Home and Auto Shared fences and eminent domain - Page 6

**007** · 10:47 PM

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.

BucEyedPea · 05-19-2018, 02:28 PM

Quote:

Originally Posted by 007

yep, mentioned that earlier. They didn't give two shits about the issue.

that was a few years ago.

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

cooper barrett · 05-19-2018, 02:35 PM

Quote:

Originally Posted by tooge

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

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.

**007** · 05-20-2018, 05:44 AM

I need a 25 foot privacy fence

Comanche · 05-20-2018, 06:02 AM

Quote:

Originally Posted by 007

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.

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.

Skyy God · 05-20-2018, 10:31 AM

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

Skyy God · 05-20-2018, 10:36 AM

Seriously, though, just run the Roundup cleanup plan by your neighbor.

I tend to doubt he objects.

**srvy** · 05-20-2018, 10:55 AM

Looks like some of that is grapevine. Roundup is gonna get laughed at by grapvine its like the terminator. It will be back and will never stop.

**Buehler445** · 05-20-2018, 11:12 AM

Quote:

Originally Posted by srvy

Looks like some of that is grapevine. Roundup is gonna get laughed at by grapvine its like the terminator. It will be back and will never stop.

Saw it off and soak the stump with 2-4D or tordon and you’ll get it.

**srvy** · 05-20-2018, 12:43 PM

The best thing you can do is bite the bullet and get a legal boundary survey by a licensed surveyor. Have pins recovered and reset if missing with encroachments shown to yours or adjacent properties. Then have fence line stakes set along property line with inter visibility. This will show your serious about your property rights and end any adverse possession nonsense. It will be an expense but what is your land worth to you.

Also a mortgage survey is just that its not a legal survey and will not hold up in court its not a boundary survey and doesn't have an official seal and signature with license number of a registered land surveyor for the state performed. Its imo a fraud perpetrated by the mortgage lending industry to satisfy title insurance companies. Look at your certificate closely a legal survey will show corners set and what was set or found. It will clearly state that a legal boundary survey was made with date and a signed and sealed certificate of survey with registered land surveyors license number.

A mortgage survey in fine print will state not a boundary survey with an official looking seal. Scrupulous surveyors do this because its easy money for the out the garage door surveyor. He can do 5 to 10 in a day at 100 to 150 a pop for a mortgage company and it satisfies a title insurance company.

**mlyonsd** · 05-20-2018, 12:57 PM

Quote:

Originally Posted by Buehler445

Saw it off and soak the stump with 2-4D or tordon and you’ll get it.

Tordon is death in a bottle to annoying zombie plants.

**srvy** · 05-20-2018, 02:44 PM

Quote:

Originally Posted by cooper barrett

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.

Bullshit I can safely and laughably say none of this happened. Cooper PLS # and State of license please.

**MahiMike** · 05-20-2018, 05:33 PM

There's a realtor term for land vertically to the sky. Forget the name. But basically he can go vertical but not horizontal.

You should ask him nicely to take it down. Or you could put your own shrubs up to hide his.

**fan4ever** · 05-20-2018, 05:41 PM

Ever see the movie "There will be blood"? Drill at an angle from your property under the root system of the annoying plants on his side of the property, slide in a pvc pipe and pour in herbicide.

**srvy** · 05-20-2018, 06:40 PM

Quote:

Originally Posted by MahiMike

There's a realtor term for land vertically to the sky. Forget the name. But basically he can go vertical but not horizontal.

You should ask him nicely to take it down. Or you could put your own shrubs up to hide his.

There are aerial easements where a building is built near a bridge or highway overpass?

As for trees that is dependent on State statutes but most states a trees ownership is center line trunk at a point 3 feet above ground level in relationship to the property line.

I dont know about brush and undergrowth. I do think that where property lines and fences are involved most cities and municipalities require owners and adjoiners maintain each side along really all their property. Overgrown property is considered blight and a rodent nuisance. In KC they can issue citations fines and contract a landscape service to bring to code and mail you the bill.

threebag · 05-20-2018, 06:50 PM

Looks like you should have resolved some of this issue 14 years ago. I know that doesn't help now, but it feels good typing it out.

05-18-2018, 07:29 PM
007 Shaken. Not stirred. Join Date: Sep 2002 Location: London Casino cash: $13020126 VARSITY	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. Last edited by 007; 05-18-2018 at 10:47 PM..
Posts: 65,646

05-20-2018, 05:44 AM	#78
007 Shaken. Not stirred. Join Date: Sep 2002 Location: London Casino cash: $13020126 VARSITY	I need a 25 foot privacy fence __________________ My dear girl, there are some things that just aren’t done. Such as, drinking Dom Perignon ’53 above the temperature of 38 degrees Fahrenheit. That’s just as bad as listening to the Beatles without earmuffs.
Posts: 65,646

05-20-2018, 10:31 AM	#80
Skyy God 11-5, baby Join Date: Sep 2005 Location: Livin the dream Casino cash: $2191557	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
Posts: 22,416

05-20-2018, 10:36 AM	#81
Skyy God 11-5, baby Join Date: Sep 2005 Location: Livin the dream Casino cash: $2191557	Seriously, though, just run the Roundup cleanup plan by your neighbor. I tend to doubt he objects.
Posts: 22,416

05-20-2018, 10:55 AM	#82
srvy Fight, build, win! Join Date: Sep 2004 Location: KC Casino cash: $-188750	Looks like some of that is grapevine. Roundup is gonna get laughed at by grapvine its like the terminator. It will be back and will never stop. __________________ "The victim stance is a powerful one. The victim is always morally right, neither responsible nor accountable, and forever entitled to sympathy."
Posts: 25,262

05-20-2018, 12:43 PM	#84
srvy Fight, build, win! Join Date: Sep 2004 Location: KC Casino cash: $-188750	The best thing you can do is bite the bullet and get a legal boundary survey by a licensed surveyor. Have pins recovered and reset if missing with encroachments shown to yours or adjacent properties. Then have fence line stakes set along property line with inter visibility. This will show your serious about your property rights and end any adverse possession nonsense. It will be an expense but what is your land worth to you. Also a mortgage survey is just that its not a legal survey and will not hold up in court its not a boundary survey and doesn't have an official seal and signature with license number of a registered land surveyor for the state performed. Its imo a fraud perpetrated by the mortgage lending industry to satisfy title insurance companies. Look at your certificate closely a legal survey will show corners set and what was set or found. It will clearly state that a legal boundary survey was made with date and a signed and sealed certificate of survey with registered land surveyors license number. A mortgage survey in fine print will state not a boundary survey with an official looking seal. Scrupulous surveyors do this because its easy money for the out the garage door surveyor. He can do 5 to 10 in a day at 100 to 150 a pop for a mortgage company and it satisfies a title insurance company. __________________ "The victim stance is a powerful one. The victim is always morally right, neither responsible nor accountable, and forever entitled to sympathy."
Posts: 25,262	1 0

05-20-2018, 05:33 PM	#87
MahiMike He's Mahomie! Join Date: Aug 2001 Location: Jax, FL Casino cash: $10023443	There's a realtor term for land vertically to the sky. Forget the name. But basically he can go vertical but not horizontal. You should ask him nicely to take it down. Or you could put your own shrubs up to hide his. __________________ 99.9%
Posts: 17,387

05-20-2018, 05:41 PM	#88
fan4ever Supporter Join Date: Oct 2002 Location: Scottsdale, AZ Casino cash: $4964389	Ever see the movie "There will be blood"? Drill at an angle from your property under the root system of the annoying plants on his side of the property, slide in a pvc pipe and pour in herbicide. __________________ "You will never reach your destination if you stop and throw rocks at every dog that barks" - Winston Churchill
Posts: 9,360

05-20-2018, 06:50 PM	#90
threebag Snacks Are Under My Apron Join Date: Jan 2006 Location: The Edge Casino cash: $1281660	Looks like you should have resolved some of this issue 14 years ago. I know that doesn't help now, but it feels good typing it out. __________________ Free DeBerg HayWire Greatest Almost Mod Ever In big nasty kcnut we trust
Posts: 24,709	1 0