Neighbors...

[lovin diz]

We bought a lot about 2 or 3 months ago (size 80 X 175). We noticed that an older car was parked on it, (come to find out it was neighbor #1). We spoke with them and they told us it was their car, but it was still being parked there. THen they said they wanted to put up a fence. When we asked where the boundaries were they said they werent sure but were guessing it was from Pier to pier We ended up paying $300 to get our lot surveyed, and found out that neighbor #1 had 2 flowerbeds on our lot, 1 foot of their peir was on our lot, and the car was parked on our lot--we spoke with them and asked them to move it, and it even though we can tell they are angry about it, they moved everything.

The problem is neighbor # 2...The other neighbor had a load of mulch dumped on our property, they asked if they could keep it there for a while we said we would prefer not, we want to enjoy our lot. THey asked how long before we were going to build, and we explained that we were not going to build until 24 months. Then the husband asked if he could plant a garden on our lot we said no, we wanted to enjoy the lot. when the lot was surveyed, the surveyer found that about 3 foot of their pier is on our property--They said they were not going to get the man who builds the piers out, until we built our boat slip and pier b/c it would cost them too much money....We have been EXTREMELY nice and civil about everything until this weekend..

Backstory is that my sister teaches neighbor #2's son (2nd grade) b/c of budget issues they are going to lay off my sister who is a first year teacher, and #2 has wrote the school board trying to save my sisters job...So dh and i have tried to be very nice.

Anyway, this weekend #2 was having a party. We went to cut our grass, and play in the water for a while, but we noticed that the survey stakes were gone, and then, we notice that there are 4 piles of dumped grass on the lot....

DH flew over there--he asked the woman (#2's friend) who was cutting the grass if she had dumped her grass there; when she said yes, dh asked her to move it, she said f... you... I'm not moving a d... thing...and all of the yelling started....#2 came out when she heard the screaming, and then she started screaming...asking what the problem was, its just grass...then saying how nuts dh was for screaming, which if she would have been outside, she would have noticed her friend was up in our face...Personally, she ought to think GOD, i had a headache b/c i would have thrown her in the river if i had been feeling well

so #2 thinks we are demanding too much...We just want what we paid for, and want to enjoy it....Are we wrong??

 

[hentob]

so #2 thinks we are demanding too much...We just want what we paid for, and want to enjoy it....Are we wrong??

You are NOT wrong.

These people are very rude

 

[DVC~OKW~96]

Starting out warring with the neighbors is never right.

If you are this concerned about your property, then get a fence up. Until you do, you will continue to have problems.

 

[It'sWDW4me]

Starting out warring with the neighbors is never right.

If you are this concerned about your property, then get a fence up. Until you do, you will continue to have problems.

Yeah, I agree. Since the lot is empty, both neighbors have been slowly encroaching upon it for - how long - years? As evidenced by both of their piers and the flower bed. Have a fence put up. A short (3' or so) picket or chain-link fence shouldn't obstruct your view too much but it will define the boundaries that your neighbors are currently more than happy to ignore. Good luck!

 

[OceanAnnie]

I don't think you should have to get a fence up. I really don't. People should respect property boundaries. Period. The warring wouldn't take place if they did. It sounds like a huge mess. Not your fault. They want something for nothing, while you pay for it. Not cool at all.

I would be mad too. I'd take couple #2 (?) to court to move that danged pier. There is a common law in some states that if they have "possession" for a certain amount of time, they can take the property over. Claim it as theirs.

I'd be mad as heck. You bought it. It's yours. If they want peace as you do, they'd use their own property. Leave yours alone!

 

[hentob]

Starting out warring with the neighbors is never right.

If you are this concerned about your property, then get a fence up. Until you do, you will continue to have problems.

Why should she have to pay for a fence? Fencing (done right) is VERY expensive.

These people are throwing mulch and cut grass on the OP's property...and the know full-well it is NOT their property to do so

They are lifting up boundary stakes I see them destroying a fence too.

They seem very disrespectful.

 

[hentob]

DH flew over there--he asked the woman (#2's friend) who was cutting the grass if she had dumped her grass there; when she said yes, dh asked her to move it, she said f... you... I'm not moving a d... thing.

So she throws grass on your property and uses the F bomb to say "I won't move my garbage from your yard"

A fence won't do anything for people like this.

 

[RitaZ.]

I don't think you should have to get a fence up. I really don't. People should respect property boundaries. Period. The warring wouldn't take place if they did. It sounds like a huge mess. Not your fault. They want something for nothing, while you pay for it. Not cool at all.

I would be mad too. I'd take couple #2 (?) to court to move that danged pier. There is a common law in some states that if they have "possession" for a certain amount of time, they can take the property over. Claim it as theirs.

I'd be mad as heck. You bought it. It's yours. If they want peace as you do, they'd use their own property. Leave yours alone!

I'm with you.

You haven't done anything wrong. They have. It doesn't matter if you won't be building on the lot for another 10 yrs. It's your property, not theirs. They don't get to decide how and when they use YOUR lot.

Good luck.

 

[MushyMushy]

Starting out warring with the neighbors is never right.

If you are this concerned about your property, then get a fence up. Until you do, you will continue to have problems.

I agree, but the OP and her husband aren't the ones who are starting the warring. They are simply defending what they should have a right to enjoy.

 

[OceanAnnie]

You and your DH are coming into a super bad situation. You have people on both sides that want your property without paying for it. They see you as the enemy because you have bought the property. They see you as stealing it away from them because they have basically had it. They should have known better than to claim it to begin with, and should relinquish it now that you are owners.

They don't sound like people that you can work with. No character at all. See if you can get the couple to admit to pulling up the stakes. If they do, get them replaced and send them the bill. I'd have them replaced with a cement foundation but only charge them for what they pulled up.

You may need to get a warrant for trespassing with the pier and other stuff. Get a paper trail and let them know you mean business. Maybe they will back off then.

I'd be so mad, they'd want to back off just because.

 

[DisneyBamaFan]

Slightly different perspective. They have been using the property, as they are now, for a long time - maybe years. The previous owner of the lot did not stop them (might have even given them permission, since it was not developed).

Then you show up as the new owner with no plans to build for 2 years and they ask if they can continue to use the edges of the lot until you build and you tell them no. It was/is your right to do so, but they are going to think that you are being a jerk. (note - I am not calling you a jerk)

In their eyes, they are not hurting you in any way, and they are probably thinking that they would let you if the shoe were on the other foot. You say that you want to enjoy the lot. Every inch of it? You couldn't enjoy it with a pile of mulch on the edge until it is spread in their beds, or a few flower beds on the perimeter, until you build? This is what they are thinking.

Whether you are right or wrong really doesn't matter any more, because you can be right as rain and still have to deal with neighbors (who could have been great friends - ) who will now look for any opportunity to ruin your day.

 

[daughtersrus]

Another thing to consider is your liability. If someone gets hurt on your property (either the land or the pier since it's on your property) could you be liable? If you put up "No Trespassing" and "No Dumping" signs may help protect you but I doubt that they would stop them from using your property.

If "it's just grass" I would say fine, put the grass on YOUR property and start flinging shovels full of it back into their yard.

 

[OceanAnnie]

Slightly different perspective. They have been using the property, as they are now, for a long time - maybe years. The previous owner of the lot did not stop them (might have even given them permission, since it was not developed).

Then you show up as the new owner with no plans to build for 2 years and they ask if they can continue to use the edges of the lot until you build and you tell them no. It was/is your right to do so, but they are going to think that you are being a jerk. (note - I am not calling you a jerk)

In their eyes, they are not hurting you in any way, and they are probably thinking that they would let you if the shoe were on the other foot. You say that you want to enjoy the lot. Every inch of it? You couldn't enjoy it with a pile of mulch on the edge until it is spread in their beds, or a few flower beds on the perimeter, until you build? This is what they are thinking.

Whether you are right or wrong really doesn't matter any more, because you can be right as rain and still have to deal with neighbors (who could have been great friends - ) who will now look for any opportunity to ruin your day.

With friends like that...

Seriously, the couples have their own property. Is it a matter of they need a little more property or what can I get away with? ETA- Neither is acceptable.

Another thing to consider is your liability. If someone gets hurt on your property (either the land or the pier since it's on your property) could you be liable? If you put up "No Trespassing" and "No Dumping" signs may help protect you but I doubt that they would stop them from using your property.

If "it's just grass" I would say fine, put the grass on YOUR property and start flinging shovels full of it back into their yard.

Me too.

 

[Mickey's Minion]

We bought a lot about 2 or 3 months ago (size 80 X 175). We noticed that an older car was parked on it, (come to find out it was neighbor #1). We spoke with them and they told us it was their car, but it was still being parked there. THen they said they wanted to put up a fence. When we asked where the boundaries were they said they werent sure but were guessing it was from Pier to pier We ended up paying $300 to get our lot surveyed, and found out that neighbor #1 had 2 flowerbeds on our lot, 1 foot of their peir was on our lot, and the car was parked on our lot--we spoke with them and asked them to move it, and it even though we can tell they are angry about it, they moved everything.

The problem is neighbor # 2...The other neighbor had a load of mulch dumped on our property, they asked if they could keep it there for a while we said we would prefer not, we want to enjoy our lot. THey asked how long before we were going to build, and we explained that we were not going to build until 24 months. Then the husband asked if he could plant a garden on our lot we said no, we wanted to enjoy the lot. when the lot was surveyed, the surveyer found that about 3 foot of their pier is on our property--They said they were not going to get the man who builds the piers out, until we built our boat slip and pier b/c it would cost them too much money....We have been EXTREMELY nice and civil about everything until this weekend..

Backstory is that my sister teaches neighbor #2's son (2nd grade) b/c of budget issues they are going to lay off my sister who is a first year teacher, and #2 has wrote the school board trying to save my sisters job...So dh and i have tried to be very nice.

Anyway, this weekend #2 was having a party. We went to cut our grass, and play in the water for a while, but we noticed that the survey stakes were gone, and then, we notice that there are 4 piles of dumped grass on the lot....

DH flew over there--he asked the woman (#2's friend) who was cutting the grass if she had dumped her grass there; when she said yes, dh asked her to move it, she said f... you... I'm not moving a d... thing...and all of the yelling started....#2 came out when she heard the screaming, and then she started screaming...asking what the problem was, its just grass...then saying how nuts dh was for screaming, which if she would have been outside, she would have noticed her friend was up in our face...Personally, she ought to think GOD, i had a headache b/c i would have thrown her in the river if i had been feeling well

so #2 thinks we are demanding too much...We just want what we paid for, and want to enjoy it....Are we wrong??

The Rule.

First of all, I would stop talking to the neighbors until you have written a certified letter to both stating what you want.

Send them a certified, signed for letter telling them that you are the new owners and you want the dock moved within x amount of time, you do not want stuff thrown onto your property, etc. Layout your expectations.

A simple letter will prove that you intend to own and use the property and will stop all claims of adverse possession.

However, if you keep telling them verbally, it is your word against theirs if it ever comes down to a law suit that you said anything.

Be civil, be the better person and do not scream back, and do all communication with the neighbors regarding these issues via written communication. When on the property, smile, wave, do not engage. If there is mulch on the property, send another letter. After a couple of letters with no compliance, have a lawyer send a letter on their letterhead. That usually will do the trick.

 

[lovin diz]

Slightly different perspective. They have been using the property, as they are now, for a long time - maybe years. The previous owner of the lot did not stop them (might have even given them permission, since it was not developed).

Then you show up as the new owner with no plans to build for 2 years and they ask if they can continue to use the edges of the lot until you build and you tell them no. It was/is your right to do so, but they are going to think that you are being a jerk. (note - I am not calling you a jerk)

In their eyes, they are not hurting you in any way, and they are probably thinking that they would let you if the shoe were on the other foot. You say that you want to enjoy the lot. Every inch of it? You couldn't enjoy it with a pile of mulch on the edge until it is spread in their beds, or a few flower beds on the perimeter, until you build? This is what they are thinking.

Whether you are right or wrong really doesn't matter any more, because you can be right as rain and still have to deal with neighbors (who could have been great friends - ) who will now look for any opportunity to ruin your day.

THis is what i am truly afraid of....Doesnt matter if we are right...Even though it seems as if we are. They can make building very hard on us... THe lot was vacant for 2 years. They could do what they want, when they wanted. We have owned the lot since march..(i think) we have been very nice about everything...No screaming(until this weekend) just please move this, please move that. We are working on the lot, even though we are not building yet....We are having dirt hauled on it, and there is a hill--we have put sod on the hill so the dirt doesnt run into the water....

THey see us doing work. Our thought is the pier can wait, it costs money to move, but maybe since we asked them, they would not use the lot anymore, but to come and see the survey markers pulled up, and piles of grass, how can we do what we want to do?? As a previous poster mentioned...We dont want them to put up a garden on the lot, what if they take us to court, and say well you let us use it, so we want to claim it as our own??

Then, it would be up to us to pay another $300 for a survey done...Again....and i dont think they would pay for it....

Thanks everyone for your support....I truly cant wait until we do build, and have a fence up...Fences definatly make good neighbors...

 

[DawnM]

UGH! I don't see this ending well. They will be talking and ganging up on you before you even start to build. Are you sure you want to live there? I know you already bought the property, but this sounds like a bad situation.

Dawn

 

[clh2]

I bought a house that had been a rental property (i.e. the tenants didn't really care about lot lines.) When I moved in, I was having a hard time with the neighbors in back "mowing about 10 feet over the property line (right up to a row of trees). I tried to talk to them and be civil. The probelms persisted a couple of more weeks. I did not want this to be an ongoing battle, so I contacted an attorney who wrote a simple 1-page letter and sent it certified. Granted this was about 25 years ago, it cost about $50 for this to be sent.

In this case, while this couple wasn't taking me seriously, after the letter from the attorney came, I did not have any more issues with them.

Since you've got issues with both sides - I would retain an attorney. They simply have more expertise in the legalities than you do.

Again - the goal with a lawyer isn't to sue, it is more to "peacefully" request that they stop using your lot and your space. That is all. I also feel this more formerly documents what is going on.

 

[DawnCt1]

I don't think you should have to get a fence up. I really don't. People should respect property boundaries. Period. The warring wouldn't take place if they did. It sounds like a huge mess. Not your fault. They want something for nothing, while you pay for it. Not cool at all.

I would be mad too. I'd take couple #2 (?) to court to move that danged pier. There is a common law in some states that if they have "possession" for a certain amount of time, they can take the property over. Claim it as theirs.

I'd be mad as heck. You bought it. It's yours. If they want peace as you do, they'd use their own property. Leave yours alone!

Unfortunately you are right. Encroachment that goes unchecked can make way for 'adverse possession". Furthermore, if someone gets hurt on their pier which is on the OP's property, they can be sued. It is time to end the conversations with both of these neighbors and get a lawyer to do the talking.

 

[Mickey's Minion]

Unfortunately you are right. Encroachment that goes unchecked can make way for 'adverse possession". Furthermore, if someone gets hurt on their pier which is on the OP's property, they can be sued. It is time to end the converions with both of these neighbors and get a lawyer to do the talking.

Adverse possession can be alleviated by one simple certified letter. It doesn't even have to come from an attorney.

All you have to do is prove that you were planning on using the property and show that you asked the neighbors to respect the property lines.

OP - sit down and draft 2 letters.

State that you are the new owners as of March.

Tell them (nicely) that the dock is on your property and they have till XYZ to move it.

Tell them that flower beds, gardens, etc need to remain within their lot lines.

Tell them that there is no dumping on your lot.

And any other thing you want done with your property.

Send the letter certified, signature required.

Do not engage verbally anymore. It only causes animosity and you have absolutely no proof that you made the requests.
And by requesting that the dock be moved, you have proof to insurance companies that the dock belongs to the neighbor and should relieve you of liability should somebody get hurt on it.

If you want to be neighborly and let them have a garden on a corner of your property, you can also grant permission via certified letter. Make it specific - you can have a garden plot X x X size, on _____ part of the property from June 1 - October 1. The garden will be tilled and returned to natural by November 1, etc. This is giving them permission to use your property while still making it clear you retain ownership so that they can never claim adverse possession.

And look into an umbrella policy on your property in addition to your homeowners. A 2 million umbrella costs us only 200 a year. Having a property on the water, this may be a good idea.

 

[daughtersrus]

THis is what i am truly afraid of....Doesnt matter if we are right...Even though it seems as if we are. They can make building very hard on us... THe lot was vacant for 2 years. They could do what they want, when they wanted. We have owned the lot since march..(i think) we have been very nice about everything...No screaming(until this weekend) just please move this, please move that. We are working on the lot, even though we are not building yet....We are having dirt hauled on it, and there is a hill--we have put sod on the hill so the dirt doesnt run into the water....

THey see us doing work. Our thought is the pier can wait, it costs money to move, but maybe since we asked them, they would not use the lot anymore, but to come and see the survey markers pulled up, and piles of grass, how can we do what we want to do?? As a previous poster mentioned...We dont want them to put up a garden on the lot, what if they take us to court, and say well you let us use it, so we want to claim it as our own??

Then, it would be up to us to pay another $300 for a survey done...Again....and i dont think they would pay for it....

Thanks everyone for your support....I truly cant wait until we do build, and have a fence up...Fences definatly make good neighbors...

I think that if you want them to stop using your land, you need to make sure that they stop using all of your land. Otherwise, you're sending them mixed messages. It's OK to use the land by the pier but not the land to dump grass or put a garden on. It's going to cost them money to move the pier whether they do it now or later. It may end up costing you money if someone gets hurt on the pier while it's still on your property.

As for the survey, check and see if they put any pipes in the ground. Here when a survey is done, they drive in conduit type poles into the ground and place a marking stick on top of the ground.

Best of luck!