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neighbor suddenly decides my yard is their property

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  • neighbor suddenly decides my yard is their property

    I know there is a name for this. I own a double lot however we never had it surveyed. Someone once told me my property line was just about next to the garage. But we never really knew. Along side our lot is an access lane which belonged to our neighbor and must be kept clear as access to the local resturantes drain field. Then starts his back yard.

    We have lived her over 12 years now. Right from the start I put in a garden. Flower bed, fire pit (campfire) vegitable garden. Put in a row of tall bushes behind all this, and even ASKED our neighbor if I could extend that line with a row of pine trees. Again, just past all this, is that lane, then their yard.
    All of a sudden today, I was informed they want to build a fence and I might have to "move" my plants! NO WAY!

    I have been tending, gardening, mowing, planting this area since we moved in here. Doesn't that give me any rights to that land at all?

    I thought land you tend for so many years you had some kind of rights to.
    When we moved in here there were barrels of oily car parts dumped there not to mention an abondoned car. And weeds! I dealt with all of that.

    Can I do anything?

  • #2
    Re: neighbor suddenly decides my yard is their property

    You can acquire property rights by use and care over a long time period but normally not 12 years unfortunately; but you could seek costs etc. in small claims arguing you relied on the fact you owned it and they let you rely as such.

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    • #3
      Re: neighbor suddenly decides my yard is their property

      Follow up,

      Talked with my neighbors yesterday. They decided NOT to do the fence. Seems they were concerned that trash was blowing into my yard after they had a big wing-ding and it was very windy. They said the fence would catch the trash. I told them not to worry. They dont' have parties that often and it's not that windy that often. I'd rather pick up a few potato chip bags then redo my whole yard. (Gees, get a trash can with a lid! duah! I didn't say that though.)

      Then we discussed where that blasted property line is. They don't know, I don't know. We both bought our houses about the same time and neither previous owner had a clue either. Any metal markers are LONG ago deeply burried. I learned that strip between our two yards was once being farmed by the guy who owns the land west of ours. I'm sure years of farming and tractors going by sunk any markers down so far we'll never find them. AND when I started gardening back there, that spot was used as a dump yard for old car parts. To this day I keep digging up metal bits. They have a metal detector but needless to say, they get lots of false hits.
      They told me they are ok with my yard as is. No fence, BUT I said if they ever sell we'll have this problem all over. What if we bought what ever piece of land I may have encroched on? They are ok with that but have no clue how.

      So..... Yesterday was our town meeting. I asked them how we would go about moving the line once we find it.
      They informed me if we DO get a survey to let them know. See, finding front to back of my property is easy. So many feet from the center line of the road back. But side to side? They have to use a "corner marker" Over the years those were all moved! Thay have had numorous problems with property lines being drawn right through someones house! Just finding the exhisting line is going to be a royal and expencive pain!!!

      I think I'll talk to the neighbors again. This time I'll just ask them, IF they ever do decide to sell, we will get the survey then. AND buy what ever slice of land I'd need to THEN. It's just too expencive to do this.
      So seems I can sleep nights again. phew.

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      • #4
        Re: neighbor suddenly decides my yard is their property

        looks like a good plan!

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