yard. I immediately pointed out the fact that I was about 300 pounds smaller than the previous owner, he and I had NEVER spoken prior to that moment and that the survey that is typically done for a real estate sale did not indicate a problem with the fences.

He ratcheted down several levels, offered to re-dig the hole, etc and I told him to leave everything as it is until I get a staked survey. The survey showed that all was as it should be.

Funny thing is he turned out to be the best neighbor I ever had; the Kravitz's lived a couple of doors down on the other side but that's a story for another day.

Short version, get a staked survey, have him move his storage shed, trim YOUR trees so they don't overhang his house and find out what kind of beer he likes to show you are a big enough man to call it a mistake corrected and move on.

 

[fullmetaljesus]

If the entire neighborhood is shifted one way sounds like the survey crew is high. Get a different company out to survey. If his shed is in fact in your yard send him a bill every month for rent.

 

[chubbs]

Short version, get a staked survey, have him move his storage shed, trim YOUR trees so they don't overhang his house and find out what kind of beer he likes to show you are a big enough man to call it a mistake corrected and move on.

This is our game plan. Sure, it costs me a bit of cash it shouldn't. But if its mine, I have a friend who owns a tree company, so I'll have them trimmed as needed. The funny thing, property on my otherside who is still outside of town limits was just surveyed and it was exactly where it should be.

 

[Bugzilla]

Something is wrong if one side is where it should be and the other side isn’t. I would get the plat from the county to reference. Most are on line now. Neighbor had a survey done when I lived in Lafayette and all the lot lines on the county road shifted east about 6 feet with the “more accurate “ system they had with homes that were there for decades. The county reverted to the original survey lines.

 

[Doug28450]

 

[Hawkeye7br]

Just sell him the land that the trees and shed sit on.

Seriously, this happened to me many years ago. Bought a house owned by a bank, physical property lines didn't match the deed. Banker said this was pretty common when dealing with older properties. Surveyors from the 1940's to 1980's didn't have the tools that are now commonplace. Banker said don't worry about it, what you see is what you get.

Nobody is going to change the property lines in an old neighborhood because there was a typo on a deed 50 years ago and every property in the neighborhood is off a few feet.

 

[Pepi]

Chainlink fence = barking dogs

 

[Butch627]

I would pay to get my own expert in on this, In case the neighbor sells or gets goofy or you or your survivors do at some point get it straightened out now. I would not give up one inch of my own property without money changing hands and legal papers as they are not making any new land anymore but thats just me.

 

[1DOWN4UP]

Neighbor came over tonight while I was mowing to tell me about the stakes in his yard. I've only spoke with this neighbor once in the 2 years I've owned this property.
Ok, back to the story. He told me he had a survey done because he's putting in a chainlink fence. Well the survey stakes are about 18 feet into his property farther than what has been the property line for the past 60 years or so. He claims I own within 6 feet of his house and 4 of his trees and half a shed. I wasn't sure what to say, other than "Ok that's interesting". Of course now he wants to know what my plans are for the two trees he wants cut as they overhang his home. I'm never one to not say much, but I'm lost for words. Who gives up land voluntarily and no I'm not cutting those trees right now.

Is there a fence already up.I had a similar problem years ago,and after neighbor paid for survey, I gained 10 ft which had the p.line 3 ft. from neighbors house. She went nuclear . If a fence has been up for 10 years and no dispute over property lines, I think the wronged side looses in Indiana. Search " Indiana fencing laws"

 

[chubbs]

Chainlink fence = barking dogs

Even worse, little kids....

 

[Frosty]

Even worse, little kids....

Oh lawd no! Not a gaggle of screaming little kids!

 

[GodFearinGunTotin]

Regarding the shed being over on your property, beware of adverse possession. If it’s been there for more than 10 years, he may have a case for claiming that portion of your property. Sounds like there may be other issues that would muddy the waters. But if anyone ever sees a neighbor possibly encroaching on a property line, take action sooner rather than later.