# OOPS...Slight Miscalculation



## Eatonpcat (Nov 6, 2012)

Been in my house since we built it in 1995 and apparently have been assuming the property line incorrectly. Found the Prop. line stake the other day and notice that some of the ATV trails I cut through the property aren't even on my land. Not to mention, I've been infringing on my neighbors land when I mow...good thing the barn is on my property, a lot closer than I thought to his though!Big Nincompoop!


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## Freeheat (Nov 6, 2012)

Eatonpcat said:


> Been in my house since we built it in 1995 and apparently have been assuming the property line incorrectly. Found the Prop. line stake the other day and notice that some of the ATV trails I cut through the property aren't even on my land. Not to mention, I've been infringing on my neighbors land when I mow...good thing the barn is on my property, a lot closer than I thought to his though!Big Nincompoop!
> 
> View attachment 80050


 
opps hope the neighbor dosn't mind


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## pen (Nov 6, 2012)

Wish my county used a program like that


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## Eatonpcat (Nov 6, 2012)

es332 said:


> opps hope the neighbor dosn't mind


 
What he doesn't know won't hurt him...I will just start not mowing/riding on his property!


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## Eatonpcat (Nov 6, 2012)

pen said:


> Wish my county used a program like that


 

That is a pretty cool site, hard to believe as the county is low end.


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## BrotherBart (Nov 6, 2012)

We have a slick mapping system in this county with the google overlays. The last time they flew the county for pics you could see my cat sleeping by the wood pile.


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## firefighterjake (Nov 6, 2012)

If you and your neighbor are like me and my neighbor probably doesn't matter much. Any normal passerby would assume our property lines start and end where the tree line between our homes are (about a 20-30 foot wide tree line), but the truth of the matter is I actually own more on his side and the property line angles up into "his" backyard."

It doesn't phase me though . . . I wasn't using that bit of land, it gives us both more of a buffer and he's a good guy . . . and in fact his property goes behind mine and he doesn't mind me using it. Truth be told, I sometimes think he feels as though he's somehow infringing on me . . . but as I said, we get along great and I like the guy a lot. My wife and I invited him over last year for Thanksgiving even as he was home alone.

That said . . . if someone else moved into his home I would be sure to tell them from the get-go exactly where the property lines and stakes are . . . just so they know.


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## Eatonpcat (Nov 6, 2012)

firefighterjake said:


> If you and your neighbor are like me and my neighbor probably doesn't matter much. Any normal passerby would assume our property lines start and end where the tree line between our homes are (about a 20-30 foot wide tree line), but the truth of the matter is I actually own more on his side and the property line angles up into "his" backyard."
> 
> It doesn't phase me though . . . I wasn't using that bit of land, it gives us both more of a buffer and he's a good guy . . . and in fact his property goes behind mine and he doesn't mind me using it. Truth be told, I sometimes think he feels as though he's somehow infringing on me . . . but as I said, we get along great and I like the guy a lot. My wife and I invited him over last year for Thanksgiving even as he was home alone.
> 
> That said . . . if someone else moved into his home I would be sure to tell them from the get-go exactly where the property lines and stakes are . . . just so they know.


 
FJ...We are not close, as my wife is unable to forgive them for their dogs footprints in our garage slab.  We both know that they are good people, but they are from the old country and it is very difficult to have a conversation with them.  Our infringement on their property is not an issue, but I will correct the problem, because as you said...If they sell...


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## fishingpol (Nov 6, 2012)

Similar situation here.  My friend next door was concerned about the neighbor on the other side of him doing excavating work near the property line.  He was so worked up that he paid a surveyor to map out his property lines.  When he got home he was shocked to see a spike with marking tape nailed 2 feet into his driveway that is actually my property.  I joke that he needs to clear my section of driveway when it snows.  I own part of his retaining wall according to the spike at the other end of the property.  I smell a financial opportunity here to sell him part of his driveway back.


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## pen (Nov 6, 2012)

fishingpol said:


> Similar situation here. My friend next door was concerned about the neighbor on the other side of him doing excavating work near the property line. He was so worked up that he paid a surveyor to map out his property lines. When he got home he was shocked to see a spike with marking tape nailed 2 feet into his driveway that is actually my property. I joke that he needs to clear my section of driveway when it snows. I own part of his retaining wall according to the spike at the other end of the property. I smell a financial opportunity here to sell him part of his driveway back.


 
My wife's grandparents wound up in the same situation a few years ago. Their drive was partly in the neighbors property. Had been that way for over 80 years (since before they owned the property). It wound up being cheaper and easier for them just to move the driveway. When I say "them" it really means, the kids after acquiring the property.


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## DexterDay (Nov 6, 2012)

Yeah. My neighbor has kinda been moving in a lil more each year

But thats a lil more I don't have to cut 

Wonder if Ashland Co has that??


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## Eatonpcat (Nov 7, 2012)

DexterDay said:


> Yeah. My neighbor has kinda been moving in a lil more each year
> 
> But thats a lil more I don't have to cut
> 
> Wonder if Ashland Co has that??


 
Don't know about Ashland Co, Just search for Ash. Co. Auditor and it should get you there.

Thing that ticks me off the most is now I have to cut a new high speed straight away for the quads!


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## ironpony (Nov 7, 2012)

my fence is one foot inside the property line and my mower is five feet wide so when I go down that side I cut four feet of his grass. on the other side the neighbor cuts what ever he feels like sometimes none sometimes 10 feet in my yard


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## peakbagger (Nov 7, 2012)

FYI, in most states, there is a right of adverse possession, AKA squatter rigths. It varies state by state, but the normal deal is that if a person "openly and notoriously" uses a piece of property as though its their own for set period of time (usually 20 years but can vary), the person can gain a legal right to continue this use. Generally its up to the person who is doing the trepassing to establish this right in court. There also usually needs to be improvements and use, like a wall or a driveway but in some cases its as simple as mowing the lawn. The "clock" stops ticking if the actual property owner can prove that at some point that they objected or allowed the use. This may be as simple as a certified letter to the trespasser from the property owner stating that the trepass is occuring prior to the 20 year point. Do note that if the public owns the property, this does not apply, but if the public is using private property, it can apply. Rockefeller center in NY is privately owned and allegedly they shut it down to the pulbic a minimum of 1 day per year to make sure that they dont lose it.

I dont in any way suggest that someone do this deliberately, but it does help to equalize the negotiations if push comes to shove. In any case if you are either end on a potential issue like this, its worth having a lawyer review as case law in every state is different.  

My neighbor to save money long ago when he was purchasing the lot next to me decided to blaze and paint the boundary between my place and his lot, he did this without talking to me and inadvertently painted a completely new line that adds a triangular shaped piece of land to my lot that is 250' deep by 40 feet at its widest. Its just rough woods with out anything worth cutting so I didnt bother correcting him. He apparently is gettin ready to sell so I will see what happens the next time around.   

Whenever I have bought property, I usually drive a steel pin down deep and out of sight next to the official surveyors pins. Unfortunately visible pins have a tendency on occasion to go "walking". A surveyor uses a special metal detector that can detect iron and  steel pins down very deep and its always interesting when a deep pin remains where the official pins used to be. To give you an idea on accuracy of those detectors, I have found steel masonary nails pounded in old pavement covered with 18 inches of dirt. I also used to follow old barbed wires fences that were mostly a rusty spot in the ground. If you tried to dig the wire up it you didnt find anything that ressembed wire.


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## firefighterjake (Nov 7, 2012)

peakbagger said:


> . . ..
> 
> Whenever I have bought property, I usually drive a steel pin down deep and out of sight next to the official surveyors pins. Unfortunately visible pins have a tendency on occasion to go "walking". A surveyor uses a special metal detector that can detect iron and steel pins down very deep and its always interesting when a deep pin remains where the official pins used to be. To give you an idea on accuracy of those detectors, I have found steel masonary nails pounded in old pavement covered with 18 inches of dirt. I also used to follow old barbed wires fences that were mostly a rusty spot in the ground. If you tried to dig the wire up it you didnt find anything that ressembed wire.


 

I wish I had thought of that on the other side of my property . . . pin was in the stone wall and some folks came along and pushed the stone wall to the side . . . I have no idea where that one pin is now . . . but that said . . . you can see pretty clearly where the line is due to the rest of the stone wall and remains of the sheep fence.


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## Highbeam (Nov 7, 2012)

Adverse possesion is an awful law that allows stealing the land of a neighbor. It should be repealed. In WA it is 7 years.


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## tfdchief (Nov 7, 2012)

Here in IL it is difficult, as it should be, to get a judge to grant the right of adverse possession.


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## onion (Nov 12, 2012)

peakbagger said:


> FYI, in most states, there is a right of adverse possession, AKA squatter rigths. It varies state by state, but the normal deal is that if a person "openly and notoriously" uses a piece of property as though its their own for set period of time (usually 20 years but can vary), the person can gain a legal right to continue this use. Generally its up to the person who is doing the trepassing to establish this right in court. There also usually needs to be improvements and use, like a wall or a driveway but in some cases its as simple as mowing the lawn. The "clock" stops ticking if the actual property owner can prove that at some point that they objected or allowed the use. This may be as simple as a certified letter to the trespasser from the property owner stating that the trepass is occuring prior to the 20 year point. Do note that if the public owns the property, this does not apply, but if the public is using private property, it can apply. Rockefeller center in NY is privately owned and allegedly they shut it down to the pulbic a minimum of 1 day per year to make sure that they dont lose it.
> 
> I dont in any way suggest that someone do this deliberately, but it does help to equalize the negotiations if push comes to shove. In any case if you are either end on a potential issue like this, its worth having a lawyer review as case law in every state is different.
> 
> ...


 
I used to rent from a friend and was thinking about buying the place from him.  While doing some research I realized that the neighbor had a shed on his property.  He was very close on the timeline for adverse possession and ended up selling her the little piece of his property that the shed was on for $5k.  Definitely worth checking out.


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## bfunk13 (Nov 12, 2012)

Ahhhh, close enough.


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