Sprinkler head(s) may be on neighbors property

[mkw111]

What is the name of your state (only U.S. law)? Massachusetts

My neighbor sent me a note along with a 9x 11 copy of his certified foundation plan with lot lines. His concern as he noted that I may have one or two sprinkler heads about four feet on his land, He said that he may not be able to sell his house due to those being possibly on his lot. I informed him he may want to get a surveyor to show that they are on the lot, but of coarse he refuses and wants to use twine to measure and plot the lines himself and he also said that the property haves side yard set backs so my sprinklers should be set to those standards set by building code . I informed him that the setback/side yard apply to buildings, trees, fences not sprinker heads so my sprinklers need not to be set back 34+/- feet from his lot line. In ending this saga he does not want to pay a surveyor but act as one using twine as noted above and I informed him that in my opinion that the sprinkler heads are on my property and I will not go forth and pay a technician to remove , replace and repair the area until he shows me from a registered land surveyor. On one last note, this person has been wining about lot lines for years and asking me about them and kinda hinting to me that sharing cost so now he trying another tactic to try to get me to share the cost. I kindly told him that to do this correctly that he should proceed to hire the surveyor cause the proof of burden is on him.

Please give me your thoughts

 

[HomeGuru]

What is the name of your state (only U.S. law)? Massachusetts

My neighbor sent me a note along with a 9x 11 copy of his certified foundation plan with lot lines. His concern as he noted that I may have one or two sprinkler heads about four feet on his land, He said that he may not be able to sell his house due to those being possibly on his lot. I informed him he may want to get a surveyor to show that they are on the lot, but of coarse he refuses and wants to use twine to measure and plot the lines himself and he also said that the property haves side yard set backs so my sprinklers should be set to those standards set by building code . I informed him that the setback/side yard apply to buildings, trees, fences not sprinker heads so my sprinklers need not to be set back 34+/- feet from his lot line. In ending this saga he does not want to pay a surveyor but act as one using twine as noted above and I informed him that in my opinion that the sprinkler heads are on my property and I will not go forth and pay a technician to remove , replace and repair the area until he shows me from a registered land surveyor. On one last note, this person has been wining about lot lines for years and asking me about them and kinda hinting to me that sharing cost so now he trying another tactic to try to get me to share the cost. I kindly told him that to do this correctly that he should proceed to hire the surveyor cause the proof of burden is on him.

Please give me your thoughts

**A: what is this certified foundation plan? Is it a survey map by a licensed surveyor?

 

[Zigner]

Or, you could be a good neighbor and offer to split the cost of the surveyor. You will BOTH benefit from it.

 

[drewguy]

Or, you could be a good neighbor and offer to split the cost of the surveyor. You will BOTH benefit from it.

True. Or you could offer to put in writing that you will move the sprinkler heads if a survey shows they are on his property and that you will not make any claims of adverse possession based on their current location. Then if there's an actual issue with selling his house you can move them.

 

[MountainDew]

Or, you could be a good neighbor and offer to split the cost of the surveyor. You will BOTH benefit from it.

Sounds like the neighbor wants a surveyor, not this guy. How is he going to benefit from it? He shouldn't have to pay for it if he's not the one disputing the property line...especially if he doesn't seem to care.

I feel pretty confident about the property lines around my house, and where my fence sits. If any neighbors have a problem with that, they will PROVE it with a real surveyor and real certified legal letters, and I won't pay a cent for it....and nobody can make me.

 

[154NH773]

If you are so sure of the property lines, why not offer to pay 100% of the survey if it shows that you are over the line with your sprinklers, but none of the cost if you are not. That seems fair to me.

 

[mkw111]

sprinlkers

Do you really think if I pay for a surveyor to prove the sprinklers are on my propert that I will get reimbursed from the neighbor?
Thats what he wants, he been talking about lot lines every year for past 4 yrs, so what do you think he wants, me to pay .
He just moved a stake that has been there for 4 years. I have been documenting and video taping his tactics. he just trying to get me to pay, NOT!!!

 

[mkw111]

sprinlkers

I informed the neighbor that I have no problem removing the sprinkler(s) from his property if indeed they are on his property, He explained that he wanted to sell his house in few yrs and a real estate agent informed him that he could not sell his house cause the sprinkler will cause serious issues with his deed. I replied that when you go sell your house , a surveyor will be required and then if they are on the property then we can remove them at that time or you can get a surveyor to show his complaint is true or false.

I also informed him that removing stakes( for the second time) from the previous surveyor is not being in his best interest and that using a tape measure and twine and acting as his own surveyor does not constitute the accurate and true measures.

As I noted before in past post, this person just wants me to share or pay the cost. After 4 yrs of telling me his stories like qoute" I want to palnt flowers, then year after that " I want to put up a small fence" and the year after that " I want to plant some bushes" and now its a sprinkler head. So what will year five bring??

Oh by the way, he got divorced last yr and the surveyors came to do the property lines when he had to remortgage and where was I? I was with them
and I know the lines Its time to put up or shut up

 

[154NH773]

Do you really think if I pay for a surveyor to prove the sprinklers are on my propert that I will get reimbursed from the neighbor?

No, and that's not what I advised.

If you are so sure of the property lines, why not offer to pay 100% of the survey if it shows that you are over the line with your sprinklers, but none of the cost if you are not.

I only suggested you offer to pay, if his completed survey shows you are over the line. Since you are quite sure of your position, that shouldn't be a problem for you, and will force him to put up or shut up..

 

[drewguy]

No, and that's not what I advised.

I only suggested you offer to pay, if his completed survey shows you are over the line. Since you are quite sure of your position, that shouldn't be a problem for you, and will force him to put up or shut up..

Seems like a great tactic if he keeps pushing the issue. You've told him you'll resolve it if/when it's a problem, he needs to show you it's a problem.