I forgot to mention if you don't have the funds to hire a lawyer and the neighbors refuse to work with you on a boundary line agreement, then make sure they have to pay the taxes on the property. You will have to call the tax office to discuss how to get this done. If your lot is 100 ft deep then you need to reduce your ownership by 680 sq ft. If they want your property then they need to pay the taxes. If you have lost your land then they need to pay the expense of owning and maintaining the property.

You are lucky you have decent neighbors who cut their grass. They at least worked with you to resolve the issues in an amicable manner. Mine on the other hand ripped out my survey stakes constantly. I had two performed to prove to them that their survey was inaccurate but they just got even nastier when I did so. They told me they were going to keep my property. But it cost them not only attorney fees but a $90,000 judgement that I made them pay. Unfortunately my original attorney failed to designate any expert witnesses so that I could recover my legal fees that I was entitled. I fired him but the damage was already done because by the time I realized what he did to my case, he had destroyed my ability to recover damages I was do. I had to pay another attorney to clean up the mess he made. I had $45K in legal fees that I was unable to submit into the courts as part of my damages. The neighbors attorney had tried to claim adverse possession which was groundless. They had none of the elements in which to claim they owned my land.

After the lawsuits were over, I swapped the lot for a smaller one in a nicer area away from the memories and the neighbors. I had only owned high rise condos and town homes so I was naive about buying dirt as I had horrible advice given to me when I bought the property. In gentrified areas, historical old neighborhoods and areas under re-development a buyer needs the best surveyors in town. Buyers also need to meet with the neighbors to make sure the surveys all agree. The original monuments are often incorrectly placed back in the early 1900's which makes everyone's property lines off on a block. My block had 7 properties with messed up boundary lines. Some of the issues are still ongoing. My neighbor refused to listen to me and I warned his daughter over and over that they were going to lose. She and her brother cost their father a lot of money. It cost me $95K in legal fees by having attorneys that were not looking out for my best interest. After the case was over I took my case to another attorney that said it should have cost me no more than $10K to have gotten the issue resolved. None of these guys have malpractice insurance so it is not worth trying to sue them and the TX Bar did nothing but tell me to file a malpractice suit.

I agree with Lydia, you're very lucky to have good neighbors. If your neighbors wouldn't agree to make a deal, your would have to obtain variances, etc which can be a lengthy and costly process.

I'm glad everything worked out.

My neighbor's Family used to own the house I bought that went into Foreclosure, I asked several times before making an offer if he was gonna make an offer and he said no. He then put up a fence 4 foot on my side locking my water meter on his side and refusing me entry to my water meter. He had a very sick wife so I didn't want to cause any problems. I went to the county and got the property lines which showed where my property is and also where he stole my land to have my trees on his land. He then tried to cover up the theft by jack hammering up the concrete patio which was ours that was under the fence and as he did this he cause huge cracks in the whole patio and caused the concrete to cave in near the fence he put up so now his dogs come and go taking dodo's as they please. His house is now almost in Foreclosure as his wife past last July and my wife and I tried to give him time to grieve but instead of taking care of his bills he went gambling everything away and the house he purchased for $6,000.00 in 1985 now has a balance due of $129,000.00 and he is almost $10,000.00 in arrears in back payments. I have tried to talk to him about the fence and he stuck out his chest by locking the little crap gate he had up that is also on my land and putting a no trespassing sign up. My wife and I have tried and tried to be nice to this man and to do things neighborly, but my wife has Chronic Lymphatic Leukemia and Addison's Disease and she is only 57, he is 65 and he will turn up his Mexican music so loud my wife can get no rest and all this after we were so good to him and his wife during their time of need. I am so lost as to how to handle this, do I wait for it to go into Foreclosure to move the fence? What do I do, I have the same problem with him with some property in the back of the house and I am at my wits end! Any advice would be great, BTW he refuses to even look at the documentation of the property lines and is a huge meanie to me and my wife. Thanks Mak

Get an attorney, fast! If you can't afford one, see if your county or state has legal help for seniors. If that guy has the property for a certain amount of time (varies by state law) he can get an easement or the land itself. The fact that you were "good to him" doesn't count in a court of law.

The first thing your attorney needs to do is send a demand letter. He has to demand that your neighbor removes his impinging fence. He is trespassing on your land/property. But before you hire an attorney--- Interview a few real estate attorneys and make sure they have malpractice insurance and no conflicts of interest.Attorneys charge different fees so interview a few.

If your neighbor can't pay his mortgage he more than likely can't pay an attorney. He will have to find a pro bono attorney. You may want to order a 2nd survey from a surveyor that is an expert on boundary line disputes. Once you send the demand letter you can call the police and tell them that you are going to reclaim your property and attempt to do so. You have to wait so many days before you remove his fence. Also I would contact the utility company and ask them to intervene. He can't deny you access to your water meter. I would see if they can help you in anyway. I would ask the police if someone from social services can go over to see if he is mentally capable to handle his affairs. Since he is 65 he could have some dementia. He sounds a little unstable to gamble away that kind of money but now unable to pay his mortgage.

Find out what it cost to file a petition to sue him. If he can't pay his mortgage again he won't be able to pay an attorney to contest the petition. I just went through the process so this is where you need to start. I hope this helps. If you can't afford an attorney you can find a legal clinic to help you.

I have a neighbor that moved next to us almost 2 yrs ago and he put new Sprinkler system in and it's on our property My husband asked him to move it but he still hasn't and every Sunday when my husband wants to cut the grass he turns the sprinkler on does anyone know what we could do can we take it out if it's on our property?

Not sure where you love, but money spent on an attorney is well worth it. You are mistaken if you think asking nicely will result in a positive solution this person is unreasonable and will continue to make your life miserable and disrespect your property if left unchallenged. This is theft and he is a bully!

perimeter sprinklers are generally put in with all the spray going toward the owner's yard. if these are on your property and/or spraying into your property, i'd wonder if your neighbor hated the sunday lawn mowing. not an excuse, but something to keep in mind.

if your yard hasnt been surveyed lately and you don't have permanent markers in the corners, then have a survey done of that lot line. when the survey shows that yes, the sprinklers are on your property, you can proceed with a lawyer (or tell your neighbor you will)if the sprinkler line isnt moved. if the sprinklers are on the neighbors property after all, request they change the heads to ones that face just their yard.

I agree with the comments above. The survey is the first thing. After you get your survey results back you will need to send them a copy along with a certified letter asking that they remove the sprinklers off of your property within 7 days. If they fail to remove them then hire a professional landscaper to remove them and replace them with a nice row of tall grasses or shrubs. Depending on the state you might want to have an attorney write a demand letter.

My husband works 6 days a week and that's the only day he can do it and my health isn't good so I can't do it or I would We've never had a problem like this in 7 yrs that we've lived here. The people that used to live there died they were in there 90's wonderful people I really miss them But this is making it so we want to move because all the other neighbors aren't talking to us We live in a subdivision where your only aloud a 4 ft fence he put up in his backyard a 5 or 6 ft. chain link fence which we're not aloud to have should we turn him in for that?

The spray is going towards our home

We live in FL. and do you know if after 7 yrs if it's not resolved it becomes his property?

I was confronted by him last week and he called me a Fat F'ing B

All I asked him was my husband would like to talk to you and then that's what he said to me

Sandra, If you call your local Bar Association you can consult with an attorney for $50 for the first 30 minutes. If the neighbors are hostile then you need an attorney to help you. Don't even try to talk to the guy. What day you cut the grass is none of their business. If it's on a Sunday then that is the day you need to cut the grass. Also you need to obtain a copy of the restrictions in your neighborhood and meet with the Association to discuss what you have encountered. What they are doing is called bullying and you need to file a complaint. I would also call the constable or local police. If you can get a tape recorder or better yet I would video him on your phone calling you names that would be evidence for your attorney to file a complaint with the courts. Maybe you should upload the video to You Tube. Take the bully by the horns and make him accountable for his behavior. If you can sell and make a profit or break even I would sell. Find a nice home in a nice neighborhood with normal people, who don't act crazy. You won't get anything settled on Houzz. You have gotten suggestions and honest feedback. My neighbor next to my home was upset because I was building a new house next to his older home. He was yelling at me every day about my builders doing this and that wrong. I contacted open records in permits and found he had done all the work on his house without pulling any permits. What he accused us of doing is what he actually did himself. I called the city inspector out and had him deal with my neighbor. He left me alone and now they run when they see me. Sometimes you have to stand up to nasty people but you do it by learning how the system works. After I went through my court case I know how to go into the open records and find out anything I need to know. I don't tolerate bad behavior. Good luck!

Your neighbor is nasty, Sandra. I'm sorry you're having to go through this. If I were you I'd either put some barrier on the property line, bushes or a fence, or move. Who wants to even look at a b@stard like that.

I always work next door to someone, and I was very fortunate not to have any issues with anyone when working next door... At the same time, I don't disrespect people or their property next door, we always keep it clean after work is done and we always let them know that we will be working next door if we plan to do a large project.

I had one issue with one neighbor, it was a rental and I never met the owners, and one side of the property was considered to be zero clearance property line. The job was completed and when we had I believe it was Storm Sandy, one of his storm windows that was lose blew off his house and broke...(keep in mind the hose was never maintained probably in 75 years, chimney was about to fall off, basement windows broken and animals living there, etc)

He filed a complaint with the town and I showed them proof that the window was hanging before we started construction (always good practice to take pictures before you start any remodeling project).

When that didn't work, he filed a criminal complaint for trespassing and property damage, I met with a detective and showed him proof of everything and they dropped the matter.

So he took me to court, we met with an arbitrator to resolve this issue, again I showed pictures that the problem existed before we started doing anything, Arbitrator asked him what will it take for them to drop this matter, they asked for $300 and I said I wouldn't give you a dime if my life depended on... so they said they will let this go to court and I said fine, I'll see you there and that was the end of that... I never heard from them again.

Is the sprinkler system inside the fence or is that fence involved in the the sprinkler mess in any way?

Thank you for your help

The fence is in his back yard this is happening in the front yard

Wish you luck! Keep us posted on your decision.

Sandra, I thought about your problem today. I would start recording everything your neighbor does, keep a diary with dates and time and take pictures. When they turn on the sprinkler on Sunday mornings, call the police. Every Sunday that they turn on the sprinkler you need to call the police. You need to create a paper trail. Also go to the neighborhood association to discuss what you have had to endure. If necessary call the media. Sometimes if they have nothing better going on, they will come out and do a crazy neighbor story. I wish you luck.

Sounds good and Thank you

To both Mak Fish— AND Sandra Perriera

Sorry if this is a little disjointed – I seem to have combined your problems in my head.

BEFORE PAYING AN ATTORNEY ---

First, TAKE PHOTOS and VIDEOS of the fence, where the patio used to be, him turning on the sprinklers when you want to mow (mow at different times so he can’t claim it was on a timer), and keep a journal of what he does or says - including playing loud music – which is illegal at certain times of day or night in most cities and you can call the police to have him turn it down.

Second, write a letter to your neighbor and either deliver it to him yourself OR send it certified mail. In the letter inform him that he has built his fence on your property, tell him he is trespassing, and nicely ask him to remove it. Give him a reasonable deadline.

If you have a survey showing he has fenced in your property, include a copy with the letter and refer to it. If you are relying only on a city map and the neighbor’s claim is fairly close to what is shown on the map - you must get an official survey! First, find the ABSTRACT to your property. If you don’t have it, then the realtor or mortgage company will know where it is. There might already be an official survey in it. If that survey proves to be inaccurate, then you have a claim against the title insurance or the previous seller if you obtained title via a Warranty Deed which is different from a Quit Claim Deed. A warranty deed warrants that title to the land and boundaries as shown in the deed are free from error and they will pay to deal with any problems.

When writing your letters, BE NICE. The letters will likely become evidence in a lawsuit later and you want to be the nice guy. Never argue with this man or yell at him in public – always be reasonable no matter how unreasonable he becomes – especially if someone is taking videos!

To avoid losing your property to some else via adverse possession, you must take action to retake possession of the land and reassert your title. You have a number of years to do this – but the time period is different in different states. In Florida it appears the period is 7 years BUT it also appears that there are additional requirements such as payment of taxes and color of title – so find out what your state law requires. Findlaw.com has different state statues or Google your state’s laws and your city’s municipal code.

In a different post, I’ve set out the basic rules for adverse possession, but again, each state has specific laws about adverse possession. Google your state law or check out Nolo Press website or other free consumer websites.
However, as explained at the end, you can give him permission – WRITTEN – to use your land and it should never become adverse possession -- but again, EACH STATE IS DIFFERENT so know your state's laws or find a land use lawyer.

If the neighbor does not comply (which he won’t), then write a 2nd letter telling him you will be removing the fence if he does not do so himself by a date certain and mention that this is your final warning. Remember you are showing a future jury or judge that you have been more than reasonable and nice and have given him every opportunity work this out.

If you are absolutely certain the land is yours, you should be able to remove the fencing. However, the guy sounds like a powder keg waiting to explode, so have witnesses, a video camera and help to get the fence taken down quickly! If you cannot do the work yourself, you have the right to pay someone to do it and then sue the neighbor for the cost.

Either put the fencing on his property, or store it and write him another letter giving him a deadline to come get it or you will dispose of it.

Also, if he tore up your patio, you have a claim against him for the value of the property he destroyed (destruction of private property). Include this fact in your letter and ask him to reimburse you for the cost of replacing the patio. If you ever sue him on any of this, be sure and include a claim for this. The value is what it would cost you to replace it. Get some fair WRITTEN estimates of the cost so you will know how much to ask for and can use the estimates as evidence in court if needed.

REGARDING HIS SPRINKLER -- you have the right to the "reasonable use and enjoyment" of your property which means that -- even if the neighbor has the right to run his sprinklers -- he cannot deliberately run them when it will interfere with your mowing. If the sprinklers are pointing toward your property or otherwise interfering, the law considers them to be a "nuisance" and it is unlawful to maintain a nuisance on your property.

Excessive NOISE can also be a nuisance--such as loud music.

Your neighbor is trespassing every time HIS DOGS come under the fence. And, most cities now have an ordinance that says a dog owner must clean up his dog’s poop when the deed is not done on his own property. The fines can be steep – $150 or more for EACH violation. Report him! Take videos of his dogs digging under the fence and/or pooping.

These laws are found in both your state law and your municipal code. Both sets of laws can be found online. The city enforces the municipal code and the district attorney enforces state law. YOU can sue for violation of statutes but you also have rights that are not in statutes but belong to you via ‘common law’ - ask a lawyer. There is a lot of case law under “spite fences” and boundary disputes.

Go down to City Hall and ask whether the neighbor obtained a building permit to install his fence or his sprinkler system. IF not, he can be cited because he has to have a permit to do either one. If his sprinkler system is improperly installed and is causing a nuisance, he can be cited for that too – just like he cannot let his grass grow over 1 foot tall. Let the City inspectors do some of your work for you.


PERMISSIVE USE OF LAND CANNOT RIPEN INTO ADVERSE POSSESSION.

If you give someone permission to use your land, then that use should never ripen into adverse possession because one of the legal elements of adverse possession is that it must be 'ADVERSE' and hostile use without your permission. ALWAYS document these things – if you give someone permission to drive over your land or other permission for something else that might someday be viewed as adverse possession – be sure you have proof that you gave them PERMISSION and they should not be able to get title by adverse possession. If you sell your property or leave it to your kids, be sure to pass along the proof that the use is by permission. Future owners of your land may not want to have someone driving on their land. If you want the permission to be permanent, give the other landowner an easement. With an easement, the land remains yours, but they have the right to drive on it regardless of whether you sell your land to some one else.


To Sandra Perriera

Yes, you can make your neighbor comply with the neighborhood covenants that prohibit a fence over 4' tall. IF the fence is in violation of a city law, then the city will make him comply with the law– call them.

Otherwise, you, and hopefully your neighbors will join in, can sue the landowner for violating the covenants and force him to comply. If you hire a lawyer, be sure s/he has experience with property and land use law. Ask them for the case numbers of other cases they have filed involving boundary disputes, easements, covenants, nuisances, etc.

Check first to see if there is a local ‘neighborhood mediation’ service. Ask at city court and call the bar association and call legal aid and call whoever organizes homeowners’ associations in your area.

Be aware that sometimes the jerk neighbor’s homeowner’s insurance will pay their attorney fees OR the title insurance might foot the bill. This is not helpful when the unreasonable person gets essentially a free ride and has no incentive to settle!

Good luck!

BASIC PRINCIPLES OF ADVERSE POSSESSION --

The following is GENERAL INFO ONLY -- EACH STATE HAS DIFFERENT STATUTES and you must find out what your state law says.

There are normally four major requirements to obtain title to land via adverse possession:

1. Hostile Claim: The trespasser must either
-- be aware of his or her trespassing;
--- occupy the land (with or without knowledge that it is private property);

----or make an honest mistake (such as relying on an incorrect deed also known as "color of title),

2. Actual Possession: The trespasser must be physically present on the land, treating it as his or her own.

3. Open and Notorious Possession: The act of trespassing cannot be in secret.

4. Exclusive and Continuous Possession: The trespasser cannot share possession with others, and must be in possession of the land for an unbroken period of time. The time period differs according to each state's laws.

In some states, the adverse possession statute requires cultivation, improvement, or protection from a substantial enclosure on the land, and/or payment of taxes.

If the person claiming adverse possession has been given permission by the land owner to use or be on the land, then the requirement of "Hostile" is absent and a claim for adverse possession should not be successful. However, each state is different so this exception might not apply.

In most states, property taken by adverse possession is for the surface only and does not include mineral rights. Therefore, if someone has taken title to your land by adverse possession, you might still be able to claim title to the mineral rights.

Hello Thank you for your help he moved them! My husband said he new he was wrong and that's why he moved them.

But we are planning on moving we don't know where but somewhere with a little more land

$375 for a survey? I wish! I would have it done in a heartbeat. However, here in SE MI it is $1600.

I will tell you from what I know, I would have paid $1600 not to have purchased a 2nd lot from another builder that told me there was nothing wrong with the property. I bought this lot from him but it has a house sitting behind mine right on the boundary line. He didn't disclose the fact. Therefore I lost 7ft of my yard (mediation garden) because the builder failed to disclose the issue. This didn't show up in the survey and I'm now making a claim with the tittle company to investigate why. I think the builder knew therefore he pawned the lot off on me because he couldn't use the full lot due to the set back requrirements. Then this week he tried to run his fence all the way to the property line in the alley to pin me in and make it difficult to back down the alley. I called the city and have them working to require him to move the fence back a few feet. I don't know what is wrong with people that they have to be so dishonest but they are. It's all about pulling one over to make a profit off of doing people wrong. He made claims that the neighbor next to me had pulled permits to install a storm drain and his French drains. That was also a lie. Not only did they not pull permits but the guys property drains to the alley not the ditches. Any builder with a brain knew that so he decided to sell me the lot but not disclose all the issues. My neighbors horrible drain issues that the builder obviously didn't want to deal with became my issues. Therefore I feel he sold me the lot to use my property as a buffer between his house and my neighbor. The neighbors of course hate and blame me. They have no way to fix the issues but to raise their house and regrade. The house is really old and I don't think can take any stress. They will have to sell or sink into the abyss.

In the meantime my place of peace has not been peaceful due to the nature of the beast!

I have an interesting dispute with my neighbor, which I would like you to weigh in on. First, a little history:

The land was owned by a ship captain and included a 2-1/2 acre parcel. When he died, in the late 19th century, his five daughters inherited this parcel, which was subdivided into 5 half-acre lots, all with frontage on the local street (which is named after the captain). Daughters 1&2 decided to combine their lots and build a house on it. Daughters 4 and 5 built houses on their lots. Daughter 3 decided to subdivide her lot and built a house on one half of it. A house was built on it in 1890, which I purchased in 1989.

Although I did receive a survey of my property, done in 1970, I didn't check it out. There is an unpaved driveway running past my house, parallel to the property line, to a carriage house. There were shrubs between my house and the driveway, and a line of mature trees on the other side of the driveway, about 15 feet from my house.

About 12 years after I bought the house, the neighbor who had occupied the house on the first two lots died and his son inherited the land. He decided to have a survey done and discovered that the property line ran down the middle of my driveway, so he built a fence there (on his side). This line is only 7 feet from my house and, as a result, with the bushes, I could not drive down the driveway. So, I removed the bushes. There are old concrete monuments at both ends of the survey line, so I don't think there is any error in the survey.

I thought about suing for adverse possession, but decided not to because this neighbor has "deep pockets" and could easily outspend me in a lawsuit. Was I wise to drop the matter?

mtvhike: When you bought the property, was a title company involved?

Yes, we purchased title insurance (had to to get a mortgage).\.

Good! Have you talked to the title company?

I would go to the title company first to allow them to research the issues with the boundary lines. Many of the old historical areas have issues. The issues date back to the original placement of markers or pins. I'd also consult with a real estate attorney. There may be a law that your are unaware. To claim adverse possession you need to know what is required in your state, city county. Until a competent attorney reviews the documents, surveys and title policies, you won't know. Try to find a really good surveyor. There is always one that is old school and a true historian.

We have a neighbor who built a shed on the property line with the door facing our property, therefore needing to access our property every time they enter/exit the shed. They mentioned in passing that they were planning on building the shed and also the size, but never mentioned door placement. It is between our houses so to ask them to relocate it would mean moving it to a completely different area as moving back a few feet is not an option. How to approach this in a friendly way?

That was not friendly of them in the first place. Tell them to relocate the door and don't mince words.

Thank you mairece. I was thinking that being direct is our best approach.

See my problem in August 2014 postings on this site. There are just some people ... Good luck to you!

Jennifer, do some research on adverse possession. What your neighbors are doing could cause serious problems. Good luck!

Thanks mcbmd3. I've been gathering as much info as I can regarding property lines and this is something I'm a bit concerned about.

That is totally ridiculous! The neighbor had to have known they were out of line in placing the building in that location. Although I wouldn't do it, I do love to think about appropriately mean responses to such provocations. How about just now noticing that the side yard is excellent storage space...perhaps a cord of firewood in a rack on the property line? Or a stack of bricks?

That storage building wouldn't pass in my locality. Our regulations require minimum 4 feet distance from existing building and 3 feet from rear property line and 4(?) feet from side property line.

You may wish to inquire about setbacks in your area as perhaps a governental bad guy could keep you from needing to be the grumpy neighbor. I see that shed is clearly visible from the street so it wouldn't necessarily be you that pointed out the eyesore to the local authorities.

Thanks Linda. We actually approached the neighbors and they have agreed to remove it and, perhaps , put in a smaller shed (1/2 the size).

That's great! <HG>

He moved his sprinkler

Thank god.

Jennifer, if were me I'd have a fence, shrubs or a shed of mine own, installed right up against their shed doors, then they would be forced to relocate their shed. Do it on a day you know they won't be home.

He was being spiteful and he kept turning the sprinkler on when my husband was cutting the grass so we accidently hit the heads with the lawn mower and by the follow week he moved them

It was our property!

I would feel weird crossing a border into someone else's property for whatever reason. I like borders so that I know I'm not encroaching. Apparently, other people get some satisfaction out of pushing the boundaries. It would be inconceivable to me.