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    Re: Property Boundary

    Posted by Vincent M. Smith on 9/12/08

    On 8/20/08, -- wrote:
    > On 8/20/08, M Conway wrote:
    >> 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?
    >> Thanks.
    > Give him written permission to mow across the property line
    > if he wants to (revocable at your discretion of course).
    > him to acknowledge your permission note with his signature
    > have a witness to you giving him permission. Permissive use
    > does not count for adverse possession or prescriptive
    > easement claims.
    > A more aggressive tactic would be to put up a string
    > barricade along the property line at least once a year with
    > few little signs that say “private property no access
    > permission.” Then take a dated photo. If you physically
    > restrict access (even with a single length of string) at
    > least once a year it will break any claim of continuous,
    > unbroken possession or use of the property by
    him. “Hostile"
    > (open and notorious without permission) use or possession is
    > a requirement for adverse possession or prescriptive
    > claims.
    > PS: Frankly I think spelling on a web forum like this is a
    > non-issue but we have a spell check nut-job on the forum who
    > gets some kind of thrill out of questioning a poster's
    > intelligence if they don't spell perfectly. Note the
    > generally accepted spelling of ["Riparian"].

    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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