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Question DetailsAsked on 3/25/2015

Property questions

I live next to neighbors who are section 8, when they take out or bring their trash cans back in or out , they don't go over their property, they do this by going over mine and then in the process hitting the corner of my siding leaving a big crack and markings all over the side of my house as well, its bikes and their lawn mower, I have called their landlord but that went bust they want to have a sit down with them and me about the situation and of course that's a no good for me, I think its their landlord and my neighbors trying avoid the fact they caused property damage, would it be best to see a lawyer about this instead, the neighbor she is on welfare but her boyfriend lives there and is the father on the boys, so I'm not even sure they know about him,and complains alot about property line,but he don't own the house or any property, he always is always telling my mom he owns our privacy fence in back but on our,property papers it says its ours, would a lawyer be best to get.

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2 Answers

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Hire a lawyer. Maybe set up some cameras to record the damage as it occurs. You may also need a survey of you don't have one to prove the fence location. If you do, be prepared to pay more than the prices mention in the other posts on this site. In Alabama, mI won't even statr a survey for less that $400.

Answered 3 years ago by SteveGilbert

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Wow - the response by Mr Gilbert shocked me, especially for the generally very low labor and service cost Alabama area - wonder if his locale is served by only one land surveyor so he has cranked his prices up, or if he is in a pretty rural area where most property lines do not have established (rebar marked) corners. Or maybe his experience has been with as-builts for house sales - which include surveying in the exact location of all structures, fences, etc - much more surveying work than just relocating a property line.


In my area, one of the most expensive to live in states in the nation and always in the top 5 labor cost areas, a property line location and staking for normal size lot (roughly 1/6-1/3 acre) almost always goes for around or usually a bit under $200.


As for the issue of the damage - without photos of it actually happening (a la the video camera suggestion) to prove who did the damage, the simplest solution is to put in some sort of a fence along the property line, even just the green-vinyl coated chicken wire on T-posts (get utility locates first to avoid damaging them driving the posts) or if in an area where they are legal a few strands of barbed wire so they cannot walk on your property. Course, if you do not know where the property line is you would have to get it surveyed, or put the fence will within the line on your side to be on the safe side and not trespass with it.


Or you could be less than obvious about it, plant a bush a few feet out from that corner of the house, and until it grows up large put temporary fencing or even a string fence around it as if you were protecting the tree, not the house. Or put in a planter at that corner with planter blocks or cinder blocks or big wooden tub planter or such, which would make walking that close to the corner with a trash can impossible. Would not protect the yard from foot traffic path formation, but would protect the house.


A more severe step, probably requiring a lawyer to be sure it is done right to the law, would be to issue a NO TRESPASS notice to the neighbor - in some states it is a standard form you can fill out and file with the court clerk to get endorsed, in others it requires a court order. Some states it can be basedon uyour affidavit only - don't know if some states require an actual proof of trespass beyond that (like photos) to get it issued.


One issue not previously addressed - in most states, if they keep this up long enough (or claimed they did) they could actually create a legal easement on your land by doing this routinely - so I would recommend some sort of fence that keeps them off your property completely.


On the complaining about property lines - again in the $200 to maybe $250 rane (in my area) you can get a land surveyor to locate the corners and mark the lines - line marking can be done with 1/2" rebar driven into the ground almost flush, then drive a piece of 3/4" white PVC pipe about 8-12 inches long down around the rebar so it is easy to see (unless covered with leaves) - that will delineate the boundary. And be sure to get a stamped (Professional or Registered Land Surveyor stamp) signed and dated sketch from the durveyor showing the lines and the interim line markers to prove the rebar are legal boundary markers - and the sketch would be available (a copy, not the original) to show the neighbor if they question ownership/line location.


The sketch should also show any existing infringements - things that cross the line - fences, trees on the line orvery near to it, etc.

Answered 2 years ago by LCD




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