Shared fences and eminent domain

[007]

I have some problematic neighbors that allow a their weed and bush overgrowth to constantly take over the shared fence in my back yard. I trim this shit back multiple times per year and am getting rather sick of it invading my yard. What's really aggravating is that five feet of my yard is on their side of the fence. Unfortunately the fence has been there since before we moved in. It's a battle I'm tired of fighting.

I'm curious what others in similar situations have done. I've tried talking to them before but none of them give a shit since the growth from their weeds is on my side. Not their problem and all that BS.

Picture attached for reference. I don't think antifreeze and aids infected needles will help here.

[007]

Originally Posted by cooper barrett

let the dogs get loose and shoot them...

Dogs like this are maddening because you don't know what they will do if they get out. Will they attack or will they just bark and growl but do nothing else. I'm always a little nervous when my youngest is out back shooting basketball.

[cooper barrett]

notify the neighbor in writing that you have a concern, notify the city you live in that you are concerned with containment, Tell them you action plan is to shoot first....after seeing fence.

As far as your fence goes and property lines your title insurance co should get you within inches of the pins you need to find. If neighbors fence is on your property, they will deal with it.

[Bugeater]

The problem is there is no way to determine whose fence it is. It's old as **** and it's a shadow box design so the posts aren't on a specific side.

[cooper barrett]

If it's built on your property, it's yours and good side points out is the rule in most nice areas I have lived it.

Go out to it with a chain saw and cut it out. Tell him that as soon as the homeowners assn ok's the replacement design, you will install a new one, meantime chain up your dogs...

Oh and you are paying 1/2 the cost.

Why did you destroy it? It was beyond the point of securely retaining your dogs....

[stumppy]

Hmmm, I'd just do whatever needs to be done.

[srvy]

My advise as a Registered Professional Surveyor is dont do anything Cooper Barrett suggests. Well unless you want a legal issue with your neighbor.

[007]

Originally Posted by stumppy

Hmmm, I'd just do whatever needs to be done.

I would but I don't want their dogs destroying a brand new fence anymore than I want them destroying this old one.

It's clear they seem to think their dogs destroying the fence is my problem and not theirs.

[cooper barrett]

I can build a fence a chain saw will loose eating....

You need to get a sense of humor, Are you really thinking I am suggesting that he take a chain saw to it. but if his property has a survey, and pins can be located that prove the fence is on 007's property, he could destroy it with what recourse from his neighbor? "you tore down your fence?" If ownership is in question, deliver the debris to his driveway...

He removed a section of fence built on his property...


I advised him to call his title insurance carrier... Bad advise? He has not done so....

[007]

Originally Posted by cooper barrett

I can build a fence a chain saw will loose eating....

You need to get a sense of humor, Are you really thinking I am suggesting that he take a chain saw to it. but if his property has a survey, and pins can be located that prove the fence is on 007's property, he could destroy it with what recourse from his neighbor? "you tore down your fence?" If ownership is in question, deliver the debris to his driveway...

He removed a section of fence built on his property...


I advised him to call his title insurance carrier... Bad advise? He has not done so....

But it sure sounds like fun.

[srvy]

Originally Posted by cooper barrett

I can build a fence a chain saw will loose eating....

You need to get a sense of humor, Are you really thinking I am suggesting that he take a chain saw to it. but if his property has a survey, and pins can be located that prove the fence is on 007's property, he could destroy it with what recourse from his neighbor? "you tore down your fence?" If ownership is in question, deliver the debris to his driveway...

He removed a section of fence built on his property...


I advised him to call his title insurance carrier... Bad advise? He has not done so....

The Title Company is going to recommend a certified legal corners and encroachment survey. Why because they know the loan survey your Mortgage Lender ordered to close isnt worth the paper its printed on.

You can locate your and find those pins sure they still need to be verified by a licensed surveyor. Lot can happen to those pins and fencing companies are notorious for disturbing them of digging them up setting the post. Then just beating back into the ground close to where they think it was.

There is a reason why courts are tied up with property disputes. Its because of adjoiners not discussing problems and trying to work them out. Instead someone goes off half cocked and does something along a property line thinking they know where their line is. As soon as it gets to lawyers each party is going to have a legal survey done and everything within 5 feet either side of the line that you kick and doesn't move located and plotted on the certificate of survey. Then off to court you go and the Judge will decide. Id like to see Coop up in front of a judge explaining he bought a magnetic locator and found the pins himself. The first thing that judge will ask is license number and state it was issued.

[BryanBusby]

Originally Posted by srvy

The Title Company is going to recommend a certified legal corners and encroachment survey. Why because they know the loan survey your Mortgage Lender ordered to close isnt worth the paper its printed on.

You can locate your and find those pins sure they still need to be verified by a licensed surveyor. Lot can happen to those pins and fencing companies are notorious for disturbing them of digging them up setting the post. Then just beating back into the ground close to where they think it was.

There is a reason why courts are tied up with property disputes. Its because of adjoiners not discussing problems and trying to work them out. Instead someone goes off half cocked and does something along a property line thinking they know where their line is. As soon as it gets to lawyers each party is going to have a legal survey done and everything within 5 feet either side of the line that you kick and doesn't move located and plotted on the certificate of survey. Then off to court you go and the Judge will decide. Id like to see Coop up in front of a judge explaining he bought a magnetic locator and found the pins himself. The first thing that judge will ask is license number and state it was issued.

"Well your honor, my legal advisor Mr. T Boone Google said"

[cooper barrett]

I have been there, done that. The pins were where they were suppose to be. Judge looked at defendant and asked if he wanted to contest or pay 1/2 of a full blown survey vs the proof sources given. Same info on each parties mortgage paperwork.

Jackson County circuit courts 2006

Originally Posted by srvy

The Title Company is going to recommend a certified legal corners and encroachment survey. Why because they know the loan survey your Mortgage Lender ordered to close isnt worth the paper its printed on.

You can locate your and find those pins sure they still need to be verified by a licensed surveyor. Lot can happen to those pins and fencing companies are notorious for disturbing them of digging them up setting the post. Then just beating back into the ground close to where they think it was.

There is a reason why courts are tied up with property disputes. Its because of adjoiners not discussing problems and trying to work them out. Instead someone goes off half cocked and does something along a property line thinking they know where their line is. As soon as it gets to lawyers each party is going to have a legal survey done and everything within 5 feet either side of the line that you kick and doesn't move located and plotted on the certificate of survey. Then off to court you go and the Judge will decide. Id like to see Coop up in front of a judge explaining he bought a magnetic locator and found the pins himself. The first thing that judge will ask is license number and state it was issued.

[lewdog]

Originally Posted by 007

I just don't like to confront people. I don't do well with it.

Not alpha.

[007]

Originally Posted by lewdog

Not alpha.

Ok, well this guy calls his kids lazy ****s for the entire neighborhood to hear. This is the type of personality I loathe dealing with.

That doesn't mean not alpha, it means I pick my battles carefully.

[srvy]

Originally Posted by cooper barrett

I have been there, done that. The pins were where they were suppose to be. Judge looked at defendant and asked if he wanted to contest or pay 1/2 of a full blown survey vs the proof sources given. Same info on each parties mortgage paperwork.

Jackson County circuit courts 2006

Not how it works no judge is going to listen to testimony on the position of boundary corners from a layman get real.

I have set in court and given testimony to how I arrived at setting corners of a lot in question that my employer was hired by the court to resolve. I do realize the Judge has final say in matters involving property. He can order a resurvey and plating of a lot to fit improvements on the ground that both adjoiners agree to.