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05-20-2018, 05:44 AM | #2 |
Shaken. Not stirred.
Join Date: Sep 2002
Location: London
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I need a 25 foot privacy fence
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Posts: 65,557
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05-20-2018, 06:02 AM | #3 | |
Starter
Join Date: Feb 2009
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Quote:
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Posts: 765
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05-20-2018, 10:31 AM | #4 |
11-5, baby
Join Date: Sep 2005
Location: Livin the dream
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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 |
Posts: 22,416
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05-20-2018, 10:36 AM | #5 |
11-5, baby
Join Date: Sep 2005
Location: Livin the dream
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Seriously, though, just run the Roundup cleanup plan by your neighbor.
I tend to doubt he objects. |
Posts: 22,416
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05-20-2018, 10:55 AM | #6 |
Fight, build, win!
Join Date: Sep 2004
Location: KC
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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.
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Posts: 24,498
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05-20-2018, 11:12 AM | #7 |
Supporter
Join Date: Apr 2007
Location: Scott City KS
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Posts: 56,882
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05-20-2018, 12:57 PM | #8 |
Supporter
Join Date: Aug 2000
Location: Spink, SD
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Posts: 38,891
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05-20-2018, 12:43 PM | #9 |
Fight, build, win!
Join Date: Sep 2004
Location: KC
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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. |
Posts: 24,498
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05-20-2018, 05:33 PM | #10 |
He's Mahomie!
Join Date: Aug 2001
Location: Jax, FL
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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. |
Posts: 17,387
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05-20-2018, 06:40 PM | #11 | |
Fight, build, win!
Join Date: Sep 2004
Location: KC
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Quote:
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. |
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Posts: 24,498
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05-20-2018, 05:41 PM | #12 |
Supporter
Join Date: Oct 2002
Location: Scottsdale, AZ
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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.
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Posts: 9,336
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05-20-2018, 06:50 PM | #13 |
Snacks Are Under My Apron
Join Date: Jan 2006
Location: The Edge
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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.
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Posts: 23,900
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05-20-2018, 07:03 PM | #14 | |
Fight, build, win!
Join Date: Sep 2004
Location: KC
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Quote:
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. |
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Posts: 24,498
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05-20-2018, 08:00 PM | #15 |
Cool as a Cucumber
Join Date: Feb 2001
Location: on the edge
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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. |
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