question on property rights - Striper Talk Striped Bass Fishing, Surfcasting, Boating

BrianS · 09-25-2005, 12:23 PM

I am not entirely sure where my backyard ends and the neighbors begins. There is an old wire fence and a row of trees.

The neighbors in the back cut down several of the trees last summer, it annoyed the hell out of us but they appeared to be on "their side of the fence" even though the fence was nailed to them, we didnt question it.

They left about 4 foot stumps up because of the fence.. it basically looks like crap and the fence is falling down at 2 spots twords our yard.

Update, this week they put up a 6' stockade fence on the inside of the wire fence, basically so they didnt have to see the stumps and wire.

So my question is this - what are my rights?

If I ask them to do something about the wire fence, and they dont, do I have legal rights? Like can I toss the portions that are falling into my yard back into their yard?

I dont think this will happen because the wire fence surrounds their yard but if I find out the fence is in my property (and technically the tree's) can I sue them for chopping down the tree's?

Honestly, it may not even be a problem, this is a 60ish couple, and Ive never actually said more than "hi" to them. It may be a non issue and they will be happy to clean up their mess, but I dont think its fair for their crap to be in my yard.

capesams · 09-25-2005, 12:45 PM

got a plot plan of your property? if not the first thing I'd do is call in the surveyer's and get it done...or go to the town hall and see what and if anything is on record...Know what you own,,don't guess.

any tree's/ branche's over hanging onto your property from someone else's property can be cut . but Only to your line and no further.

BrianS · 09-25-2005, 01:03 PM

good idea.. never had that done.. there are fences surrounding my yard... only 1 is mine i think...

be good to know regardless

piemma · 09-25-2005, 01:08 PM

Capesam is absolutely correct. Even if you can resolve the issue with the old couple, get the survey done. No excuse for not knowing what you own. You also must have a deed with a property description. This description should list the boundries and the compass directions or coordinates of your property lines.

TheSpecialist · 09-25-2005, 04:18 PM

I am pretty sure if the trees are yours you can sue them for cutting the whole tree down.

Redsoxticket · 09-25-2005, 04:40 PM

Talk to your neighbor before hiring a surveyor because they may have done so already. Be nice.

likwid · 09-25-2005, 06:22 PM

Quote:

Originally Posted by Redsoxticket

Talk to your neighbor before hiring a surveyor because they may have done so already. Be nice.

I'd get the survey done whether they have had it done or not, you still wanna know where you boundaries are on the other sides of the yard.

You know the hell we went through here with the morons next door.

fishaholic18 · 09-25-2005, 08:22 PM

Quote:

Originally Posted by Redsoxticket

Talk to your neighbor before hiring a surveyor because they may have done so already. Be nice.

Nice guys finish last, get it surveyed...
I did and have a bigger yard now...

Redsoxticket · 09-25-2005, 09:14 PM

The people that installed the fence probably left the fence on your property and your neighbors do not even know about it but your neighbors are still responsible. If the property was previously surveyed you may find a metal spike in the ground. However, you should have the land should be surveyed if you are in doubt.

Swimmer · 09-25-2005, 09:21 PM

For the prelims go to your local tax assessors office and check if the have an "as built" plan the builder or developer is/has filed when the house was built. Short of that at least grab a copy of your plot plan that I'm sure they have and use to tax your property. If your house is on it, figure out what scale it is in and using a ruler with that scale on it measure from the foundation lines on the plot plan to the edge of the property line as noted on the plot plan. Using this information take the metal tape your going to buy thats long enough to reach from the house perpendicularly to where the line is supposed to be from your foundation of your house to the closest point in a staight line. This is only an approximation and not to be used as a legal survey but it will surely give you an idea about where your lot line is within a foot or so if you measure carefully. This is the same method used by surveyors whom banks hire to check your property lines of the hosue your buying before you can pass papers. The surveyors survey for this bank service is only an approximation and it works for them. I know I spent five years as a transit man on a survey crew. Like I said its not exact but it should give you an idea.

Swimmer · 09-25-2005, 09:23 PM

Also what they other guys said. If they cut down your trees they owe you big money. If they put the fence on your property its your fence and you can tear it down if you wanted.

BrianS · 09-26-2005, 05:27 AM

Quote:

Originally Posted by Swimmer

Also what they other guys said. If they cut down your trees they owe you big money. If they put the fence on your property its your fence and you can tear it down if you wanted.

The trees and old fence are the only thing in question.
Ive only been in my house for about a year and a half, the original fence thats falling down has been there prolly 30 years..... The new fence has bee there about a week...

The new fence is definitely on the inside (their side) of the old fence so it blocks the eyesore that is the old fence that is held up by the 4 foot stumps of the trees they cut down.

Pete · 09-26-2005, 09:23 AM

Without a doubt, get a survey done! Property lines are not always where people think they are, for example, skewed to the street, or not straight all the way. I have appoxmatly 1/3 of a driveway on my property because I assumed the edge of the tar was the line. Silly me. Good luck.

Pete

NaCl H2O · 09-26-2005, 09:55 AM

Or put up a stockade fence of your own on your side of the stumps. Dump your leaves over the fence in the middle in the fall.

spence · 09-26-2005, 10:22 AM

I'd just remove the stumps and take the property, they clearly don't want it

-spence

piemma · 09-26-2005, 10:39 AM

Jeff: Your avatar is killing me. Please, you gotta change it!

spence · 09-26-2005, 10:44 AM

A word of caution. While it's inviting, a pima cotton sweater vest is no attire for tree stump removal. I'd stick with double stiched cotton duck for breathability and durability.

-spence

Bliz · 09-26-2005, 11:13 AM

Spence,

Go to theTiverton Town Hall where you can obtain a copy of the Plot Plan.

I ran into boundary issues as well and found help there...

spence · 09-26-2005, 11:14 AM

I don't think it will be an issue with the current neighbors. My only fear is that a house could sell and the new owners would have it surveyed. But I'm not going to worry about it one bit unless something happened.

-spence

chris L · 09-26-2005, 11:51 AM

id have it surveyed . but first go and talk to your neighbors . its the right and neighborly thing to do . even though they didnt with you . If they give you crap then the gloves come off and do what ever legal action you find most pleasing .

Raven · 09-26-2005, 12:11 PM

you can obtain a copy of your neighbor's property' plot map to see if it jives with your own....