MAINE
Hi all. My first post:
A portion of the my property line with an abutting neighbor is a low fieldstone wall shown on his survey and built along the line of the original 18th century King’s Grant that divided our island into land parcels. Along a section of the wall about 200 feet long was an 8 foot wide opening that may have been used by the original farmer years ago. At this location my land is largely wooded and the abutter’s land includes his back yard. Last fall, in working on my land, I moved 2 large rocks that were nearby on my land into the opening and effectively closed the gap in the wall. The rocks are no taller than the wall and I was careful to align them with the outside face of the wall so as to not extend into my neighbors yard.
I was careful not to step into his yard. My intent was to move the rocks out of my way and use them in the wall to mark the property line just like the existing wall. Now my neighbor has demanded that I remove the rocks. He reasons that there was no previous wall in that location and that my rocks are encroaching on his land. Is he correct?
If his claim is correct I will move the rocks back. But how far back on my land is needed to be legal; half the wall thickness or completely out of the wall? Can I still block the opening if there is no right-of-way? He claims that I have ruined his view and blocked a right-of-way. There is no current deeded easement for passage in this location across either property. Historically, the power company had a utility easement for power lines at this location but the line was removed about 12 years ago and I believe that the easement was extinguished a that time. The Coast Guard and a contractor used the opening on two occasions but it was by permission only. No one else uses this opening.
I look forward to your comments.
Edgeman
Hi all. My first post:
A portion of the my property line with an abutting neighbor is a low fieldstone wall shown on his survey and built along the line of the original 18th century King’s Grant that divided our island into land parcels. Along a section of the wall about 200 feet long was an 8 foot wide opening that may have been used by the original farmer years ago. At this location my land is largely wooded and the abutter’s land includes his back yard. Last fall, in working on my land, I moved 2 large rocks that were nearby on my land into the opening and effectively closed the gap in the wall. The rocks are no taller than the wall and I was careful to align them with the outside face of the wall so as to not extend into my neighbors yard.
I was careful not to step into his yard. My intent was to move the rocks out of my way and use them in the wall to mark the property line just like the existing wall. Now my neighbor has demanded that I remove the rocks. He reasons that there was no previous wall in that location and that my rocks are encroaching on his land. Is he correct?
If his claim is correct I will move the rocks back. But how far back on my land is needed to be legal; half the wall thickness or completely out of the wall? Can I still block the opening if there is no right-of-way? He claims that I have ruined his view and blocked a right-of-way. There is no current deeded easement for passage in this location across either property. Historically, the power company had a utility easement for power lines at this location but the line was removed about 12 years ago and I believe that the easement was extinguished a that time. The Coast Guard and a contractor used the opening on two occasions but it was by permission only. No one else uses this opening.
I look forward to your comments.
Edgeman
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