Monuments!!

[kHT]

Do you know where your monuments are on your property?
We did our song and dance infront of the judge this am and all I could say is the fence is outside his monuments and shouldn't be closed to ours. Now it's time to educate the public, if you drop your fence, please make sure it goes up in the same place and do not move it without a survey!!

[Linda P]

Our entire farm is fenced in all around, so there's no problem with that here. Some of the fences aren't so good, but they are marking the property lines.
How did it turn out? Do you have things sorted out, or did you lose some ground?
One of my friends has a situation involving long-lost line markers. They came home from vacation one year to find that her neighbor had mowed off everything on about a foot section on the edge of her yard that he said was his. They decided to do a survey. Turns out that the neighbor's fence line is nearly 2 feet over on their property. They discovered that the entire block is 2 feet off, so the guy on the one end has 2 feet extra, and the guy on the other end is short 2 feet. They all decided to leave it as it is, since no one knows when the original problem started. My friend's house is over 100 years old, so it probably goes back at least that far.
Linda P

[kHT]

We are headed back to the attorney on Monday as the judge thinks this needs to go to another court. We were only seeking what was spent out of pocket in small claims due to the neighbor statement if we proved they were out of their monuments they would move their fence. We proved it but still they don't feel they need to move it. So we get a judge to order it now! There will be added expense and this we will seek but what can one say, there is no one out there doing their job to protect your property rights. We can't even talk about their CC & Rs due to they are in a different subdivision and have totally violated those. Even the County won't step in as they require these but don't enforce them, the courts do. Do I feel like walking in circles, no!! Stealing isn't what is right in my book.
There is a law if one doesn't contest the moving of such items as a fence in 7 years, then it's a done deal.

[eastwood2007]

Sorry you are dealing with this, Karma, but I do think you are right. I don't know what people are thinking...

Linda, we own property in a town where the whole town's survey is off - by about 20-30 feet. We had a contract to buy one property for investment, but they are still trying to get the property line settled - it's been 6 months....It, too was apparently a long time ago, as most of the homes in the town are setting on actual property lines. I don't know how they are going to straighten it all out. No one does anything unless a sale comes up then it frequently starts a war...

[wishiwere]

Our 'monument' are actually just stakes driven in if that's what you are talking about. I doubt there are any straight and narrow in the world be/c of the shape of it, but....ours are also off a bit.

I will say, the 'neighbors' comments when we moved in about his far property line and how he basically has 'taken' over about 7 feet by planting a row of trees on it many years ago, surely has made me careful about where we placed OUR fence that surround 2 sides of his property. One side and all along the back of his actually.

Now we are fighting with the local reservation in regards to an access road that they've bought (yes, in michigan they are sovereign) and can basically do as they please. They've cut off access to another side of our property! So it happens all over.

Karma? How long has his fence been on your property? Once you have the court order, can you chop the thing down then? Or what's the next step? If you hire someone to do it, would they then have to pay for it? curious minds want to know!

Good luck!

[kHT]

wishiwere, we are on hold while the courts find our file as we submitted the large survey and we need to take this now to the attorney we have hired to get the ball rolling.
His fence has been on our property since Sept. and this is a prime reason that if you take your fence down it should go back in the same place or have it surveyed. Is this being a good neighbor and what are they teaching their kids?

[wishiwere]

Well, then you are dealing with it all in a timely manner, and that's great! We're very careful when we put up fences and so on for that reason. I feel what goes around, comes around.

ANd I got a chuckle this summer as I explained to this idiot next door. The tribal road goes rigth along side his house within maybe 20 feet. He had like 4 feet originally and then 'took' the 7, and planted 'his' pines. Well, with the road drainage and then the water lines they are running along this side, they were digging out some major roots. He said, the trees were still leafing out and would do fine. I told him I'd be reminding him of this in 2-3 years. I'm talkign about some roots that were 4-5 inches on his maples. Those semi's will be running right next to their bedroom window as they lose those trees!

And yes, his kids have grown up with this mentality and carry the same values. And one was just released from prison last summer after a 5 year stint. Hmmmmm....maybe it wore off the old block you think?

[kHT]

Your neighbors sound like they are the cousins of some of ours? Do keep us posted on those trees, it sounds like it could come around?