Thoughts on neighbors encroaching property

[DaneGer21]

Long story short, came home from work today and the neighbors put up a fence for their chickens. The fence and posts go beyond and around a clearly marked property stake by about two feet onto our property.

My wife and in laws say not to worry about it and just let it go.

But, my dad says legally after time they would be able to claim that land as theirs if we don’t speak up. I haven’t looked up exact Ohio laws but there is such laws, I’m just not sure of a timeframe.

I really hate to be “that guy”, but I also don’t like the thought of working hard to purchase this property only to have some be potentially taken.

Thoughts?

Thanks.

 

[CMMorgan]

Be that guy.

 

[OlderManSea]

If you are not that guy you will be very sorry. And, your neighbor is being a thief.

 

[((FORDTECH))]

Long story short, came home from work today and the neighbors put up a fence for their chickens. The fence and posts go beyond and around a clearly marked property stake by about two feet onto our property.

My wife and in laws say not to worry about it and just let it go.

But, my dad says legally after time they would be able to claim that land as theirs if we don’t speak up. I haven’t looked up exact Ohio laws but there is such laws, I’m just not sure of a timeframe.

I really hate to be “that guy”, but I also don’t like the thought of working hard to purchase this property only to have some be potentially taken.

Thoughts?

Thanks.

I’m pretty sure I’ve heard that before as far as after time it becomes there property. But I’m sure every state is different. If you was talking few inches maybe I’d let it go but 2 feet that pushin it. Why would they think it’s ok to do that? If it was me I would confirm the property line and have it taken care of

 

[((FORDTECH))]

Long story short, came home from work today and the neighbors put up a fence for their chickens. The fence and posts go beyond and around a clearly marked property stake by about two feet onto our property.

My wife and in laws say not to worry about it and just let it go.

But, my dad says legally after time they would be able to claim that land as theirs if we don’t speak up. I haven’t looked up exact Ohio laws but there is such laws, I’m just not sure of a timeframe.

I really hate to be “that guy”, but I also don’t like the thought of working hard to purchase this property only to have some be potentially taken.

Thoughts?

Thanks.

Pretty much your neighbor just came up on 2 more feet of property for free that you paid for....

 

[vetteguy53081]

Land is part of your property value for which you pay tax.
I would Kindly address the issue making thm aware that the fixture is on your property and should you ever go to sell, it may become an issue

 

[DaneGer21]

I could see if the stake was buried or had been covered by leaves, but it’s a piece of rebar that sticks out of the ground about 1.5’ with bright orange tape from the survey company when we purchased the property 3yrs ago.

 

[((FORDTECH))]

I could see if the stake was buried or had been covered by leaves, but it’s a piece of rebar that sticks out of the ground about 1.5’ with bright orange tape from the survey company when we purchased the property 3yrs ago.

What vette says

 

[IKD]

Get your property marked by the city and build a fence and take 2 feet of his new coupe LOL

I would talk with your neighbor about it. Could just be a misunderstanding

 

[Uncle99]

Not acceptable IMM.
In any jurisdiction, one must “exercise control” over property, or, as you said, over time, it becomes the others property. This can take decades but nevertheless, you should put up at least “markers” at the property line. Keep dated pictures of these markers, every 5 years.
A good neighbor would understand I would think...

 

[CMMorgan]

If you do not deal with it diplomatically now, it will eat out you until one day, you hop on that riding mower and accidentally plow through the fence. Mayhem will ensue, chickens will be running everywhere and you will have egg on your face (literally.)

 

[DaneGer21]

Get your property marked by the city and build a fence and take 2 feet of his new coupe LOL

I would talk with your neighbor about it. Could just be a misunderstanding

Unfortunately we are out of any city limits, so I’d have to cough up the money to reverify the survey/markers(which we paid for when purchasing the property).

Not acceptable IMM.
In any jurisdiction, one must “exercise control” over property, or, as you said, over time, it becomes the others property. This can take decades but nevertheless, you should put up at least “markers” at the property line.
A good neighbor would understand.

All of our property markers are in place and visible. When we purchased this property we paid to have a survey done with markers.

As said above, these markers are about 18” tall with orange tape. Which is now CLEARLY inside the fence.

 

[DeNovice]

It’ll become an issue if either of you try to sell. You’d honestly be doing the in laws a favor by pointing it out now, especially if it was an honest mistake. That’s a tough spot to be in. Good luck!

 

[Reefer Reboot]

Your neighbor didn't mind being "that guy" so why should you. Hopefully it's just an "honest" mistake and he will correct it. If not then stand up for your rights and fight fire with an inferno.

 

[((FORDTECH))]

Unfortunately we are out of any city limits, so I’d have to cough up the money to reverify the survey/markers(which we paid for when purchasing the property).

All of our property markers are in place and visible. When we purchased this property we paid to have a survey done with markers.

As said above, these markers are about 18” tall with orange tape. Which is now CLEARLY inside the fence.

Well if the markers are still there should that be good enough to at least bring up the conversation with them

 

[zalick]

It’s called adverse possession. I cannot speak to Ohio law and I’m not giving legal advise.

But adverse possession require time and “adversity” ie without permission.

at the moment it’s arguable either way: implied permission or no permission

The time component is long: if I remember it’s about 20yrs.

I’d be that guy for sure. You are not being a jerk at all. Just kindly ask him to move it to the property line.

 

[DeNovice]

Long story short, came home from work today and the neighbors put up a fence for their chickens. The fence and posts go beyond and around a clearly marked property stake by about two feet onto our property.

My wife and in laws say not to worry about it and just let it go.

But, my dad says legally after time they would be able to claim that land as theirs if we don’t speak up. I haven’t looked up exact Ohio laws but there is such laws, I’m just not sure of a timeframe.

I really hate to be “that guy”, but I also don’t like the thought of working hard to purchase this property only to have some be potentially taken.

Thoughts?

Thanks.

I believe it’s 7 years here in Ohio.

 

[zalick]

It’s called adverse possession. I cannot speak to Ohio law and I’m not giving legal advise.

But adverse possession require time and “adversity” ie without permission.

at the moment it’s arguable either way: implied permission or no permission

The time component is long: if I remember it’s about 20yrs.

I’d be that guy for sure. You are not being a jerk at all. Just kindly ask him to move it to the property line.

Hypothetical in the state of Pacifica:
If you do tell him to take it down, and he doesn’t, he will own that land after 20yrs.

 

[Uncle99]

Unfortunately we are out of any city limits, so I’d have to cough up the money to reverify the survey/markers(which we paid for when purchasing the property).

All of our property markers are in place and visible. When we purchased this property we paid to have a survey done with markers.

As said above, these markers are about 18” tall with orange tape. Which is now CLEARLY inside the fence.

Then you have no property issue, just a barrier.

 

[((FORDTECH))]

Unfortunately we are out of any city limits, so I’d have to cough up the money to reverify the survey/markers(which we paid for when purchasing the property).

All of our property markers are in place and visible. When we purchased this property we paid to have a survey done with markers.

As said above, these markers are about 18” tall with orange tape. Which is now CLEARLY inside the fence.

Technically if it truly is on your side of the property line can’t you just take it down ? This is what I would do after I first asked nicely. If I didn’t like the answer I would tell them I am going to take it down myself and then I’d bust out the sledge hammer