How would you handle this yard/neighbor issue?

[rmp]

I'd avoid all of them..

I know the type.. My wife's brother was married to one just like this twit..

She will enjoy every moment she can in making your lives miserable.

[FLRon]

Being “neighborly” is one thing. Giving up even one inch of my properly surveyed lot is simply out of the question. The reason I say that is because once you do that, said neighbor will never be satisfied.
If it were me, I would confirm that I did indeed have a properly marked survey. I would then place my fence anywhere within my legal lot I cared to. I would not care one bit if this “neighbor” of yours liked it.
You have already went too far in trying to appease this person. Time to take back what is yours and be done with them other than a “hello” because it’s obvious you are the only one trying to be neighborly.

[Mr. Jelly]

I have had experience in the state of Iowa that a person can file a quitclaim on property. Once the claim is made there is a waiting period of five years. After five years the person making the claim shows that they have been taking care of the property and that the owners have not. At that time the property becomes the property of the person that made the claim. Note the original person that owns the property is not notified by anyone that the claim has been made. So it's possible and legal that an owner would only find out that they have lost their property until after the fact.

My parents had a neighbor next to their acreage that didn't have much yard. The neighbor filed a claim. My father had connections at the court house and was informed. We put a fence up three feet from the neighbors house to show it was being taken care of.

And then there's the old Vegas solution.......no wait a minute, I think icepick Charley died.

[ericcsong]

Here is some picture commentary for more clarification:

My yard when we bought our home:


Her cutting our bushes and planting a small shrub/bush



We had our land staked by big name surveyor in the area. Oh, she also cut our nice crepe myrtle in half


Here is the stake closest to the fence. Keep in mind, the yard fans out

[Teleplucker]

Is the red out building yours or hers? Is it definitely on the correct side of the property? In NC it would not be allowed that close to the property line.

[TomB'sox]

Move the fence, that is your property not theirs, 18 inches or 5 inches. The fact that someone would have the gall to move in and cut bushes and my trees would have been enough for me. You owe them no courtesy.

[619TF]

Originally Posted by Mr. Jelly

I have had experience in the state of Iowa that a person can file a quick claim on property. Once the claim is made there is a waiting period of five years. After five years the person making the claim shows that they have been taking care of the property and that the owners have not. At that time the property becomes the property of the person that made the claim. Note the original person that owns the property is not notified by anyone that the claim has been made. So it's possible and legal that an owner would only find out that they have lost their property until after the fact.

Just FYI - the term is "quitclaim" deed.

[ericcsong]

Originally Posted by Teleplucker

Is the red out building yours or hers? Is it definitely on the correct side of the property? In NC it would not be allowed that close to the property line.

The shed is hers and I believe its grandfathered in. Per zoning in our county, as long as its under 8 ft, then its fine. Once it goes over 8 ft, then it has to go at least 8 ft from the property line.

Originally Posted by TomB'sox

Move the fence, that is your property not theirs, 18 inches or 5 inches. The fact that someone would have the gall to move in and cut bushes and my trees would have been enough for me. You owe them no courtesy.

It's defintiely been trying our patience!

[KevWind]

Originally Posted by ericcsong

The shed is hers and I believe its grandfathered in. Per zoning in our county, as long as its under 8 ft, then its fine. Once it goes over 8 ft, then it has to go at least 8 ft from the property line.



It's defintiely been trying our patience!

. Understanding property boundary deputes are always frustrating



Hard to tell exactly but it looks like the edge of the shed is close to being in line with your survey stakes (which could mean) whoever put it in,,, knew it was on the actual property line and the hedge row was not ??????.

[Rmccamey]

Originally Posted by RP

Through adverse possession, a trespasser can gain ownership of just a few feet of property or hundreds of acres. It can't happen overnight. Over time, however, and depending on the laws in your state, a trespasser can come onto your land, occupy it, and eventually gain legal ownership.

The trespasser doesn't need to intend to take the land by adverse possession, either. Sometimes it happens through an honest mistake—for example, a neighbor might have relied upon a faulty property description in a deed when building a fence on your property.

Correct! If a person is allowed to use property as their own, they can claim ownership by adverse possession.

[TBman]

Originally Posted by Dru Edwards

Sometimes surveyors come up with different results. Let's hope that's not the case here.

I would probably leave the fence as is ... unless you have a small yard that 18" would make a difference. You just have to make sure that the extra 18" gets mowed.

Given the original error, I would do this also, but.... I wouldn't have let the neighbor get away with that in the first place. I would have had the property surveyed, consulted a lawyer and see what notification I had to give the neighbors and then have the installers follow the survey stakes without variation.

I also would have considered selling with a neighbor like that. Something isn't right somewhere.

[RP]

Originally Posted by Rmccamey

Correct! If a person is allowed to use property as their own, they can claim ownership by adverse possession.

Or what people call "squatters' rights."

[MrDB]

Move your fence just inside your stakes. If she says anything tell her it's your property and that is final.

Bullies love to find people they can push around. As soon as they find out they can't push you around they will move on to someone else.

[saxonblue]

I'll put my 2c worth in as a surveyor with 30+ yrs experience. Firstly as a disclaimer I'll declare I live & work in another country as you can see at the top right & undoubtedly there are significant differences in regulations etc. but I would still think the core principles probably have much in common.

There appears to be 2 issues here, the fence & the proposed extension. For starters they need to be treated separately:

The Fence: The fence was erected by a contractor that you engaged, It appears from what you stated that is not on the boundary. This could be problematic in some ways for you but if at the end of the day the other survey concurs (within a reasonable margin of error, say < 1" & I can't imagine there would be much difference there) then that fence is sitting on your property & you can pull it up & place it any where you please within that 18" (or 17 1/2 " if you want to keep the peace). Ultimately the fence is an "unapproved structure" & in no way defines the boundary, that is defined 100% by the local cadastral network which would be backed up by plans that I'm sure the local council would rather not redfine (& for that matter have re-surveyed) based on a neighbourhood dispute.

The Extension: Regardless of whichever architect or draftsman you engage to design your extension they would be basing it both on the official cadastral network & the detail survey you had done & any required setbacks due to zoning requirements/easements etc. are to be offset from the defined boundary, not the fence, regardless of where it sits. Pending the outcome of the 2nd survey go ahead & get the plans drawn up & approved asap because if the process works anything like it does down here something like a development application will have to be put out there & by the sounds of the relationship with your neighbour they'll probably have plenty to say so get that sorted first, the fence is a second priority IMO.