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neigbor encroachment

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orla

Guest
We purchased our home/property 1 1/2 years ago. The home had been a rental for several years and the neighbor slowly began taking over the yard. A gate was put in to allow people back and forth on the back fence. He edged the lawn to appear as though it is his proerty but it was actually about 30 feet into our lot. we moved in. He gradually began to let us know that our proerty line extended further than it appeared until we agreed (and checked with a surveyor) that it goes the 30 feet. We removed the edging and planted grass. we removed the old fence that made the yard appear small. we sunk posts and planted kiwi vines along the actual property line. He frequently mows well in to our yard which is not a problem if he WANTS to do it to be nice, but we are a little worried that he may lay claim to the proerty. We are paying full taxes on it and we have been caring for it since we moved in. How do we reclaim this property to be certain he may not take it over? At which point do we not have to worry about him claiming ownership since he cared for it prior to us moving in? We have an amicable relationship but my gut tells me we need to be careful about this. I don't want to sleep on our rights and be sorry. Thank you for your advice. We appreciate it greatly.

Orla
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by orla:
We purchased our home/property 1 1/2 years ago. The home had been a rental for several years and the neighbor slowly began taking over the yard. A gate was put in to allow people back and forth on the back fence. He edged the lawn to appear as though it is his proerty but it was actually about 30 feet into our lot. we moved in. He gradually began to let us know that our proerty line extended further than it appeared until we agreed (and checked with a surveyor) that it goes the 30 feet. We removed the edging and planted grass. we removed the old fence that made the yard appear small. we sunk posts and planted kiwi vines along the actual property line. He frequently mows well in to our yard which is not a problem if he WANTS to do it to be nice, but we are a little worried that he may lay claim to the proerty. We are paying full taxes on it and we have been caring for it since we moved in. How do we reclaim this property to be certain he may not take it over? At which point do we not have to worry about him claiming ownership since he cared for it prior to us moving in? We have an amicable relationship but my gut tells me we need to be careful about this. I don't want to sleep on our rights and be sorry. Thank you for your advice. We appreciate it greatly.

Orla
<HR></BLOCKQUOTE>

My response:

This is quite simple. You know where the property line is, correct? So, don't put up with your neighbor getting, or allow him to get, the wrong impression. If you are paying the taxes, then he can't claim it. However, to allow him on your property can give him a possible easement. Therefore, if there is nothing there as a "marker" to deliniate your yard from his, go to your Home Center Store and buy some logs. Lay them down on the line, but within your claimed property (that way he can't bring his mower onto your property). Every 5 feet, place a little sign on your side, but facing his property, saying: "Beyond this point is the ("YOUR NAME") property."

That's all. He'll get the idea, and you are within your rights to do so.

IAAL




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