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    Post: Property Boundary

    Posted by M Conway on 8/20/08

    On reparian property, I put an un-used cast iron woodstove
    in a depression eroded during flooding with plans on
    filling it in at a later date. I own the property. You
    can't even see the stove unless you are on my property.
    One morning I heard a knock on my door. I rose and found
    my neighbor and his wife standing on my deck. He asked me
    to follow him, he wanted to show me something. He seemed
    quite agitated. When we arrived at the eroded depression
    at the end of my yard he mentioned something to the effect
    of having concerns about someone falling in the
    depression, injuring themselves and then suing him. I
    sleepily made a comment that a person walking along a
    stream bed on another person's property should be careful
    and mentioned that it was not his property. After
    questioning where I believed my property ended and his
    began he became irate that I would tell him what people
    will sue for and what they will not (apparently he has
    been sued in the past). He actually rents his property as
    a vacation spot to numerous individuals in all seasons.
    At that he left displeased, never mentioning the stove,
    which was what I thought he had in mind (would have
    removed it if he asked).

    Maybe a year later, he had his property surveyed. Lo and
    behold, my property extended a full 5-10 feet more toward
    his rental cottage than he may have anticipated. I
    noticed, despite the realized boundaries, he continued to
    mow according to his old erroneous boundary assessement.
    I asked him if there were any confusion after the survey
    and he claimed that he was only "doing more" to ensure he
    was covering his property. I began cutting along the new
    boundary. I regularly checked that the metal post (rebar)
    was still flagged and set into the ground every few
    months. Another year passed. On one occasion, his
    nephew, cut well into my property, clearly outside of the
    mower boundaries from the last cut (he probably didn't
    know). I went to look for the boundary post and it was
    missing! I asked the neighbor if there was any confusion
    and he became quite irate and said he had never hand any
    interest in where our properties begin and end (he also
    revised the first encounter over the depression - now it
    was admitted the survey was done to see if I was dumping
    on his property). Should I worry about his mowing of a
    portion of my land (adverse possession?). Should I worry
    about the missing marker?


    Posts on this thread, including this one
  • Property Boundary, 8/20/08, by M Conway.
  • Re: Property Boundary, 8/20/08, by --.
  • Re: Property Boundary, 9/12/08, by Vincent M. Smith.
  • Re: Property Boundary, 9/12/08, by Vincent M. Smith.
  • Re: Property Boundary, 9/12/08, by --.
  • Re: Property Boundary, 9/13/08, by Don't post here anymore. .
  • Re: Property Boundary, 9/13/08, by --.
  • Re: Property Boundary, 9/13/08, by --.

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