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    Re: Property Boundary

    Posted by Don't post here anymore. on 9/13/08

    This is a law students chatroom. Law students cannot give legal
    advice. Retain an attorney or seek free help from the Legal Aid

    Don't post here anymore.

    On 9/12/08, Vincent M. Smith wrote:
    > 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).
    > Get
    >> him to acknowledge your permission note with his signature
    > or
    >> 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
    > a
    >> few little signs that say “private property no access
    > without
    >> 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
    > easement
    >> 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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