property line - what would you do?

[wildchild]

so here's the set up:
bought my place 3 1/2 years ago. realtor said prop line was the poles on the corners. ok.
guy who owns the land around me rents it out to a farmer. right down the line between the properties is a trail that they use to get the tractors in the fields.
when we first moved in I asked the farmer's nephew 23 yrs old or so, not to cross my land with implements. told him i was going to put trees around the line anyway so he may as well get used to going around. soon after i caught cutting across my yard with a pick up truck. he claimed it saved him time not to have to make the corner around the pole.
I was pretty understanding when they brought in trailers and what not but not a pick up. beside normally they would just nick the corner, he was cutting right through the middle.
so this spring I put in the trees. he started whining about the turn to the field. got me to thinking, I don't want the trees to close to the line so I pulled out the plat of my land. hmmm it looks like john farmer may have moved the pole quite sometime ago and everyone has let him use what is now my land for his trail.
so here's the question, should I get the land surveyed properly and then make him move his trail, or should I just let it go, or should I make sure he is aware that he is using my land but still allow him to do it.
I am not really doing anything with that little strip of land, although I could have put my trees further over.


what would you do?

[Papa_Complex]

I would have it surveyed. If he has been using your land to travel back and forth he may have created an easement, meaning that he gets free use of your land for this purpose against your wishes.

Get it straightened out now.

[derf]

Originally Posted by Papa_Complex

I would have it surveyed. If he has been using your land to travel back and forth he may have created an easement, meaning that he gets free use of your land for this purpose against your wishes.

Get it straightened out now.

Agreed, in fact it might already be too late if he can prove that he has been using it for years. Get it surveyed now and take control of the part he is using.

The other thing on your mind should be your relationship with your neighbor. What will happen if you take over the land again? will he accidentally run over some trees and knock them down? Have an oil leak that kills all your grass?

[G-Rex]

You absolutely need to get it resolved right now. There have been instances in the past where there have been property line disputes on both sides, where the courts have ruled in favor of the "commonly accepted boundary", i.e. fenceline, posts, etc. that were in place on the ground. I have been involved in this part of the process, and it can happen.

You need to re-establish those monuments asap, or you very well may *lose* that strip of land in the future.

And Derf, as far as relationship with the neighbor, the neighbor doesn't seem to concerned about his relationship with wildchild.

[askmrjesus]

Originally Posted by Papa_Complex

I would have it surveyed. If he has been using your land to travel back and forth he may have created an easement, meaning that he gets free use of your land for this purpose against your wishes.

Get it straightened out now.

A public utility can create an easement, but a private party would need your permission, unless they made an agreement on an easement with the former owners of the property.

A private easement would be shown in the property documents. If not, it's tough shit for tractor boy.

Survey Says: Get a survey.

JC

[Papa_Complex]

Originally Posted by askmrjesus

A public utility can create an easement, but a private party would need your permission, unless they made an agreement on an easement with the former owners of the property.

A private easement would be shown in the property documents. If not, it's tough shit for tractor boy.

Survey Says: Get a survey.

JC

In some places simply letting someone use your property for a given purpose, for an extended period of time, permits them to continue to do so. It's ridiculous, but true.

[Cruzergirl]

Originally Posted by Papa_Complex

In some places simply letting someone use your property for a given purpose, for an extended period of time, permits them to continue to do so. It's ridiculous, but true.

This is how I got my .75 acres as opposed to the .69 originally purchased. Works out if you are on the right side of the deal.

[askmrjesus]

Originally Posted by Papa_Complex

In some places simply letting someone use your property for a given purpose, for an extended period of time, permits them to continue to do so. It's ridiculous, but true.

I realize that things get "grandfathered in" after time, which is why he should nip this in the bud now.

Either way, the kid wanting to drive over the lawn, and maybe "mow down" a couple of trees, because he thinks that would be more convenient for him, is total bullshit.

Get off my fucking lawn.

JC

[azoomm]

Originally Posted by askmrjesus

I realize that things get "grandfathered in" after time, which is why he should nip this in the bud now.

Either way, the kid wanting to drive over the lawn, and maybe "mow down" a couple of trees, because he thinks that would be more convenient for him, is total bullshit.

Get off my fucking lawn.

JC

And, the sooner you establish legally that it is your property, the better.

[VatorMan]

Originally Posted by Papa_Complex

I would have it surveyed. If he has been using your land to travel back and forth he may have created an easement, meaning that he gets free use of your land for this purpose against your wishes.

Get it straightened out now.

This.