Shared fences and other property issues
 

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. https://uploads.tapatalk-cdn.com/201...e22852d074.jpg

Roundup or DDT

Where I live, whatever is on your subject property you have free reign to chop off, chop down, whack, whatever unless it is part of a protected wetland. If it's on their side, it's their problem. The fence is negligible. Apparently, it's 100% on your side and your problem. If you have 5 feet of property on the other side of that fence, you can go mow down every inch of it and they can't say shit.

Spray Round Up, tree and shrub killer all over that shit. Then poison the family pet, stand in the back yard naked chanting Allah Akbar holding a pipe and shovel

That's the problem. Eminent domain laws would support them because of how long the fence has been in place. All of the roots for this shit is on their side. I can whack all the crap down on my side but can't stop this shit from growing.

Get it surveyed.

Tear down the fence.

Tear out his shit.

Build new fence on property line.

Send neighbor bill.

How long has the fence been there? Adverse possession takes a long time. I believe it's 15 years in KS.

http://rvpolicy.kdor.ks.gov/Pilots/N...a?OpenDocument

It was my understanding that eminent domain only applied to government taking of property for the greater good.

What you're referring to, I believe, is Relative Hardship. You may want to seek counsel on this. Reference Christensen v. Tucker.

Here's an excerpt from what I've read on it:

I'm not sure a court would consider this a squatting case or not. I have my doubts.

Agreed. Whatever it is called, my general understanding of the subject regarding property lines, is that once a line is established it just shifts to the other owner after a certain number of years. The fence was in before we moved in 14 years ago.

The other issue with this is that there are two property owners on the other side. Not just one.

I don't really care about the fence location. I just want them to trim back or remove this shit. I'm the only one doing anything and now it's getting too tall for me to get to it all.

climb up on his roof and drop some oranges in his drain vents. He will never figure out why his shit doesn't drain anymore.

Or take your chances since you live next door, hope the cops get the right address and call in a swatting call.

When we moved into our house (brand new) - the proximity to the other neighbors house was about 12 feet (more or less). I decided to put up a vinyl fence in our back yard. I hired a survey company to come out and determine the EXACT property lines. They did and we put up the fence.

The neighbors were livid. They were CERTAIN that we had violated their property line so they brought out their own surveyors. Unfortunately, they were not happy. The problem was that where our fence started - left them about 2 feet to attempt to manuever a law mower through.

So, they had to go on the other side of their house to get through.

Point? Bring out a surveyor and let HIM determine (legally) where the property line is.

you can do whatever you want with what’s on your side of the property. but you can’t spray it to kill it if it’s going to kill their side too.

Do they like the growth weeds? If not spray or cut it for them and be done. If they do. Just have it removed while they are gone. If they ask you didn't do it, must been the city after calling them up on what can be done.

Pay to get your corner's found from a land survey company. This will truly determine where your property corners are. Once you know exactly where your property corners are (this is vital information) then you can move the fence to your property corners.

Now, here's the deal: if your neighbors complain about you moving the fence, tell them tough, that you have no choice, because they refuse to deal with the overgrowth. This "may" motivate them to say "ok, we will do something about the overgrowth".

Now, if the fence has been in place longer than 7 years, you may have no legal right to move the fence, even though it is not on the property line or close to the property line, because after seven years, the courts can decide that it's the "understood" boundary. Regardless, get your property surveyed, find your corners, go from there. Don't assume you know where your corners are.

We know where it is because it was surveyed before we purchased. Plus our gas meter is in their yard. Well one of the yards. I not looking to get legal, rather just to figure out how to deal with the situation civilly.

You're out of luck. You bought the property knowing the fence was not on the property line. I'm sorry, but you are kind of screwed, and your neighbors know it.

Yeah, definitely take down that fence.. it isn't helping, and it is on your property. That seems like a good first step.. then mow it all down.. then build a new fence next year.

**** his wife and daughter?

You might be able to tear the current fence down, but I'd consult a lawyer first.

Would get it surveyed and proceed with putting a new fence up. More than likely they won't do anything once you give them a copy of the survey. Are they going to sue you? Probably not and probably won't contest it once you explain it to them. Have it surveyed while they are home so when they ask questions you and they know what's up. Or get some tordon from your local coop and cut them and spay the crap with them....tordon kills about everything long as you get it on a fresh cut stem or trunk. Just a few drops normally does it but has to be freshly cut off so it soaks in the roots.

Nope, not correct. And trust me, I know. The fence has been there too long, it's an understood boundary. In fact, 007 had it surveyed prior to buying the property, so he knows the fence is not on the property boundary line.

I have always been scared of the old fence line shit. But, after purchasing 5 properties in 3 different states I have learned fence lines don’t mean shit. It goes by the survey.
Any way it has in Missouri, Texas and South Carolina.

I never said that. I didn't have it surveyed. I only saw a copy of a survey when we purchased.

Oh, then get it surveyed first. Pay the $500 or whatever for a licensed land surveyor to find your corners and mark your corners. This "might" scare the neighbors enough to do something, maybe? But, if they know their rights, if they have been there for longer than 7 years, then they probably know that you can't just start tearing things down and putting in new fences.

Don't do tear stuff down first. That's when people go to court and they only people who come out on top are the lawyers.

Get your property surveyed, and then consult the survey company about your options. They may be able to lead you in the right direction. They may tell you the same thing I've already told you too. Land survey companies tend to deal with these types of issues, it's part of their job, because you ain't the only person with this type of problem.

Get with a farmer friend and grab some industrial strength Roundup crap. The city kept coming after me for my lot in town, so I nuked it.

wrong

Not necessarily. Depends most likely on if there is a city or county ordinance. Generally, if a fence is wholly on his property, he is free to tear it down. You, again generally, only end up in situations like you speak of if the fence resides directly on the property line, known as a partition fence.

I like where your head’s at.

Yeah. I've got 4 acres next to my 16 that I fenced 5 years ago, because the timber company that has it now doesn't care.

Your right, we don’t need surveys just fence builders.

This

Every state is different but it's probably not as simple as "get it surveyed a move the fence" due to terms like occupation and adverse possession. Unless that fence was down I'm not sure the line can be moved.

So, you're stealing land? Congrats. But if the timber company actually cared, and the fences are there less than 7 years, they can make you move them. Otherwise, after seven years there's probably nothing they can do.

Yep

He may be able to tear it down, but he may not be able to put up a new one on the actual property line.

Also research "Boundary by Acquiescence" in your state, county, and city codes. This is what Tombstone is getting at.

Eminent domain has nothing to do with this. Boundary laws are State specific I am a RLS in several States. The surveyor follows the boundary laws for that state but in the end any dispute of property lines is settled by a judge who has many options that can override state statutes. I imagine what you have is a mortgage survey to close your lone. Its not worth the paper its written on get a real survey where pins are set and encroachments located and shown on certificate. Talk to a land surveyor ask them to price a corners and encroachment survey and set fence line stakes.

Depending on state in most cases where a fence is vs where it should be can be settled its called adverse possession. Most states required the adjacent owner has to make his intentions open and known.

This is a good guide to the law.

To acquire title to property by adverse possession, the possession must be open to the world, hostile to the interests of the true owner, exclusive, and continuous for the statutory period.

In Missouri its 10 years so the neighbor has to make it known to you his intention to make said property his. then the clock is running for 10 years. At the end of ten years and you havent corrected it then he can purchase this strip of property through a resurvey and plat of lot.

I will add usually when fences or out building have to be removed it goes through the courts if land owners cant come to an agreement. When it gets to a judge anything is possible its a crap shoot.

Yeah, I'm not really sure. He will only get a sure answer by doing some code research and consulting an attorney about it.

There certainly is a lot of merit to your claim about how long the fence has been there. Over 10 years is normal to establish a boundary.

I'm not sure if he would have any testimony from the previous owners over who maintained the 5 feet of property on the other side of the fence for all of the years he didn't own it. If he's been there 14 years and hasn't ever maintained it but instead allowed the adjacent owners to maintain it, then he's most likely going to lose a property line dispute should it arise.

The big thing is, do the neighbors know the property line exists on the other side of the fence; do they try to claim that 5 feet as their own; and do they have any problem with removal of the fence or maintenance of his 5 feet of property on the other side?

I'd certainly try the avenue of saying to them "hey, I'm going to go on the other side of the fence here and maintain my 5 feet of property because the growth is getting out of hand and I can't trim it from this side, can you make sure you don't have anything like a garden hose lying close to the line that i'd hit with my trimmer?" See how that flows... If they say "hey that's my property..." well you'll know the position they are taking.

Jack off in his front yard while screaming very loudly. After a few days of this, they'll understand who the alpha is and will resolve the issue.

GL

This picture your property appears to be your fence. I dont know if your the original owner or if that fence was there before you bought. Just the way the chain link is installed tells me this.

ROFL

I had a neighbor tell me he owned two feet on my side of a shared fence and I needed to keep my dogs that far away somehow.

So I built a fence on that line just where his mower won't fit down it and spray my side. Its funny watching the ****er weed eat it every time lol

Yep

Section line fences in rural areas are a whole differant animal. Some fences may have been in place longer than the existing section corner. The original surveys when you trace back in the field notes they state raised a mound and set an oak post. Then the blazed trees and referenced said corner and section line. Well those no longer exist so a surveyor retraces and follows in the footprints of the original surveys as best can. The equipment has evolved we are more accurate but the original lines stand. A judge many times rules that old fence is the monument to the line and to hell with the surveyors evidence.

Good land surveyors always do their research before sending anyone out in the field. That said, not all surveyors are good. In fact, some are bad, and they create more problems because they set stuff where they shouldn't, because bad land surveyors neglect to do the proper/extensive research on the history of said property, and the surrounding properties, via previous surveys and plats and deeds, etc.

If you had the original surveyors chain you would measure his distance:D

I agree to some extent. I have been doing this for 40 years you get to know the reputations of the surveyors. Most are very ethical and do there best to retrace the original intent. Most surveyors now are willing to share there work in the area. It wasnt always this way as you were a competitor to them.

Have you tried any communication with them about the problem first? Are they unaware entirely of the problem these plants create for you?

Perhaps if you explained how much of a nuisance it is, maybe they'd be willing to do something to mitigate the problem or end it. Bring it up, see where it goes. I don't know the law but then you might want to get a lawyer to tell your options.

yep, mentioned that earlier. They didn't give two shits about the issue. :shake: that was a few years ago.

For the record, I'm not looking to reclaim property. Probably should not have even mentioned that my line actually goes 5 feet beyond the fence, just thought it was a funny tidbit. My issue is trying to figure out a way to deal with this that doesn't result in pissing everyone off. I just want my yearly job to be easier.

I'd love to just get rid of the fence to be honest. At least it gives me room to work and I don't have to fight with the fence to cut shit. Would love to just put up a stone ****ing wall so none of this shit can grow through it, but that wouldn't solve all the shit coming over the top like it is now.

Shared fences really suck because neighbors never want to deal with them. Our neighbors to the east decided to tear out all their fencing but the one on my yard. Never even came to speak with me if I'd be willing to split the cost. I would have been thrilled to get that fence torn out and upgraded. I can't afford to do the entire thing myself. for the life of me I don't know why they did everything but the fence on our side of his home.

I'll have to post a picture of how run down that fence is becoming because of his dogs constantly clawing at it.

Talking to the neighbor would be a great option. If you have never had a true survey done and dont know where your pins are its a worthwhile investment. Your property is your single most important investment. Get it on record a mortgage survey is asswipe paper.

If the property line is wrong then that is your fence

By all technical standards, all three fences are mine because the post is on my side.

I have 3/4ths of a gallon he can have next time the Guru is in Omaha.

There is no way that it will remain "civil" that much is for sure. As I said in my post - we bought into a brand new neighborhood in Olathe, KS. It pissed the neighbors off to high heaven because rather than the line being "split down the middle - we actually had a couple of feet more than they thought.

That's why when we put the fence up - they were sure that we had gone too far on "their side". The fence company actually went 3 inches INSIDE our boundary in order to NOT overlap onto their property.

The best way (I believe) to possibly rectify this situation is to have your property surveyed and then approach the neighbors in a "friendly" manner and say "Hey! Were you guys aware that your fence is actually on MY property" - keep it friendly (or as friendly as possible) and see if they might not want an equitable solution to the "problem" Which - you might offer to "forget about it" if they would cut their bushes (weeds) back across the fence..

Who knows? Might work....and then again..... :cuss: Which might inevitably end up with :bang:

ROFL if only. Its very obvious these neighbors are using all this shrubbery as a pseudo privacy fence.

roundup all the shit you can. Plant some nice bushy pines. In a few years you won’t see the neighbors or the shit growing on their side

I share a fence with a D bag neighbor. It’s on acreage though. He got cows and showed up at my door and told me I had a week to clean up the limbs laying on our shared fence. It’s in his pasture but my woods. I told him to **** off. That was three years ago. With a shared fence, at least on rural acreage, if you want it maintained it’s up to you

Hell, I would just build another fence right next to the existing one if there was a way to keep all that growth from coming through it. ****ing vines are the worst.

If it’s still your property, why not just roundup everything on both sides of the fence?

too much legal BS to wade through to do that.

Ok, then like I said, nuke your side and plant a bunch of pines or bald cypress trees along the fence and you’ll never see his shit

Is his wife hot?

Exactly

Oh yeah, and it that doesn't work........BIRD BOMBS.

since they don't maintain it they don't have any right to you property. Just finally start acting like it's yours. You beta get those trees under control.

if it is an incorporated area, there should be metal markers in the yard that mark the property.

Yep, I'd spray the **** outta that shit.

good fences make good neighbors.
My neighbor has 3 trailers. We have no trees and new houses. Looks very redneck.

Yuck.

Thank goodness every survey I’ve had done the surveyor measures. Probably because this wasn’t as developed when it was originally surveyed.

Move the fence
punch him in the cock sucker
**** the wife and daughter

No particular order

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.

Oh! Too bad. Time to up the ante I guess.

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.

I need a 25 foot privacy fence

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.

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