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  1. #1

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    Neighbor encroaching on my property

    Within the last year, our neighbors have decided to harrass us for no apparent reson other then jealousy. Three years ago we constructed a fence according to a survey of the boundary/property lines adjacent to our neighbors. We built the fence on the property line as advised by our homeowners association. at the time, this neighbor said he didn't want a fence so it was no problem. We have since had multiple issues with this neighbor and had to have the authorities involved. We recently had to do repair to our fence and were advised by this neighbor to stay off of their property. So, we decided to move our fence in 1 ft from the property line onto our property. Out of sure kindness, we offered the jerks our original posts (ones on property line) to build their fence and save them the expense of putting in new ones. Instead of accepting this offer, they decided to construct their fence by encroaching it onto our property and locking us out of our 1 ft we need to maintain our fence on our own property. They didn't put a fence up on out side and left the posts standing on the property line unused. So now, they have their fence 1 ft over the property line and have threatened to get us for trespassing if we come onto that land. They are now claiming it as theirs and we cannot take care of our property being our land or our fence. Can we legally in the state of Missouri cut their portion of their fence that is on our side of the property line? We still have to remove the old posts from our original fence that they never used. To top it off, they have planted 2 maple tress and 2 dogwood trees and 10 bushes right against the property line. They will soon too be encroaching on our property as well. I realize this could fall under the adverse possesion law but it has only been 2 weeks since they built their fence. Can someone please suggest the best possible solution. I need to maintain my fence and 1 x 80 ft of land. Thanks!!



  2. Join Date
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    neighbor encroaching

    This story is almost identical to mine. Three years ago we bought a home that was mostly covered with trees. As I was removing trees and extending my backyard our neighbor was watching the whole thing. He soon seen that him and his wife had better move what was only a flower bed back over on his side. This Is a big red flag that they new what they were doing. Then one day when I came home from work I see this idiot playing surveyor with one of those hand wheels with a meter on it. Then to top It off he even checked his measurements twice, this was a good thing untill I noticed that he was starting from the edge of the road. I have seen surveying done before and It always started from the center of the road. Because I am not a surveyor I decided to check with 2 of them that both told me that typicly in residential areas surveying starts from the center of the road. This neighbor is off about 5-6 feet give or take a little. This neighbor thinks that the boundry line is about 6 inches away from a very old barn foundation that is on my side, this foundation and my garage are older than him and his house put together wich bring me to my next point. one surveyor told me that even if his line overlaps mine by leagal description It does not matter since my deed is oldest. Needless to say there new fence is 6 inches from the foundation that I mentioned. I can't belive that this guy can look at this and think that its right, he thinks that there is a jig jag line around the back of my garage, anyone can look at this and see that it's not right, not to mention my leagal description describes a perfect rectangle. as far as what to do I am at a loss, Im sure that I would need a leagal survey to do anything and It's going to be around 2000 dollars. Even then I don't know were to start sounds like you're in the same boat, I will send attatchment so you can get a better Idea.
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  3. #3

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    Neighbor encroaching on property

    Hi,

    I am not a an attorney and live in California but do have a lot of experience in Real Estate.

    Here are my ideas. First if you have a recent survey that supports your position, you could try sending a certified letter to your neighbor informing them of their encroachment and that you have such a survey, letting them know that if they don't remove their property from your land that you will go to court to file a "quiet title " lawsuit. A judge or jury can review the deeds, surevys etc and make a decision. The neighbor can not claim adverse possession until they have held the property openly and hostiley for a period of several years (changes by state) Let them know that when you prevail the neighbors can be held laible for all court costs and attorneys fees and any damages to your property. If you do not have a survey you need to get a surveyor to mark the property line in dispute. If your state requires Title Insurance then also check with your title company to see if they can help before you do anything else.

    Of course you could try the neighborly way and sit down with them before sending the certified letter.

    Good Luck
    Lynda

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