my new neighbor is violating the property boundary. what do i do?

Question

They are currently fixing up their lawn and have implanted sprinklers and dug up the old grass and planting new ones. but they are doing this 2 FEET into our lawn!! we jsut noticed this recently and after some careful measuring they are way into our property. how should i approach them with this issue?

Answer 1

The city won't come and survey your property for you. You will have to pay to have a survey done so that you know your exact property lines. Without that information, you can't be sure, and won't have proof, that the neighbor is infringing on your property.

Even if you have the measurements, you need a legal survey so that you know the exact property lines. If you don't measure from the exact proper point, your measurements won't tell you where the property lines are. The measurements have to be from the monuments, and a legal survey will stand up in Court if you have to sue to stop any infringements. And, before you ask, no you can't ask the court to order the neighbor to reimburse you for the costs of the survey, even if the survey shows they are infringing.

Once you get the survey done, there will be flags placed to show the property line. If your neighbors are infringing, send them a letter (certified, return receipt requested) giving them one or two weeks to remove the infringement from your property. Also, say that if they fail to remove the infringement, you will remove it and will sue them for the costs associated with removing the infringement.

If you don't mind that the infringement is there, but don't want to give up the property through adverse possession, you can always send them a letter telling them that you give them permission to have their sprinklers and whatever on your property at this time, but that you reserve the right to revoke that permission at any time. If you revoke the permission, they will have two weeks from the time of revocation to remove the infringement.

And one last thing, if you send them a letter certified and it is returned to you by the post office because they failed to pick the letter up from the post office, DON'T OPEN IT! You already know what's in the envelope since you're the one who mailed it. It needs to be sealed so that, in case you do have to sue them, the judge can see that you tried to notify them. If you open it, there could have been anything in the envelope. If the judge opens a letter that was returned to sender, he can see exactly what was sent.

Answer 2

First off, this is one of those things you need to be direct and very clear, or you will get the "come on who cares" response. So do not get into tangental discussions.
First thing property rights are important. If you do not take any action you could be granting a permanent easment, or later they will say you gave them permission. And you will have to disclose that to a potential buyer when you sell the house, and they will ask a lot of questions, etc. Of it leaks or violates building codes you will be responsible.
So you need to take care of it right away.
Write them a letter. Call them and read the letter to them.
Dear Smiths, You are currently having sprinklers installed and I am concerned that the equipment and construction is on my property.
For construction that is that close or over the property line, it would have been advisable for you to have the city identify the property line and for us to discuss the matter. This is for the protection of both parties.
I have no experience in these matters I would like to get some expert advice.
At this time please stop any construction.
*****
Call the city and find out if there are building codes regarding sprinklers. Also there may be some buffer zone rules, ie I can build a fence but it must be 12 inches into my property line.
Also what if they spray onto your property, I don't want someone else deciding when my grass will be watered.

Answer 3

I have never heard of permission being given for a development that overhangs a neighbouring property. Also, as you state, they have gone against clear instructions that you had to agree regarding the guttering/eaves. They do not have a leg to stand on in my opinion. If you really want to get back at them then tell then that you will be charging rent for the space that they have occupied that exceeds your boundary as designated by the Land Registry.

Answer 4

Since they are new neighbors, i would invite them over for coffee or tea,tell them how nice they are fixing things up, then point out the real property lines. If they disagree, then ask them to share the cost of a registered land surveyor. If you live in a sub-division, the court house or county assessors office has all the documents you need with plat inofrmation and legal discription.

Answer 5

If my neighbor was planting new grass on my property, installing a sprinkler system to water the grass on my property, paying for the water to water the grass on my property.... I wouldnt do a thing about it

Answer 6

Inform your neighbor about the encroahment and when your protest was acted upon, it is alright. If there is a resistance, make a written demand and if this is ignored. File a special civil action of prohibition in court praying that your neighbor be ordered not to encroach into your property.

Answer 7

Have a surveyor verify your plat as listed in the county record. Verify the boundary lines. Then get an attorney and file a Cease and Decist order. If the neighbor violates it by encroachment, it's off to court they go and you already have the proof needed.

Answer 8

If you have a land survey, get a copy of it (or go to the deed office in your county) and show them they are on your property. Tell them nicely (if they are not jerks like our neighbors are).

If you let them claim your property, depending on your state they can actually eventually 'own' it and you still have to pay taxes on it.

If they dispute it, all you can do is show them the survey plot from the deed, or tell them to get THEIR place surveyed, or you can take it to the magistrate.

Answer 9

I would be friendly about it, but steadfast. Take documentation proving your point also. Don't let it simmer too long. After two years, ownership of property is automatically transferred to whoever has taken care of it (at least that's how it is in my state).

Answer 10

First off, go to the city and make sure they are lawfully in your yard. Have the city come out and survey and mark your land.
Then if they are really on your property, you can go ahead and ask the city what is typically done when boundaries are crossed.