My Neighbor's Garden On My Land!

Discussion in 'The Village Square' started by waretrop, Nov 27, 2011.

  1. waretrop

    waretrop Strong Ash Plants Contributor

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    I had my land surveyed almost a year ago. I have always heard of these things but never this large of a piece of land alone with such a nice gift.

    My neighbor is using about 20 X 100+ feet of my property for 19 years. They even put a cute little pond and garden on my property.



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    Can you see, we make a straight stone wall right on our land.The gravel in front is part of their driveway.

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    They are going to be moving this Winter so we are reclaiming our land now. I went to an attorney and the neighbors are being cordial at the moment so no worries there.

    Now I have another corner of land what I can refresh and do things to that I would like.

    Whatcha thing????

    Barb in Pa.
     
    Cayuga Morning and donm like this.
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  3. Capt Kirk

    Capt Kirk Thank a Veteran today!

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    It's a good thing that you went to a lawyer. If their encroachment goes on long enough then they could file under immenent domain laws and claim that land as upkeep etc. At least it was possible in Ohio in the past.
     
  4. waretrop

    waretrop Strong Ash Plants Contributor

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    I have about 2 more years for that to happen. Did you know that legally, I reclaimed the land by putting the rock there and taking a picture of it. Now they can take the rock away and we are safe. "Such stupid rules."

    Can't wait to get into that garden in the Spring.

    Barb in Pa.
     
  5. eileen

    eileen Resident Taxonomist Staff Member Moderator Plants Contributor

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    Thank goodness you went to the lawyers and that your neighbours are being good about the whole thing. How nice for you to have the extra land to play with. :-D
     



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  6. Cayuga Morning

    Cayuga Morning Strong Ash Plants Contributor

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    Could they have done it by mistake?
     
  7. waretrop

    waretrop Strong Ash Plants Contributor

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    I am sure they thought that was their property when they bought it. It was surveyed 20 years ago and I also did it last year. I only did it because when you Google Earthed it, they showed the lines way different than the neighbors told us (right through their driveway). We found the old survey stakes according to Google not the neighbor.

    I have always loved their little garden. Their was a split rail fence alone, what they thought was, the end of their yard. We pulled it out. Everything to the right of the little rock wall is a little hill and will become gardens next Spring.

    Barb in Pa.
     
  8. Netty

    Netty Chaotic Gardener Plants Contributor

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    Wow, it's like Christmas came early! Do you get to keep the pond and the plants??
    I can't wait to see what you do with this space! :D
     
  9. koszta kid

    koszta kid Young Pine

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    It's a good thing have nice neighbors. We didn't are slobs. And then she ups and buys house in Kansas. Have not tried to sell or rent place in 2 years. Let alone clean it up. Bought they tried To put Garage and barn on our land. Glad we planted many ever-green so don't have to look at their mess.
     
  10. carolyn

    carolyn Strong Ash

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    I think it is very easy to encroach on the neighbors land every time you have gravel put on the driveway and you don't even notice over the long run, UNLESS you have permanent markers in place, that the "boundry" has "moved".

    Hopefully they will not give you any grief over you reclaiming your property.
     
  11. cherylad

    cherylad Countess of Cute-ification Plants Contributor

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    Sure glad you were able to get your land back especially since they have maintained it for that many years.
    My neighbors are trying to "take" some land from the other neighbor's pasture (approx half acre). It started last year when they decided to remove one of their fences. He has all the documentation showing where is property lines are (and has been for years and years.) He's had to get the police involved. They wouldn't let the surveyors on their property. He ended up having to do two surveys (one aerial). They claim they have been maintaining it for years. He has photos proving otherwise. Then they claimed that it was promised to them (nothing in writing showing that).
    He finally had them served with papers to go to court. All this expense & trouble... just to get his own land back.
     
  12. Cayuga Morning

    Cayuga Morning Strong Ash Plants Contributor

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    Barb--So the gravel driveway on the other side of that new rock wall is your neighbor's deiveway? And your land is the grassy area?
     
  13. waretrop

    waretrop Strong Ash Plants Contributor

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    Yes, on the first picture, you will see one very long rock (wall) They are on the left and we are on the right. They have the dried grass there by the pond but that's mine.(now)

    The lawyer told us to put rocks or something there to signify that it's ours and take pics. They can move the rock throughout the year and we can put it back there once each year to take pics. Then it will remain ours. We just have to claim it once a year. It has been 19 years and here if they care for it for 20 or 21 years they can claim it if we ignore it.

    Barb in Pa.
     
  14. Jerry Sullivan

    Jerry Sullivan Garden Experimenter Plants Contributor

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    Looks like you get some free gravel for drainage.

    Jerry
     
  15. waretrop

    waretrop Strong Ash Plants Contributor

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    Hay Jerry, I think we are going to build that area up with lots of mulch and leaves and then we will grow something taller up my those rocks. Then add more and more things coming down the hill.
     
  16. Cayuga Morning

    Cayuga Morning Strong Ash Plants Contributor

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    Barb, Wow what an awkward situation. I hope your neighbors have expressed an apology. If the property is for sale, I hope the real estate agent understands where the property line is so that there is not another awkward situation with yet another set of neighbors.
     

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