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Home > Law > Real Estate Law   »   Neighbors Dog House on My Property

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Old Oct 22, 2009, 04:37 PM
ElfNFairies
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Neighbors Dog House on My Property

A few months ago I had a survey done and moved my fence closer to my property line. For a few years I had let the neighbor keep thier dog house three feet onto my property but when I had the fence redone, I told them I didnt want the dog house on my property anymore and made them move it. Well, over the course of the summer, they have moved the dog house back onto my side of the property line where my fence is still about three feet from the line, and it looks like they moved my permanent markers too. I have been harrassed all summer with things being thrown into my yard, verbal harrassment from thier kids and freinds, but it has since died down a little. I think they think I havent noticed them moving the dog house back a little at a time. I have documented all the harrassment in a journal so far as well as this. I am considering talking to a lawyer about what to do about the dog house. If anyone has suggestions or advice on what else to do I would appreciate it.

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Old Oct 22, 2009, 05:10 PM   #2  
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I'm curious...why didn't you move your fence directly onto the property line? You gave them three feet of lee-way. In some states, if your neighbors mow and maintain the area that is your property for x amount of time, it's considered theirs. If they removed the stakes, I'd pay to have the surveyor come out again, and this time promptly move the fence to where it needs to be.

I had to do the same thing due to troublesome neighbors. Good luck!
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Old Oct 22, 2009, 06:06 PM   #3  
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There is a stone pillar in that corner that her ex and my ex put up with rocks found in the yard. It was cheaper and easier just to keep the existing posts where I already had them and angle it up to where most of the fence is a foot off the line. I was advised to keep it off the line a little so it was on my side of the property line, by a lawyer and my surveyor. Ive had my property surveyed three times and do not want to have to do it again unless I have no choice. I have considered doing what you have suggested and just might if this cant be resolved peacefully. My neighbor is upset enough because they feel that I took property away from them yet they wont pay for a survey of thier property to dispute it. The surveyor I used is the top rated one for my county and has never been proven wrong. He stands by his survey. I gave them all last year to dispute the survey and they havent yet. They are just doing this to be petty and vindictive. I will be talking to a lawyer on Monday and see what he advises. If he says to move my fence and get it surveyed again, then I will, until then, Im just documenting.
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Old Oct 22, 2009, 06:18 PM   #4  
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Quote:
Originally Posted by ElfNFairies View Post
There is a stone pillar in that corner that her ex and my ex put up with rocks found in the yard. It was cheaper and easier just to keep the existing posts where I already had them and angle it up to where most of the fence is a foot off the line. I was advised to keep it off the line a little so it was on my side of the property line, by a lawyer and my surveyor. Ive had my property surveyed three times and do not want to have to do it again unless I have no choice. I have considered doing what you have suggested and just might if this cant be resolved peacefully. My neighbor is upset enough because they feel that I took property away from them yet they wont pay for a survey of thier property to dispute it. The surveyor I used is the top rated one for my county and has never been proven wrong. He stands by his survey. I gave them all last year to dispute the survey and they havent yet. They are just doing this to be petty and vindictive. I will be talking to a lawyer on Monday and see what he advises. If he says to move my fence and get it surveyed again, then I will, until then, Im just documenting.
I am a surveyor, and actually did a year's worth of work on the Natchez Trace Parkway in Frankin, near you.

It is illegal for anyone to move property corners. Yes, you should always slightly offset the fence off of the line, in your direction, as to allow for meandering of the fencing. Maybe you should plant some trees or shrubs on the strip of property on the outside of your fence. Take pictures, and take your "jacka$$ journal" to an attorney and see what she/he says. I wish you luck.

As long as there's been property lines, there have been property line disputes. Don't get shot over this issue.
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Old Oct 22, 2009, 07:08 PM   #5  
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As soon as they moved the dog house back you should have protested. I would send them a letter telling them that you do not want to have to go court over this issue, but you will, if they persist in using your property and in harassing you.

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Altenweg agrees: That's what I would do.
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Old Oct 23, 2009, 01:38 AM   #6  
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Quote:
Originally Posted by ElfNFairies View Post
A few months ago I had a survey done and moved my fence closer to my property line. For a few years I had let the neighbor keep thier dog house three feet onto my property but when I had the fence redone, I told them I didnt want the dog house on my property anymore and made them move it. Well, over the course of the summer, they have moved the dog house back onto my side of the property line where my fence is still about three feet from the line, and it looks like they moved my permanent markers too. I have been harrassed all summer with things being thrown into my yard, verbal harrassment from thier kids and freinds, but it has since died down a little. I think they think I havent noticed them moving the dog house back a little at a time. I have documented all the harrassment in a journal so far as well as this. I am considering talking to a lawyer about what to do about the dog house. If anyone has suggestions or advice on what else to do I would appreciate it.
They've moved the "permanent" markers. That makes the survey null and void. It's anyone's guess as to where the line is. The courts don't take lightly the relocation of property corners placed by a trained, and state registered, professional. The surveyor can verify the markers "replacement", and depending on your state's laws, charges may be filed. Try calling the surveyor, and see what course of action HE recommends.

Good luck to you.

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ScottGem agrees: This is excellent advice
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Old Oct 23, 2009, 05:46 AM   #7  
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Quote:
Originally Posted by jmjoseph View Post
The courts don't take lightly the relocation of property corners placed by a trained, and state registered, professional.
jm,
Can you cite any laws about moving markers? Your response gave me another idea. If the OP can include, in the letter I suggested, a cite for a law against moving markers with possible penalities, that might put a real scare into the neighbors.
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Old Oct 23, 2009, 01:21 PM   #8  
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http://www.freeadvice.com/search.php...5&sa.y=11#1088
http://community.lawyers.com/forums/t/54021.aspx

I'm still researching the laws concerning removal, or relocation of, property corners. But here are a couple of legal boards with similar problems.
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Old Oct 23, 2009, 02:00 PM   #9  
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Whatever you do you must defend your property to avoid eventual adverse possession. Do something that demonstares you own the land and are caring for it. Sending certified letters, mowing, planting and paying the taxes all demonstrate you are the owner.
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Old Oct 23, 2009, 02:54 PM   #10  
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Did the surveyer not put in some pipe or other item underground ?
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