Shared fences and eminent domain

[007]

I need a 25 foot privacy fence

[Comanche]

Originally Posted by 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.

You might want to consult with an attorney. In Missouri, the law provides that your neighbor can TAKE you piece of property after 10 years by fencing it in an open and adverse manner. If that fence is incorporating some of YOUR land, you need to legally oppose that action and get it rectified. This is a STUPID law in Missouri. Not all states allow for this.

[Skyy God]

Adverse possession is a little more complicated than just the 10 year requirement.

I’m not sure they’ve met the open and notorious prong.

http://www.missouriruralist.com/stor...rship-9-125806

[Skyy God]

Seriously, though, just run the Roundup cleanup plan by your neighbor.

I tend to doubt he objects.

[srvy]

Looks like some of that is grapevine. Roundup is gonna get laughed at by grapvine its like the terminator. It will be back and will never stop.

[Buehler445]

Originally Posted by srvy

Looks like some of that is grapevine. Roundup is gonna get laughed at by grapvine its like the terminator. It will be back and will never stop.

Saw it off and soak the stump with 2-4D or tordon and you’ll get it.

[mlyonsd]

Originally Posted by Buehler445

Saw it off and soak the stump with 2-4D or tordon and you’ll get it.

Tordon is death in a bottle to annoying zombie plants.

[srvy]

The best thing you can do is bite the bullet and get a legal boundary survey by a licensed surveyor. Have pins recovered and reset if missing with encroachments shown to yours or adjacent properties. Then have fence line stakes set along property line with inter visibility. This will show your serious about your property rights and end any adverse possession nonsense. It will be an expense but what is your land worth to you.

Also a mortgage survey is just that its not a legal survey and will not hold up in court its not a boundary survey and doesn't have an official seal and signature with license number of a registered land surveyor for the state performed. Its imo a fraud perpetrated by the mortgage lending industry to satisfy title insurance companies. Look at your certificate closely a legal survey will show corners set and what was set or found. It will clearly state that a legal boundary survey was made with date and a signed and sealed certificate of survey with registered land surveyors license number.

A mortgage survey in fine print will state not a boundary survey with an official looking seal. Scrupulous surveyors do this because its easy money for the out the garage door surveyor. He can do 5 to 10 in a day at 100 to 150 a pop for a mortgage company and it satisfies a title insurance company.

[MahiMike]

There's a realtor term for land vertically to the sky. Forget the name. But basically he can go vertical but not horizontal.

You should ask him nicely to take it down. Or you could put your own shrubs up to hide his.

[srvy]

Originally Posted by MahiMike

There's a realtor term for land vertically to the sky. Forget the name. But basically he can go vertical but not horizontal.

You should ask him nicely to take it down. Or you could put your own shrubs up to hide his.

There are aerial easements where a building is built near a bridge or highway overpass?

As for trees that is dependent on State statutes but most states a trees ownership is center line trunk at a point 3 feet above ground level in relationship to the property line.

I dont know about brush and undergrowth. I do think that where property lines and fences are involved most cities and municipalities require owners and adjoiners maintain each side along really all their property. Overgrown property is considered blight and a rodent nuisance. In KC they can issue citations fines and contract a landscape service to bring to code and mail you the bill.

[fan4ever]

Ever see the movie "There will be blood"? Drill at an angle from your property under the root system of the annoying plants on his side of the property, slide in a pvc pipe and pour in herbicide.

[threebag]

Looks like you should have resolved some of this issue 14 years ago. I know that doesn't help now, but it feels good typing it out.

[srvy]

Originally Posted by 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.

Every time I see this photo it reminds me of the lot lines in Mission Hills Ks. the high rent district in Metro KC, they love foliage along their lot lines. I have surveyed to numerous properties in that area and hate every one of them.

I once was standing on a stone retaining wall locating it along a lot line that abutted Ewing Kauffmans property. A woman cam out screaming and cussing followed by the man Ewing who proceeded to return insults and cussing back. The woman jumped into a light blue Mercedes and peeled wheels down the drive to the street and could hear it racing down the street. Later talking with the caretaker of the property he told us it was the daughter and this was a common occurrence. He said most of the Mission Hill'ers considered the outsiders and new money and that their property was gaudy with the blue awnings.

[KS Smitty]

I have been told that adverse possession laws do not have effect within any incorporated city in the state of Kansas. Property lines are set by the platting of the properties and even if a neighbor maintains that property it does not give them legal possession. Of course that was probably 20 years ago.

Can you file a nuisance complaint with the code enforcement office? Not sure how quickly that could get the problem solved or if they are in violation of any code but it's an option.