My neighbour & I have lived amicably since our houses were built 11 years ago. Very recently, my neighbour pointed out that the builders had marked our front boundary incorrectly. It is marked by paving stone & grass. 11 years ago, along the corner of my front garden I build an expensive and now established plant arrangement which includes minature trees, shrubs, rockery & plants.
I have checked the deeds & she is correct. The paving stone, grass & rockery is just under a foot onto their property.
I am quite prepared for her to 'have her land' but it would cost me a great deal to move the arrangement, which I cannot afford.
Legally where do I stand?
2007-03-04 23:22:59 · 16 answers · asked by Jen G 2 in Home & Garden ➔ Garden & Landscape
And what will your neighbour do with this extra foot? will it make their lives complete? Disputes like this are made by people with too much time on their hands!
2007-03-04 23:29:05 · answer #1 · answered by Sir Sidney Snot 6 · 4⤊ 0⤋
It will be cheaper as regards time and money to move your arrangement. One of my old bosses had been legally fighting with her next door neighbour for 5 years when I started working with her - they been to court 3 or 4 times then - I worked with her 2 years, and they were still fighting last year nearly 17 years later after it all started over a strip of land 1 foot wide and 3 feet long
2007-03-05 10:30:47 · answer #2 · answered by k 7 · 0⤊ 0⤋
It depends on which state the property is located in. In some states, it takes as long as 20 years for property like this to become yours. In other states, the laws require for you to actively maintain property in clear open view for as little as 5 years. If your state requires a homestead time longer than 11 years, then there is really nothing you can do. EXCEPT just be truthful and tell her that you had no idea that was over on her property. Tell her that it is her propery so SHE may do as she wishes. If I were you I would not remove it myself, if she wants it removed that badly let her do it. Take pictures!!! If she damages your shrubs, trees etc then you have her. IF your state requires a homestead time less than 11 years, then you have a burden of proof. You will need to prove when you started maintaining that area OR that you at least have been maintaining it longer than the law requires. First, look in your files for receipts and bills where you had the work done. Second, have at least three neighbors that you are in good standing with write a letter to you stating that they have enjoyed your landscaping for X number of years etc. This needs to be done because you need to PROVE that you have maintained this yourself. And if it doesn't workout as you would like remember the old Robert Frost poem...Good fences make good neighbors.
2007-03-05 08:33:12 · answer #3 · answered by Ducky D 3 · 0⤊ 0⤋
The law looks like it's on your neighbors side,if your prepared to let her "have her land" then why don't you ask her if you could come to a financial agreement over the rockery get her to pay you if it makes her yard look good, Is there not a clause somewhere that if you've used a piece of land for x amount of time that it legally becomes yours see a lawyer.
2007-03-05 11:08:50 · answer #4 · answered by Mea 5 · 0⤊ 0⤋
I dont think less than a foot will make a difference to her but obviously is a great deal for you. If you've been neighbours for 11 years maybe you can talk openly to her, maybe you can buy that piece of land from her? Good luck i hope she is understanding!
2007-03-05 07:34:37 · answer #5 · answered by bambola1uk 2 · 2⤊ 0⤋
You haven't got a leg to stand on. It is her land and you should have checked in your deeds before you put something on it, it is your responsibility to check that the boundary the builders marked was correct.
2007-03-05 07:25:24 · answer #6 · answered by OriginalBubble 6 · 1⤊ 0⤋
Ask her if she desperatley wants it, because it is going to cost you a lot of money to move it, but you will if she insists. Legally it is hers if it is marked as such in the deeds. If I was your neighbour I wouldn't insist on it, especially after 11 years.
2007-03-05 07:28:03 · answer #7 · answered by Smoochy Poochy 6 · 2⤊ 0⤋
One option would be that you bought the section of land from her at a nominal figure and you could pay her legal fees. You would also incur your own legal and land registration fees which should be in region of a couple of hundred pounds.
2007-03-05 07:40:02 · answer #8 · answered by Sugarlump 3 · 0⤊ 0⤋
Plant a row of Leylandii Cypress trees along the boundry and shut her out , and never talk to her again!
2007-03-05 13:35:13 · answer #9 · answered by Charles R 1 · 0⤊ 0⤋
Its up to your neighbour....She can make you take It down If she wants ......Its her land...... so be nice to her and she might let you keep It there.........As she has accepted this for 11 years
makes no difference......If Its as nice as you say It Is, and Its not encroaching on anything she wants to do, with this part of her land, then she might agree to It staying there.......Talk with her and try to solve the problem...........
2007-03-05 16:03:46 · answer #10 · answered by Anonymous · 0⤊ 0⤋