Property Line Question

[Disabled Vet]

Question:

I purchased my home 3 years ago. My neighbor and I talked about adjusting my sprinkler system to water her flowers and shrubs the next growing season. She never said anything about the property line being in question at that time.

She passed away last spring and the new folks are neighbors from hell. I want to put up a privacy fence to help make them better neighbors. I had the property line surveyed. It seems that 4 of my sprinkler heads are on their property. I had another person survey it and they said the back property marker has been moved. For the last 3 years the assumed property line was the start of their landscaping and the beginning of my grass/sprinklers. I got a certified letter from the 1st company I had out that the neighbor has hired them to do a legal survey. If they survey the line again and put the property line where they put it the 1st time how long do I have to move my sprinkler system? Can they just come over and tear them up out of the ground? I have a major operation coming up that will put me down for 3 months. I have contacted the only 2 local sprinkler company's close to move them. They are booked until after my operation date.

I thought of using adverse possesion, acquiescence to boundary line or something like that but think it would be easier to release the 4ft along the line. Also, if this be the case it would put my home into a easement zone for drainage. Please help with my options.

So does the legal survey give them the right to just come and remove the sprinkler system out of the ground?

State: Indiana

Thanks

 

[fredrikklaw]

No need to fight it!

Let's get the 'ifs' and the ''could haves' out of the way first; Of course, you did not have a crystal bowl to see her passing and the coming of the new and not-so-friendly neighbors, but if you and your previous neighbor knew the whereabouts of your respective property lines and you could see into the future, then the previous neighbor could have granted you an easement for the sprinklers which, would have translated into a "Covenant Running with the Land," an encumbrance that the new owner would have had to live with.

But that was not to be!

You should also discount any notion of prevailing in this matte by way of "Adverse Possession" as your scenario does not come close to meeting and satisfying any of the five (5) conditions that have to be satisfied in order for adverse possession to attach, the most important one being of course that the occupation of the land must be "open, notorious, and adversarial" to the interest of the land owner. Here, the sprinklers were installed with the previous owners' blessings, making any such argument quite redundant from the get go.

And no; if the survey does actually show that the sprinklers are in fact encroaching on the new neighbors' property, they cannot just come and hack them out of the ground and throw them in the trash but have to afford you a reasonable amount of time to remove the sprinklers which is considered to be anywhere from 30 to 90 days.

As for your property being put into an "easement zone for drainage," well, there is not much you or anyone else can do about it. Local governments routinely invoke the power of imminent domain for such easements and that is the end of the matter unfortunately.

Last but not least, I highly agree with your thinking that it would be a whole heck of a lot easier to just retreat 4 feet and be done with the matter and save a lot of unnecessary time, expenses and aggravation. Because if the survey shows that you really are 4 feet over into their property, then what is there to fight about?

Hope it goes well for you.

fredrikklaw

 

[Disabled Vet]

Question:
I am (was not) afforded the chance to remove or move this sprinkler line. I think I am dealing with the neigbhors from Heck.....

Anyway, they filed a complaint in court. My question is... When answering the complaint and my evidence is a video tape, taped phone conversations, witness to verbal harassment. how do you present that evidence? Make copies of the tapes? Get witness statements? Or just state in the comment section explaining the events and state this evidence is on video?

thanks

 

[army judge]

If you're suing in small claims, almost anything comes in.

But, but, but; if you're suing in "real" court; you have to get your exhibits entered as evidence.

Normally that's easy.

Occasionally, that's hard, very hard.

That's why lawyers spend years learning how to overcome objections.

Your exhibits sound harmless enough.

You should have no problem getting them admitted when you present your case.

But, you never know.

See, that's why I love the law and lawyering!!!!

 

[army judge]

Sometimes lawyering is easy.

Other times, lawyering is very, very hard!!!

 

[Disabled Vet]

Army Judge,

Thank you for your answers. This case will be in a Superior Court... right now it's a complaint filed seeking remdies and payment for various issues. Of course all unfounded.. It's funny how their lawyer continues to say. Ok I will present that to them but I have been really busy so it will be later next week before I can return your call. Indiana happens to be a one party state for phone recordings. I assume his next step would be to final for a summary judgement since he seems to be stalling (attempting) me.

I will make copies of the video's, tapes, telephone log, witness statements to file with my answer to this complaint. I honestly like doing this kinda stuff. I just wish it wasn't on me.

I had an issue with Dept. Natural Resources here in indiana for all disabled veterans that went all the way to filing to the judge requesting motion for summary judgement. I prepared everything... then submitted it all to a lawyer for review. He didn't change anything but added a powerful statement. I won that case. Then there was the issue with USDA about people with disability in a area on the Hoosier National Forest. That case was handle and fix prior to court. Which I handled as well.

The attorney that review my Disabled Veteran Issue wouldn't take payment. I did all the USDA myself. This issue is stupid to be honest. They will not allow me to remove this sprinkler line and move it over without a court order. Oh well, life goes on... I have bigger issue's in my life to worry about then this. At least I have gotten enjoyment reading 100's of cases trying to find items to insert on this issue.

Thanks again.