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.

[SAUTO]

I had a neighbor tell me he owned two feet on my side of a shared fence and I needed to keep my dogs that far away somehow.

So I built a fence on that line just where his mower won't fit down it and spray my side. Its funny watching the ****er weed eat it every time lol

[SAUTO]

Originally Posted by srvy

This picture your property appears to be your fence. I dont know if your the original owner or if that fence was there before you bought. Just the way the chain link is installed tells me this.

Yep

[srvy]

Section line fences in rural areas are a whole differant animal. Some fences may have been in place longer than the existing section corner. The original surveys when you trace back in the field notes they state raised a mound and set an oak post. Then the blazed trees and referenced said corner and section line. Well those no longer exist so a surveyor retraces and follows in the footprints of the original surveys as best can. The equipment has evolved we are more accurate but the original lines stand. A judge many times rules that old fence is the monument to the line and to hell with the surveyors evidence.

[Tombstone RJ]

Originally Posted by srvy

Section line fences in rural areas are a whole differant animal. Some fences may have been in place longer than the existing section corner. The original surveys when you trace back in the field notes they state raised a mound and set an oak post. Then the blazed trees and referenced said corner and section line. Well those no longer exist so a surveyor retraces and follows in the footprints of the original surveys as best can. The equipment has evolved we are more accurate but the original lines stand. A judge many times rules that old fence is the monument to the line and to hell with the surveyors evidence.

Good land surveyors always do their research before sending anyone out in the field. That said, not all surveyors are good. In fact, some are bad, and they create more problems because they set stuff where they shouldn't, because bad land surveyors neglect to do the proper/extensive research on the history of said property, and the surrounding properties, via previous surveys and plats and deeds, etc.

[srvy]

Originally Posted by Tombstone RJ

Good land surveyors always do their research before sending anyone out in the field. That said, not all surveyors are good. In fact, some are bad, and they create more problems because they set stuff where they shouldn't, because bad land surveyors neglect to do the proper/extensive research on the history of said property, and the surrounding properties, via previous surveys and plats and deeds, etc.

If you had the original surveyors chain you would measure his distance

I agree to some extent. I have been doing this for 40 years you get to know the reputations of the surveyors. Most are very ethical and do there best to retrace the original intent. Most surveyors now are willing to share there work in the area. It wasnt always this way as you were a competitor to them.

[BucEyedPea]

Originally Posted by 007

The other issue with this is that there are two property owners on the other side. Not just one.

I don't really care about the fence location. I just want them to trim back or remove this shit. I'm the only one doing anything and now it's getting too tall for me to get to it all.

Have you tried any communication with them about the problem first? Are they unaware entirely of the problem these plants create for you?

Perhaps if you explained how much of a nuisance it is, maybe they'd be willing to do something to mitigate the problem or end it. Bring it up, see where it goes. I don't know the law but then you might want to get a lawyer to tell your options.

[007]

Originally Posted by BucEyedPea

Have you tried any communication with them about the problem first? Are they unaware entirely of the problem these plants create for you?

Perhaps if you explained how much of a nuisance it is, maybe they'd be willing to do something to mitigate the problem or end it. Bring it up, see where it goes. I don't know the law but then you might want to get a lawyer to tell your options.

yep, mentioned that earlier. They didn't give two shits about the issue. that was a few years ago.

[007]

For the record, I'm not looking to reclaim property. Probably should not have even mentioned that my line actually goes 5 feet beyond the fence, just thought it was a funny tidbit. My issue is trying to figure out a way to deal with this that doesn't result in pissing everyone off. I just want my yearly job to be easier.

I'd love to just get rid of the fence to be honest. At least it gives me room to work and I don't have to fight with the fence to cut shit. Would love to just put up a stone ****ing wall so none of this shit can grow through it, but that wouldn't solve all the shit coming over the top like it is now.

Shared fences really suck because neighbors never want to deal with them. Our neighbors to the east decided to tear out all their fencing but the one on my yard. Never even came to speak with me if I'd be willing to split the cost. I would have been thrilled to get that fence torn out and upgraded. I can't afford to do the entire thing myself. for the life of me I don't know why they did everything but the fence on our side of his home.

I'll have to post a picture of how run down that fence is becoming because of his dogs constantly clawing at it.

[srvy]

Originally Posted by BucEyedPea

Have you tried any communication with them about the problem first? Are they unaware entirely of the problem these plants create for you?

Perhaps if you explained how much of a nuisance it is, maybe they'd be willing to do something to mitigate the problem or end it. Bring it up, see where it goes. I don't know the law but then you might want to get a lawyer to tell your options.

Talking to the neighbor would be a great option. If you have never had a true survey done and dont know where your pins are its a worthwhile investment. Your property is your single most important investment. Get it on record a mortgage survey is asswipe paper.

[TribalElder]

If the property line is wrong then that is your fence

[007]

Originally Posted by TribalElder

If the property line is wrong then that is your fence

By all technical standards, all three fences are mine because the post is on my side.

[LiveSteam]

Originally Posted by Bob Dole

Get with a farmer friend and grab some industrial strength Roundup crap. The city kept coming after me for my lot in town, so I nuked it.

I have 3/4ths of a gallon he can have next time the Guru is in Omaha.

[Randallflagg]

Originally Posted by 007

We know where it is because it was surveyed before we purchased. Plus our gas meter is in their yard. Well one of the yards. I not looking to get legal, rather just to figure out how to deal with the situation civilly.

There is no way that it will remain "civil" that much is for sure. As I said in my post - we bought into a brand new neighborhood in Olathe, KS. It pissed the neighbors off to high heaven because rather than the line being "split down the middle - we actually had a couple of feet more than they thought.

That's why when we put the fence up - they were sure that we had gone too far on "their side". The fence company actually went 3 inches INSIDE our boundary in order to NOT overlap onto their property.

The best way (I believe) to possibly rectify this situation is to have your property surveyed and then approach the neighbors in a "friendly" manner and say "Hey! Were you guys aware that your fence is actually on MY property" - keep it friendly (or as friendly as possible) and see if they might not want an equitable solution to the "problem" Which - you might offer to "forget about it" if they would cut their bushes (weeds) back across the fence..

Who knows? Might work....and then again..... Which might inevitably end up with

[007]

Originally Posted by LiveSteam

I have 3/4ths of a gallon he can have next time the Guru is in Omaha.

if only. Its very obvious these neighbors are using all this shrubbery as a pseudo privacy fence.

[tooge]

roundup all the shit you can. Plant some nice bushy pines. In a few years you won’t see the neighbors or the shit growing on their side