• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Ohio private land encroachment

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

So my family bought our house in 2016, this property had no survey on file and we had immediate problems with our neighbors fence. Their fence was in disrepair and was constantly falling down in small sections on our side. I seen this fence as an obvious boundary fence but the thing was all over the place like a child learning to drawl lines for the first time. The fence was only half the problem, the other problem was a mature tree that appeared to be right on the edge of our side. This tree was a healthy mature cottonwood, providing plenty of shade for our back yard. In 2017, the neighbor decided to cut a branch that overhung on her side. The tree soon died because of it, she admitted to accidentally killing it and stated that it was our tree. I was still fighting to get a survey done, having nothing but problems from the companies around our district, massive wait times. During the first year her fence fell apart once and her dogs ruined our kids pool, no biggy, whatever, life went on after she fixed her fence and we never complained. Second year, her fence fell three times. We started to notice that every time her fence fell, we would loose part of our yard as she would build further each time. Third year, i noticed not only have they been building their fence closer and closer to our house but that her and her family constantly would come onto our side for no apparent reason. I finally got fed up when she yelled at my kids for stepping on "her side" while they were playing ball close to the road where her fence doesn't cover. She only fenced in her back yard. Anyways, the next time they came over for no reason and trampled around in my saplings, I let her know she was to vacate my property ASAP and then i called the sheriff so they would know what happened and filed a complaint. Now, months after that little dispute, I finally got my survey done. It shows that the fence is over 3 foot on our side, for over half the length of our yard. The cottonwood tree is a boundary tree and is very dangerous now that its been dead for so long and must be removed. I contacted the township and they stated the tree would have to be paid by me since i want it down. Well i can't leave it up due to the danger it poses on three different properties. I am at a loss as to what to do and where to even start. She killed the boundary tree but I have to pay for it to be removed? And what about the fence? Is it my responsibility too since its on my side? The last time she fixed the fence was this past summer and she tore up the sod and laid gravel in the entire back yard, the proceeded to get livestock. That land is ruined. I just don't know what to do or where to start, what battles should be fought and what needs to be taken as a loss... Please help, any advice will surely be better than the standstill i feel as though I'm in. I was advised not to speak to my neighbor until i figured out what my rights were but I don't even know where to look. Thank you in advance for any info or insight.
 


quincy

Senior Member
You can send your neighbor a copy of the survey and request that she move the fence to her property and you can sue your neighbor for any damages she has caused to your property.
 
What is the name of your state?

I would never ever buy a property without having a survey done myself before closing.
I live in the state of Ohio. As for closing before survey was done, well he already paid for two different inspections, an tons of other stuff but we simply didn't have the money for the survey. We were first time home buyers that had 4 kids, so some things were left to the wayside in our ignorance. We thought since we had the deed and lot print, that we only needed someone to read it to us in laymen's terms. we were wrong.
 
Honestly though, I was told not to talk with my neighbor until I found out what my rights are. So we didn't turn in the survey to them. But really... the post, flag, and spray-paint on what they had considered their property should give them an good idea as to whats going on. Also, before I was told to keep my mouth shut, I had already let them know I would be getting a survey done. In all reality, where we live, they are supposed to get a permit for their fence prior to placing it. And in order to get that permit, they would have had to get a survey done.
At any rate, I was told lastnight to turn my survey into the county recorder and notify them of encroachment. Then to lawyer up. I really rather not deal with a lawyer but my father told me that since the fence is meant to be a boundary, that i myself may be in violation of maintenance to it.
 

not2cleverRed

Obvious Observer
Honestly though, I was told not to talk with my neighbor until I found out what my rights are. So we didn't turn in the survey to them. But really... the post, flag, and spray-paint on what they had considered their property should give them an good idea as to whats going on. Also, before I was told to keep my mouth shut, I had already let them know I would be getting a survey done. In all reality, where we live, they are supposed to get a permit for their fence prior to placing it. And in order to get that permit, they would have had to get a survey done.
At any rate, I was told lastnight to turn my survey into the county recorder and notify them of encroachment. Then to lawyer up. I really rather not deal with a lawyer but my father told me that since the fence is meant to be a boundary, that i myself may be in violation of maintenance to it.
1) Notify them in a Demand Letter of the encroachment, and that it needs to be removed. If you hire a lawyer to write the letter, it sounds more authoritative (and is more likely to get results). If they still refuse to move their fence off your property, then, off to court you go...

2) If there are monetary damages to your property, get a professional estimate of the cost to remediate (fix) the problem, and off to court you go...

3) Once you get her to move her fence, put in a fence of your own, following whatever your local code dictates. (Some areas have setback requirements if it's not a mutually owned fence. There may also be height limitations.) She is less likely to move her fence onto your property if she has to leapfrog over your fence to do so.

4) If possible, make that cottonwood pay you back for its removal. There are businesses that can plane the wood on site, and then you can sell the planed wood. Or, if the tree has a lot of burls, you can contact a local wood carving club and see if anyone would be interested those pieces.
 

FarmerJ

Senior Member
Do you know of someone who has experience taking down trees limb by limb? or look online, yellow pages for a custom lumber products business who may know someone who might want it for the wood?
 

Stephen1

Member
Tree removal - some years ago I had rental property in Texas. There was a Mesquite tree that died. My manager checked around for getting it removed. Lots of companies want a bunch of money to remove it. The manager then found a company who actually wanted the wood and would remove it for free if we let them keep the wood. So the moral to the tale is: Keep looking for an appropriate removal company.
 
1) Notify them in a Demand Letter of the encroachment, and that it needs to be removed. If you hire a lawyer to write the letter, it sounds more authoritative (and is more likely to get results). If they still refuse to move their fence off your property, then, off to court you go...

2) If there are monetary damages to your property, get a professional estimate of the cost to remediate (fix) the problem, and off to court you go...

3) Once you get her to move her fence, put in a fence of your own, following whatever your local code dictates. (Some areas have setback requirements if it's not a mutually owned fence. There may also be height limitations.) She is less likely to move her fence onto your property if she has to leapfrog over your fence to do so.

4) If possible, make that cottonwood pay you back for its removal. There are businesses that can plane the wood on site, and then you can sell the planed wood. Or, if the tree has a lot of burls, you can contact a local wood carving club and see if anyone would be interested those pieces.
great ideas, i will continue looking around for different companies. thank you!
 
Do you know of someone who has experience taking down trees limb by limb? or look online, yellow pages for a custom lumber products business who may know someone who might want it for the wood?
i dont know anyone but i will keep looking around. i know some that will come an take the wood but they wouldnt expect to pay for it lol
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top