What is the name of your state? Tennessee
Twenty five years ago I placed a fence 15" within the side property line of my rear yard. This fence was placed 1.4 feet within my property line as a convenience for the neighbor in turning a car around as his rear turn around area abutted the property line. It was a convenience for me as I did not want his car bumper damaging my fence.
New next door owner, as of sixteen years ago, began placing scrap in this 15" X 40' area. I asked him to remove it. He would, but would repeat the process over the years even after I reached over the fence and pushed the scrap off of my property onto his. There was a bank lien on my home from 1967 to 1997. This matter would come under Tennessee law.
Ten years ago neighbor planted bamboo in this 15" X 40' area between the true property line and my rear side fence which spread onto my front, side and rear yards to over 400 SF. Further, he erected a brick post and other plants onto my property along his abutting driveway to the front of this disputed area, That was onto my side yard and front yard. At my insistence, he removed the post and stopped the plantings, but would do nothing about the bamboo. Where it had spread to my side yard, I erected a fence around this to the true property line to shield the unsightly mess, sharp stalks, etc. from public view and access. I have sent letters to him about the bamboo and trespass for the past two years after giving up on verbal requests. He has written me that he would resolve the damages to the spread of bamboo, but doesn't follow up, nor has he wanted to give up the bamboo, but I have taken care of the bamboo to a point. It will probably be again all over my property when spring returns. Near where neighbor removed the brick post, there still is a short four inches of the support column for his wrought iron gate that extends onto my property ahead, and to the front, of where the improperly placed fence is located.
I reached over the fence and reduced the height of the bamboo to the height of the six foot fence. Through removal of fence boards from my fence, I then reduced the bamboo in the area of question to six inches in an attempt to gain control of its spread without my crossing the true property line.
There is no cloud to my title. Older surveys of his and mine for our respective properties leaves no question as to the true line. His attorney, by letter, is accusing me of trespass. I plan to meet with him. What do you think? I have an attorney, but he has asked me to see if I can find out just what this neighbor is shooting for. Is it adverse possession? Is it payment from me for his renailing two boards that I unnailed from a short fence he had extended across the 15" to my fence which is blocking me from removal of rotting logs, scrap iron, rubber tubing and an old motor that are too close to the ground for removal over the fence?
My feeling is that since there is no cloud in my title, he has actively trespassed on my property with a brick post [not between the fence and the true property line], placed debris on this property soon after he moved in sixteen years ago which at my request he moved. Ten years ago he planted the bamboo on 50% of this strip of property. It took me eight years to "seriously" complain about the bamboo since at first it was not visible to me below the six foot fence line, then as it became more mature it began to spread and grow to twenty feet tall. I am l concerned about adverse possession of my property. I have complained about his trespass verbally before starting to write letters to him regarding the bamboo and his trespass. The neighbor has actively and with knowledge of the true property line trespassed for years while I have fought his actions for years. Both he and his wife are in real estate sales and real estate investment.
It doesn't appear that I can reason with this neighbor. I can't see the cutoff bamboo on this area in question from my yard. I cut it down in my efforts to remove the spread to my yard. I really don't care to go to court to get him to refrain from stacking debris in this area and for allowing his short fence to extend over the 1.4 ft width of my property, but I don't want him to gain title to this property by adverse possession. What I'm saying is that I can live with the present situation, but I may regret it later on the adverse possession factor. I could just tear down my fence, spend $1,200.00 rebuilding a fence on the true property line, but under the present climate this might be premature.
I would appreciate your comments.
Twenty five years ago I placed a fence 15" within the side property line of my rear yard. This fence was placed 1.4 feet within my property line as a convenience for the neighbor in turning a car around as his rear turn around area abutted the property line. It was a convenience for me as I did not want his car bumper damaging my fence.
New next door owner, as of sixteen years ago, began placing scrap in this 15" X 40' area. I asked him to remove it. He would, but would repeat the process over the years even after I reached over the fence and pushed the scrap off of my property onto his. There was a bank lien on my home from 1967 to 1997. This matter would come under Tennessee law.
Ten years ago neighbor planted bamboo in this 15" X 40' area between the true property line and my rear side fence which spread onto my front, side and rear yards to over 400 SF. Further, he erected a brick post and other plants onto my property along his abutting driveway to the front of this disputed area, That was onto my side yard and front yard. At my insistence, he removed the post and stopped the plantings, but would do nothing about the bamboo. Where it had spread to my side yard, I erected a fence around this to the true property line to shield the unsightly mess, sharp stalks, etc. from public view and access. I have sent letters to him about the bamboo and trespass for the past two years after giving up on verbal requests. He has written me that he would resolve the damages to the spread of bamboo, but doesn't follow up, nor has he wanted to give up the bamboo, but I have taken care of the bamboo to a point. It will probably be again all over my property when spring returns. Near where neighbor removed the brick post, there still is a short four inches of the support column for his wrought iron gate that extends onto my property ahead, and to the front, of where the improperly placed fence is located.
I reached over the fence and reduced the height of the bamboo to the height of the six foot fence. Through removal of fence boards from my fence, I then reduced the bamboo in the area of question to six inches in an attempt to gain control of its spread without my crossing the true property line.
There is no cloud to my title. Older surveys of his and mine for our respective properties leaves no question as to the true line. His attorney, by letter, is accusing me of trespass. I plan to meet with him. What do you think? I have an attorney, but he has asked me to see if I can find out just what this neighbor is shooting for. Is it adverse possession? Is it payment from me for his renailing two boards that I unnailed from a short fence he had extended across the 15" to my fence which is blocking me from removal of rotting logs, scrap iron, rubber tubing and an old motor that are too close to the ground for removal over the fence?
My feeling is that since there is no cloud in my title, he has actively trespassed on my property with a brick post [not between the fence and the true property line], placed debris on this property soon after he moved in sixteen years ago which at my request he moved. Ten years ago he planted the bamboo on 50% of this strip of property. It took me eight years to "seriously" complain about the bamboo since at first it was not visible to me below the six foot fence line, then as it became more mature it began to spread and grow to twenty feet tall. I am l concerned about adverse possession of my property. I have complained about his trespass verbally before starting to write letters to him regarding the bamboo and his trespass. The neighbor has actively and with knowledge of the true property line trespassed for years while I have fought his actions for years. Both he and his wife are in real estate sales and real estate investment.
It doesn't appear that I can reason with this neighbor. I can't see the cutoff bamboo on this area in question from my yard. I cut it down in my efforts to remove the spread to my yard. I really don't care to go to court to get him to refrain from stacking debris in this area and for allowing his short fence to extend over the 1.4 ft width of my property, but I don't want him to gain title to this property by adverse possession. What I'm saying is that I can live with the present situation, but I may regret it later on the adverse possession factor. I could just tear down my fence, spend $1,200.00 rebuilding a fence on the true property line, but under the present climate this might be premature.
I would appreciate your comments.
boundry line] and avoid having to submit details for someone who might give this question a response other than the first response.