Thoughts on neighbors encroaching property

[((FORDTECH))]

Make sure to do any of this before they get the chickens so it can be done easier

 

[zalick]

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.

21 years in Ohio:

https://www.nolo.com/legal-encyclopedia/who-can-claim-property-based-adverse-possession-ohio.html

 

[DaneGer21]

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

I’m just trying to keep things nice. Worst thing ever is having a neighborly feud.

 

[DaneGer21]

Make sure to do any of this before they get the chickens so it can be done easier

They already have them! I work 10hr days, so the fences AND chickens were done while I was away at work.

 

[DaneGer21]

I appreciate everyone. I/we are a younger couple in our 30s, so this is a first for us.

Sounds like I’ll be taking a walk down the driveway.

 

[IKD]

Make sure to do any of this before they get the chickens so it can be done easier

Well, if you open the back of the coup and the chickens enter your yard, are they now your chickens? Haha

 

[Staghorn]

I wouldn’t waste time or money taking down the fence or moving it for him. I would bring it up to him and since you currently have a survey marker on your property line you have some kind of proof. If he thinks he’s in the right and tell him to pay for a new survey. If he gives you a problem about it I would make sure to file some kind of grievance now so that if this does can I get resolved right away at least there is a paper trail.

 

[Staghorn]

Coincidently I just installed a fence for my chickens the other day and went way over onto the other neighbors property and he hasn’t said anything!

 

[((FORDTECH))]

My neighbors dug a trench in my lawn 50 ft long 6-8 inches deep instead of fixing there gutters to try to funnel the water away from there house when it rains. I came home from work one day to find this. The kids play here and I did not want them to twist an ankle or something cause she to cheap to fix her gutters. First I took pictures and sent it to them. And then 1 min later I went out there and filled the trench in. I happen to have a pile of dirt I wanted gone anyways so I used that. She told me her father did it without telling her and she was very sorry. Obviously not same as losing property but same cause they did it to my property

 

[DaneGer21]

Here is a screenshot of our property. I marked the area in purple to show for reference. Obviously it’s only for a quick reference.

Yes we have 20acres, but gosh darn we worked hard to get it!

 

[burningmime]

Judges give longer sentences in the morning than just after lunch. So before I have to anything that might be confrontational -- talking to a neighbor, boss, what have you -- I take a shower, eat something good, pet my cat, talk to my girlfriend, watch my fish, dose my kalkwasser, and go in with a smile and good attitude. But you kinda gotta do it.

 

[((FORDTECH))]

Here is a screenshot of our property. I marked the area in purple to show for reference. Obviously it’s only for a quick reference.

Yes we have 20acres, but gosh darn we worked hard to get it!

Does not matter how many acres you have what’s yours is yours and yes you worked hard for it and paid for it

 

[fish farmer]

I wouldn’t waste time or money taking down the fence or moving it for him. I would bring it up to him and since you currently have a survey marker on your property line you have some kind of proof. If he thinks he’s in the right and tell him to pay for a new survey. If he gives you a problem about it I would make sure to file some kind of grievance now so that if this does can I get resolved right away at least there is a paper trail.

I agree with this. Was your property survey posted at the town clerks? Mine is, so it is legal on the town records. I'd bring it up with him nicely and give him a time frame to remove it/rebuild on his property.

 

[reefinatl]

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.

Your dad is thinking of prescriptive rights, or adverse possession. Timeline for either varies by state. That is a real thing and technically could be applicable here but mostly it is rural area where someone has farmed across a line for a decade and paid taxes on the acreage being maintained, or a squatter on vacant land openly lives and pays taxes on the land. Those would be adverse possession where they actually gain title to the land.

Another thing that can happen is if people typically cross your property over time to the point it is a well established path and common practice. If you one day 10 years later put a gate on that path you could lose in court as they've gained rights to an access easement by prescriptive rights.

In the case of a chicken fence over the line if you have a good relationship with them it wouldn't hurt to have a quick conversation about where the property line is and follow up with an email or signed paper. You effectively at granting them an easement at that point.

If you dont like your neighbors hire a surveyor then cut the fence down at the marks and fire up the rotisserie.

 

[reefinatl]

I agree with this. Was your property survey posted at the town clerks? Mine is, so it is legal on the town records. I'd bring it up with him nicely and give him a time frame to remove it.

All property is filed. If it's not it creates a legal nightmare. The question is where that land described on the paper is on the ground.

 

[reefinatl]

Here is a screenshot of our property. I marked the area in purple to show for reference. Obviously it’s only for a quick reference.

Yes we have 20acres, but gosh darn we worked hard to get it!

Those GIS lines are never perfect. Typically scaled in from old paper tax maps and placed over fairly decent aerial imagery. Positionally they tend to be off 3-10 feet. I've seen far worse and far better than that range.

 

[CrimsonTide]

You definitely need to tell them soon. I know you probably aren't using that area much but it probably was the people building it not noticing or he thought you wouldn't care. That's a lot of land and you worked hard for it. Looks like there's a lot of houses touching your property so hopefully this doesn't happen with someone else. Kindly explain to him that he needs to move it bc it can't be on your property and if you allow him to take 2ft from you the other neighbors might also do the same and you can't allow that.

 

[DaneGer21]

Those GIS lines are never perfect. Typically scaled in from old paper tax maps and placed over fairly decent aerial imagery. Typically they are off 3-10 feet. I've seen far worse and far better than that range.

I was only showing for reference. I have the actual survey plot in our firebox somewhere. Which like I mentioned, we paid “extra” for when purchasing this land.

 

[((FORDTECH))]

Coincidently I just installed a fence for my chickens the other day and went way over onto the other neighbors property and he hasn’t said anything!

Just like this guy did they are laughing about it :)

Here is a screenshot of our property. I marked the area in purple to show for reference. Obviously it’s only for a quick reference.

Yes we have 20acres, but gosh darn we worked hard to get it!

 

[Weasel1960]

I work for a municipality and they would not do anything more for you except recommend a licensed land surveyor which you have already done. This is a private property issue. If it is platted land like a subdivision or certified survey I am not sure occupancy applies without a deed selling that piece. If it’s a meets and bounds description those usually are less cut and dried depending on the surveyor and the description.

We usually recommend having a conversation (assuming your on good terms with the neighbor) and explaining the property boundaries. If that fails it’s a civil matter to be settled in court.