ikeroberts
Junior Member
What is the name of your state (only U.S. law)? Indiana
I own a 6 acre lot in a rural subdivision. The lots were platted from a farm in the mid-90's, so we are not talking about property lines going back a hundred years. The lot adjacent to mine was never developed, but recently it was bought by a gentleman who intends to build on it. The first thing he did was clear off about a third of his lot fronting the road. He also cleared off an area of my lot, about 4,000 square feet that adjoins his lot, with a Bobcat. I had deliberately allowed this area to 'go wild' since it was a low lying area that I wanted to maintain as a wetland and wildlife habitat, and as protection for the watershed that feeds into my pond. So appearance-wise, the overgrown area on my lot looked like the overgrowth of brush on his lot. Now it's a muddy rutted mess.
I talked to the workers and they said he thought the property line was marked by a small culvert, and he told them to clear all of the overgrowth. The lines are defined by the utility pole about 20 feet away. The new owner should have known this. He has a title which should show approximately where the lines are. The county has a website which shows the property line going through the utility poles. As the workers cleared back from the road, they cleared an ever widening swath of my property, up to 50 feet wide. I was able to locate the surveyor's pin at one end of the boundary, but not the pin near the road. I realize that, without a full survey, the lines can be off by a few feet, but his people were over the line by far more than that. Other actions that this person has taken tell me that he doesn't want to be bothered by things like property rights of his neighbors or zoning laws.
I sent him a letter with a copy of the county satellite map enclosed, informed him that I'm not seeking damages at the time, but would pursue any legal remedy if he trespasses again. I probably should have called the sheriff as soon as I found the damage that was done, but at least I took some pictures. I have a high degree of certainty of the location of the lines within a foot or so, but can't know exactly without a new survey. In the meantime I put up a temporary fence about two feet back of where I believe the lines are. Should I get the line marked by a licensed surveyor? If he starts clearing any more of my property, should I call the sheriff?
I own a 6 acre lot in a rural subdivision. The lots were platted from a farm in the mid-90's, so we are not talking about property lines going back a hundred years. The lot adjacent to mine was never developed, but recently it was bought by a gentleman who intends to build on it. The first thing he did was clear off about a third of his lot fronting the road. He also cleared off an area of my lot, about 4,000 square feet that adjoins his lot, with a Bobcat. I had deliberately allowed this area to 'go wild' since it was a low lying area that I wanted to maintain as a wetland and wildlife habitat, and as protection for the watershed that feeds into my pond. So appearance-wise, the overgrown area on my lot looked like the overgrowth of brush on his lot. Now it's a muddy rutted mess.
I talked to the workers and they said he thought the property line was marked by a small culvert, and he told them to clear all of the overgrowth. The lines are defined by the utility pole about 20 feet away. The new owner should have known this. He has a title which should show approximately where the lines are. The county has a website which shows the property line going through the utility poles. As the workers cleared back from the road, they cleared an ever widening swath of my property, up to 50 feet wide. I was able to locate the surveyor's pin at one end of the boundary, but not the pin near the road. I realize that, without a full survey, the lines can be off by a few feet, but his people were over the line by far more than that. Other actions that this person has taken tell me that he doesn't want to be bothered by things like property rights of his neighbors or zoning laws.
I sent him a letter with a copy of the county satellite map enclosed, informed him that I'm not seeking damages at the time, but would pursue any legal remedy if he trespasses again. I probably should have called the sheriff as soon as I found the damage that was done, but at least I took some pictures. I have a high degree of certainty of the location of the lines within a foot or so, but can't know exactly without a new survey. In the meantime I put up a temporary fence about two feet back of where I believe the lines are. Should I get the line marked by a licensed surveyor? If he starts clearing any more of my property, should I call the sheriff?