can neighbor take over my yard?

[artmaker]

I live in Michigan. Rented our house back in 1994 and now own it! When we moved in, (double lot too) no one was sure where exactly the south boundry line was. There is a driveway, lawn and row of old old bushes. The well pump house is right butt up against those bushes. Past all this was a wide patch of then, unkept weeds. Then my neighbors large yard and house.
I imediately started gardening. Cleaned out the weeds, and old car parts scattered everywhere. Buggy wood pile etc. Several years ago I planted a tall arborvite row of bushes and considered that the end of my property. It was probably a few feet past our official property line, but our naighbor came over and told me he liked them! I have a garden in front of those, camp fire pit, vegitable garden. Been careing for all this for years now!
That patch of weeds between our houses some years ago became an access lane for the local town resturantes drain field they had to put in. My neighbor owns that and told me they need to keep it mowed and clear as an access lane. So between his back yard, and mine, he keeps this lane mowed all summer.
Last year I ASKED him if I could extend my row of arbor vites with some pine trees and he said sure as long as I didn't go into that lane. No problem.

Today, his wife came by and said they will be putting up a fence. Fine. Then she said maybe I need to move some plants. When I asked what she was talking about, she pointed to a stick out behind my garage and said that is the property line. NO WAY!
There would go my entire garden!!!!! And after I looked more closely at this marker, I don't even think it's right. That would mean my well isn't ours either! In fact, I think that stick is the back of the adjacant fire department lot because there is another stick on the opposite corner. I think she is confused on that one.

But meanwhile, even IF the property line is a few feet into my garden. After all these years of ME tending that property, with them KNOWING exactly how far my garden went why all of a sudden? And do I have any rights at all? MY trees, bushes, plants etc etc....
How can they do this? What can I do?

 

[averad]

Get your own survey done then come back and ask.

 

[jimmler]

I live in Michigan. Rented our house back in 1994 and now own it! When we moved in, (double lot too) no one was sure where exactly the south boundry line was. There is a driveway, lawn and row of old old bushes. The well pump house is right butt up against those bushes. Past all this was a wide patch of then, unkept weeds. Then my neighbors large yard and house.
I imediately started gardening. Cleaned out the weeds, and old car parts scattered everywhere. Buggy wood pile etc. Several years ago I planted a tall arborvite row of bushes and considered that the end of my property. It was probably a few feet past our official property line, but our naighbor came over and told me he liked them! I have a garden in front of those, camp fire pit, vegitable garden. Been careing for all this for years now!
That patch of weeds between our houses some years ago became an access lane for the local town resturantes drain field they had to put in. My neighbor owns that and told me they need to keep it mowed and clear as an access lane. So between his back yard, and mine, he keeps this lane mowed all summer.
Last year I ASKED him if I could extend my row of arbor vites with some pine trees and he said sure as long as I didn't go into that lane. No problem.

Today, his wife came by and said they will be putting up a fence. Fine. Then she said maybe I need to move some plants. When I asked what she was talking about, she pointed to a stick out behind my garage and said that is the property line. NO WAY!
There would go my entire garden!!!!! And after I looked more closely at this marker, I don't even think it's right. That would mean my well isn't ours either! In fact, I think that stick is the back of the adjacant fire department lot because there is another stick on the opposite corner. I think she is confused on that one.

But meanwhile, even IF the property line is a few feet into my garden. After all these years of ME tending that property, with them KNOWING exactly how far my garden went why all of a sudden? And do I have any rights at all? MY trees, bushes, plants etc etc....
How can they do this? What can I do?

You need a survey, and then you need to move your plants onto your own property. Since they gave you permission, you most likely have no case of adverse possession.

You should have had a survey done when you bought the property to make sure all improvements (like your well) and new improvements were on your own property.

 

[artmaker]

we rented for several years when we moved in here. You don't get a survey for a rental! And the landlords didn't have a clue where the boundy lines were. Again! Nothing but weeds back there.
I cannot believe I can plant bushes, put in a pond. birdbath etc etc etc and tend that for 15 years and all of a sudden boom! Its mine? That just isn't right! They never lifted a finger for years on one inch of that.

 

[averad]

Go get a survey done on the house you own to prove your property boundaries. When complete come back and tell us the result.

 

[artmaker]

Why do I have to get a survey???? THEY want to build a fence. Don't THEY have to get a survey first??? Isn't that something you have to do before building anything?
I never built anything over any property lines. I cleaned out weeds and trash and my garden might possibly be over some invisible line. So why do I suddenly have to pay for a survey because THEY want to plop a fence in MY GARDEN?

 

[MyHouse]

That's why you need to get a survey, so you can know if it is your garden, or if you simply donated your services to creating your neighbors a garden. You do not HAVE to get a survey, if you want to just accept the "stick" that supposedly marks the property line. You can't have it both ways. Either accept their property line or get a survey. Why is this so hard to understand?

 

[Ozark_Sophist]

Why do I have to get a survey???? THEY want to build a fence. Don't THEY have to get a survey first??? Isn't that something you have to do before building anything?I never built anything over any property lines. I cleaned out weeds and trash and my garden might possibly be over some invisible line. So why do I suddenly have to pay for a survey because THEY want to plop a fence in MY GARDEN?

By your logic, you should have got a survey before building a garden. To show it is your garden, you will need a survey. Permissive use does not lead to adverse possession. Your only option is to get a survey which will show you where your property line is legally. You might even find that it really is your garden.

 

[HappyHusband]

Why do I have to get a survey????....So why do I suddenly have to pay for a survey because THEY want to plop a fence in MY GARDEN?

Because you are the one complaining about "losing" your garden.

And because you don't know where the property line is,

When we moved in, (double lot too) no one was sure where exactly the south boundry line was.

And you still don't know where it is.

 

[BL]

When you went from a renter to a buyer , the survey should have been done .

 

[artmaker]

You don't understand! When your low income, buying an old fixer upper house, trying to raise a kid, blowing 6-800 dollars on a land survey when all that is back there is weeds is NOT in the budget!

This is a final follow up.
I talked with our neighbors again yesterday. They decided NOT to do the fence. Seems the only reason they wanted a fence was after last weekends big party they had, it was very windy, and they were concerned that their trash was blowing into my yard. The fence would "catch it." (guess they never heard about a trash can with lid. I didn't say that though.) I told them they didn't have parties all that often and it's not that windy very often either. I'd rather pick up a few blown chip bags than redo my whole garden!
Then we discussed where this line might be. They have no clue either. We both bought our houses about the same time and both previous owners had no clue. What the wife thought was our line couldn't be. Our well would be on their side if it were. Most likely those old bushes are on my side of the line which still means my garden encroached a bit.
Now that access lane between our two yards I learned from them was once being farmed by the guy who owns the field behind our houses. And when we moved in, that space was weeds and being used as a dump for old cars. To this day I keep digging up the occasional break shoe! They have a metal detector but needless to say, it gets LOTS of false hits. These houses were built in the 40s. Any markers that were once there are long ago deeply burried!
They are ok with me, no fence, no problem. BUT I told them if they ever sold, I might have this problem all over. What if we found, then bought what ever strip of land I might have gardened into. They are fine with that but have no clue how.

Well... turns out, yesterday was our town meeting. I got to pick some brains there.
IF we ever do a survey, and that is where we need to start, they want to be informed first. Seems in order to find the north and south lines of our lot, they will need to use a "corner marker" and years ago those were moved. They have had lots of problems with surveys drawing lines right through peoples homes!!!!! Oh great!
A survey will be VERY expencive and a royal royal pain!!!!

So... I will talk with them again today, and this time I think I'll just ask if they ever do decide to sell, to let us know first. We'll get a survey and buy the land then!
They don't plan to sell and neither do we. So as long as they are ok with my bushes, I think all is well in the world again. I can sleep nights again! phew.

 

[HappyHusband]

When you went from a renter to a buyer , the survey should have been done .

I reckon they live in an area that doesn't require surveys for closing.

 

[averad]

artmaker honestly it doesn't matter how much you make or what life you live. You need to protect you assets and get a survey done.

Hey, take the easy way out and just hope everything turns out ok. Why did you come here again, I guess you just wanted people to pat you on the back and say you are right.

 

[MyHouse]

I'm so glad to hear that you have worked things out by talking to your neighbor. Things are good, for now. Maybe you'll go to their next party and you can give them tips on how to throw away trash.

Perhaps you could look at your papers from when you bought your house and find out if a survey was done then. Maybe your neighbor could do the same. You may already have the information you need.

 

[colourfastt]

I reckon they live in an area that doesn't require surveys for closing.

I've owned 7 pieces of property over the past 20 years ... only had 1 survey done for a closing. As far as I know they're pretty much optional ... except maybe on the "left coast".