Shared fences and eminent domain

[kccrow]

Originally Posted by Yosef_Malkovitch

How long has the fence been there? Adverse possession takes a long time. I believe it's 15 years in KS.

http://rvpolicy.kdor.ks.gov/Pilots/N...a?OpenDocument

I'm not sure a court would consider this a squatting case or not. I have my doubts.

[007]

Originally Posted by kccrow

I'm not sure a court would consider this a squatting case or not. I have my doubts.

Agreed. Whatever it is called, my general understanding of the subject regarding property lines, is that once a line is established it just shifts to the other owner after a certain number of years. The fence was in before we moved in 14 years ago.

[Randallflagg]

Originally Posted by 007

Agreed. Whatever it is called, my general understanding of the subject regarding property lines, is that once a line is established it just shifts to the other owner after a certain number of years. The fence was in before we moved in 14 years ago.

When we moved into our house (brand new) - the proximity to the other neighbors house was about 12 feet (more or less). I decided to put up a vinyl fence in our back yard. I hired a survey company to come out and determine the EXACT property lines. They did and we put up the fence.

The neighbors were livid. They were CERTAIN that we had violated their property line so they brought out their own surveyors. Unfortunately, they were not happy. The problem was that where our fence started - left them about 2 feet to attempt to manuever a law mower through.

So, they had to go on the other side of their house to get through.

Point? Bring out a surveyor and let HIM determine (legally) where the property line is.

[007]

Originally Posted by Randallflagg

When we moved into our house (brand new) - the proximity to the other neighbors house was about 12 feet (more or less). I decided to put up a vinyl fence in our back yard. I hired a survey company to come out and determine the EXACT property lines. They did and we put up the fence.

The neighbors were livid. They were CERTAIN that we had violated their property line so they brought out their own surveyors. Unfortunately, they were not happy. The problem was that where our fence started - left them about 2 feet to attempt to manuever a law mower through.

So, they had to go on the other side of their house to get through.

Point? Bring out a surveyor and let HIM determine (legally) where the property line is.

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.

[Tombstone RJ]

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.

You're out of luck. You bought the property knowing the fence was not on the property line. I'm sorry, but you are kind of screwed, and your neighbors know it.

[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

[mikeyis4dcats.]

Originally Posted by 007

Agreed. Whatever it is called, my general understanding of the subject regarding property lines, is that once a line is established it just shifts to the other owner after a certain number of years. The fence was in before we moved in 14 years ago.

the clock restarted when you moved in. If you have maintained or mowed it even once that resets the cvlock.

[007]

Originally Posted by mikeyis4dcats.

the clock restarted when you moved in. If you have maintained or mowed it even once that resets the cvlock.

So basically I'm resetting the clock every summer.

[mikeyis4dcats.]

Originally Posted by 007

So basically I'm resetting the clock every summer.

yes. Adverse possession only comes into play if your neighbor openly takens active possession and you obviously relinquish your claim by allowing it and not taking any steps to assert your ownership (like maintaining it).