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patrickbateman

patrickbateman

Joined
Jul 11, 2024
Messages
890
Girlfriend and I bought a house that was unoccupied for a year. The elderly woman who lived here went into an ALF and passed away.

So our dipshit neighbors took the liberty of creating a second white trash driveway that's 5 feet over our property line.

Then the dumbass drove his truck into our backyard, ran over our solar lights, got stuck, and left it there for a week. He never apologized or asked permission to drive on our property.

Last winter him and some cocksucker from across the street plowed snow into our backyard and said they had an arrangement with the previous owner who is among the departed.

Finally this dumb f*** comes over and tells me no one owns a strip of land between our houses and he has thevright of way. What a fucking moron. We own the land and right of way means their propane provider needs to access their tanks using our property. It doesn't mean they can practice witchcraft or bury people on our property. I have a property survey and a copy of a deed stating that land was transferred to the previous home owner.

We can't block access to their propane tanks but I want these assholes to stop damaging our property. Plow, tractor, and truck damage.

They clearly have their property lines staked out and they are pissed we won't sell them land. Their backyard is tiny. We have a half of acre.

Thoughts besides hiring a lawyer. Can't talk to stupid people.

Action is needed.
 

djefferis

djefferis

Joined
Jan 8, 2024
Messages
2,075
Ah yes - the joy of dumbass neighbors - know them well.

Always made better with the age old “but the last owner ALWAYS let me do this”.

Bottom line - they likely are twisting what they read on the internet to fit their wants and it’s wrong.

First - I’d start with pulling a copy of your deed (should be available online at your county recorders office website) and verifying with a copy of the survey of your lot (if you have one) - may also be available on your county auditor website under map of the parcel (be aware the auditor map online may not be exact - but will give a fair idea of where the property line is). The survey tells you where the line truly is - the deed tells you of any granted easements/right of way and required set backs beyond what the local planning commission requires.

Once you know this - give the neighbor notice of the violation of the boundary. If he continues to drive over your yard/use the drive - a simple letter via certified mail with a copy of something showing the property line and advising to cease and desist accessing their property using the path they have created. Send via certified as you will need proof of they ignore this in the future. Then - if they ignore your letter and damage the yard in the future - take photos and file the matter in small claims seeking not only damages (can ask for a dollar even) but also an order prohibiting him from doing this in future and injunctive relief (penalty paid to you) if he does.

Neighbor is likely referencing local easement in claiming 5 feet between properties is “common space” - basically you can’t build any structure (including a fence) 5 feet from property line in many areas. This ensures each property owner doesn’t need to cross into the others space to maintain the structure (mowing around it/painting/ect). An easement if not recorded is basically at discretion of your local planning commission - and they set the standards locally. Easements are not a “free space” nor are they rights of either party to just use the area - they simply ensure a buffer exist to keep the peace between neighbors.

Similarly - right of way would be reordered: ROW generally exist to keep someone from being “landlocked” or having very extreme access to their property in these situations. Unless it’s written and recorded at the time of your purchase - it’s likely void. Even if dumbass had the old man sign a paper giving him right of way - if he didn’t file it BEFORE you transferred ownership - it’s now voided (because you had a right to know at the time of purchase that it existed - if it wasn’t they basically waive their rights by not filing for it).

Guessinf neighbor is referring to the ROW held by many municipalities/states when it comes to roadways. Again - like an easement it exist to allow them to maintain streets/run utilities and expand/widen roads easily as needed. Think of it like a tree lawn in front of a house between sidewalk and a curb - again - it’s still technically “yours” to maintain - but if the city needs it they can take it without permission. The public can also walk there - but someone couldn’t just set up a lemonade stand for example there if they wanted - it’s yours - unless the city/county/state need it. And again this would only apply to areas parallel with a street/alleyway.

Finally - once you know what’s yours and how to “defend” it via legal means - you likely will find yourself in the position as many do of having a neighbor who doesn’t give a shit what you say and who thinks they can just continue doing what they like. So what to do - well - in my experience a claymore and a trip wire are highly effective - but generally not the best solution if you have small children/pets or other things you’d like to keep alive that play in the area. If the neighbor continues to drive over your yard a couple of miles pieces of 1/4 inch rebar hammered into the ground and left to stick up an inch or so work well - leaves a nice hole in the tire when it runs over it - but if buried just low enough won’t damage your mower blade (just push mow this area if you regularly use a rider). Take a grinder and leave a nice point on the tip for maximum effect.

As to the propane delivery - how far is the tank from the nearest reasonable parking place for the delivery truck ? Those guys can run a hose up quite a distance - the tank at the house i am selling is at least 100’ from the road and they have no issue parking on the road and running a hose. Sure as hell beats pulling onto soggy grass with a truck weighing 15-20 ton and getting stuck there. Again - not unreasonable to let someone drag a hose through your yard a few times a year / but just driving across your yard - yea - that’s bullshit. Worse - the longer it goes on - the closer you get to losing your rights. Adverse possession in general takes 20 years (if someone uses a piece of land and maintains it for a period and the rightful owner does not object - the ownership is considered to be transferred to the user). 20 is a generally accepted- but some states it’s 10 or less I think.

Good luck.
 

djefferis

djefferis

Joined
Jan 8, 2024
Messages
2,075
You gotta try to work together first you don’t wanna have a few just buying a house. Guy could be a nut.

If he’s a nut - be the bigger nut.

It’s amazing how logically seemingly crazy people react when they realize they have been out crazied. Just keep it legal and he will likely back off.

I mean the logic is solid - don’t want to piss off neighbors in general - but you’re not dealing with logical people. Someone gets away with this shit and they suddenly think they can continue doing it without consequences.

Tyson said it best - everyone has a plan until they’re punched in the mouth. The guy has a plan and it’s to bully and intimidate by making up some shit that sounds reasonable to him and hoping you don’t call his BS - do you think it will stop if you give in ? I don’t generally recommend punching someone in the mouth as the first response - but calling their BS might end a whole lot more issues before they start.
 

patrickbateman

patrickbateman

Joined
Jul 11, 2024
Messages
890
Ah yes - the joy of dumbass neighbors - know them well.

Always made better with the age old “but the last owner ALWAYS let me do this”.

Bottom line - they likely are twisting what they read on the internet to fit their wants and it’s wrong.

First - I’d start with pulling a copy of your deed (should be available online at your county recorders office website) and verifying with a copy of the survey of your lot (if you have one) - may also be available on your county auditor website under map of the parcel (be aware the auditor map online may not be exact - but will give a fair idea of where the property line is). The survey tells you where the line truly is - the deed tells you of any granted easements/right of way and required set backs beyond what the local planning commission requires.

Once you know this - give the neighbor notice of the violation of the boundary. If he continues to drive over your yard/use the drive - a simple letter via certified mail with a copy of something showing the property line and advising to cease and desist accessing their property using the path they have created. Send via certified as you will need proof of they ignore this in the future. Then - if they ignore your letter and damage the yard in the future - take photos and file the matter in small claims seeking not only damages (can ask for a dollar even) but also an order prohibiting him from doing this in future and injunctive relief (penalty paid to you) if he does.

Neighbor is likely referencing local easement in claiming 5 feet between properties is “common space” - basically you can’t build any structure (including a fence) 5 feet from property line in many areas. This ensures each property owner doesn’t need to cross into the others space to maintain the structure (mowing around it/painting/ect). An easement if not recorded is basically at discretion of your local planning commission - and they set the standards locally. Easements are not a “free space” nor are they rights of either party to just use the area - they simply ensure a buffer exist to keep the peace between neighbors.

Similarly - right of way would be reordered: ROW generally exist to keep someone from being “landlocked” or having very extreme access to their property in these situations. Unless it’s written and recorded at the time of your purchase - it’s likely void. Even if dumbass had the old man sign a paper giving him right of way - if he didn’t file it BEFORE you transferred ownership - it’s now voided (because you had a right to know at the time of purchase that it existed - if it wasn’t they basically waive their rights by not filing for it).

Guessinf neighbor is referring to the ROW held by many municipalities/states when it comes to roadways. Again - like an easement it exist to allow them to maintain streets/run utilities and expand/widen roads easily as needed. Think of it like a tree lawn in front of a house between sidewalk and a curb - again - it’s still technically “yours” to maintain - but if the city needs it they can take it without permission. The public can also walk there - but someone couldn’t just set up a lemonade stand for example there if they wanted - it’s yours - unless the city/county/state need it. And again this would only apply to areas parallel with a street/alleyway.

Finally - once you know what’s yours and how to “defend” it via legal means - you likely will find yourself in the position as many do of having a neighbor who doesn’t give a shit what you say and who thinks they can just continue doing what they like. So what to do - well - in my experience a claymore and a trip wire are highly effective - but generally not the best solution if you have small children/pets or other things you’d like to keep alive that play in the area. If the neighbor continues to drive over your yard a couple of miles pieces of 1/4 inch rebar hammered into the ground and left to stick up an inch or so work well - leaves a nice hole in the tire when it runs over it - but if buried just low enough won’t damage your mower blade (just push mow this area if you regularly use a rider). Take a grinder and leave a nice point on the tip for maximum effect.

As to the propane delivery - how far is the tank from the nearest reasonable parking place for the delivery truck ? Those guys can run a hose up quite a distance - the tank at the house i am selling is at least 100’ from the road and they have no issue parking on the road and running a hose. Sure as hell beats pulling onto soggy grass with a truck weighing 15-20 ton and getting stuck there. Again - not unreasonable to let someone drag a hose through your yard a few times a year / but just driving across your yard - yea - that’s bullshit. Worse - the longer it goes on - the closer you get to losing your rights. Adverse possession in general takes 20 years (if someone uses a piece of land and maintains it for a period and the rightful owner does not object - the ownership is considered to be transferred to the user). 20 is a generally accepted- but some states it’s 10 or less I think.

Good luck.
Thank you. I have a copy of the deed and a land survey. I spoke with a real estate attorney and right of way only applies to their propane tanks and emergency situations i.e. a fire or injury.

These clowns bought the house knowing it came with a tiny bit of land. Telling me a strip of land that we own is not owned by anyone is stupid. Of course someone owns the land. We do.

They can't use our property as they see fit. Emergencies only.

These people are beyond stupid. Plowing snow into our yard and ruining our lawn is unforgivable. Some fat f*** friend drove an industrial tractor over our property to do some work in their yard.
 

edawg

edawg

Joined
Nov 11, 2021
Messages
2,119
Best thing is to know where the property lines are and your rights. Always try to be calm when talking to neighbors and respond in kind. Are they just ignorant or being assholes on purpose? City should have a zoning board and could tell you about driveways and right aways. Good luck.
 

RRsilver

RRsilver

Joined
Nov 2, 2021
Messages
5,766
Ah yes - the joy of dumbass neighbors - know them well.

Always made better with the age old “but the last owner ALWAYS let me do this”.

Bottom line - they likely are twisting what they read on the internet to fit their wants and it’s wrong.

First - I’d start with pulling a copy of your deed (should be available online at your county recorders office website) and verifying with a copy of the survey of your lot (if you have one) - may also be available on your county auditor website under map of the parcel (be aware the auditor map online may not be exact - but will give a fair idea of where the property line is). The survey tells you where the line truly is - the deed tells you of any granted easements/right of way and required set backs beyond what the local planning commission requires.

Once you know this - give the neighbor notice of the violation of the boundary. If he continues to drive over your yard/use the drive - a simple letter via certified mail with a copy of something showing the property line and advising to cease and desist accessing their property using the path they have created. Send via certified as you will need proof of they ignore this in the future. Then - if they ignore your letter and damage the yard in the future - take photos and file the matter in small claims seeking not only damages (can ask for a dollar even) but also an order prohibiting him from doing this in future and injunctive relief (penalty paid to you) if he does.

Neighbor is likely referencing local easement in claiming 5 feet between properties is “common space” - basically you can’t build any structure (including a fence) 5 feet from property line in many areas. This ensures each property owner doesn’t need to cross into the others space to maintain the structure (mowing around it/painting/ect). An easement if not recorded is basically at discretion of your local planning commission - and they set the standards locally. Easements are not a “free space” nor are they rights of either party to just use the area - they simply ensure a buffer exist to keep the peace between neighbors.

Similarly - right of way would be reordered: ROW generally exist to keep someone from being “landlocked” or having very extreme access to their property in these situations. Unless it’s written and recorded at the time of your purchase - it’s likely void. Even if dumbass had the old man sign a paper giving him right of way - if he didn’t file it BEFORE you transferred ownership - it’s now voided (because you had a right to know at the time of purchase that it existed - if it wasn’t they basically waive their rights by not filing for it).

Guessinf neighbor is referring to the ROW held by many municipalities/states when it comes to roadways. Again - like an easement it exist to allow them to maintain streets/run utilities and expand/widen roads easily as needed. Think of it like a tree lawn in front of a house between sidewalk and a curb - again - it’s still technically “yours” to maintain - but if the city needs it they can take it without permission. The public can also walk there - but someone couldn’t just set up a lemonade stand for example there if they wanted - it’s yours - unless the city/county/state need it. And again this would only apply to areas parallel with a street/alleyway.

Finally - once you know what’s yours and how to “defend” it via legal means - you likely will find yourself in the position as many do of having a neighbor who doesn’t give a shit what you say and who thinks they can just continue doing what they like. So what to do - well - in my experience a claymore and a trip wire are highly effective - but generally not the best solution if you have small children/pets or other things you’d like to keep alive that play in the area. If the neighbor continues to drive over your yard a couple of miles pieces of 1/4 inch rebar hammered into the ground and left to stick up an inch or so work well - leaves a nice hole in the tire when it runs over it - but if buried just low enough won’t damage your mower blade (just push mow this area if you regularly use a rider). Take a grinder and leave a nice point on the tip for maximum effect.

As to the propane delivery - how far is the tank from the nearest reasonable parking place for the delivery truck ? Those guys can run a hose up quite a distance - the tank at the house i am selling is at least 100’ from the road and they have no issue parking on the road and running a hose. Sure as hell beats pulling onto soggy grass with a truck weighing 15-20 ton and getting stuck there. Again - not unreasonable to let someone drag a hose through your yard a few times a year / but just driving across your yard - yea - that’s bullshit. Worse - the longer it goes on - the closer you get to losing your rights. Adverse possession in general takes 20 years (if someone uses a piece of land and maintains it for a period and the rightful owner does not object - the ownership is considered to be transferred to the user). 20 is a generally accepted- but some states it’s 10 or less I think.

Good luck.
you beat me to it!!
 

Tanko

Tanko

Joined
Oct 27, 2021
Messages
42,271
Best thing is to know where the property lines are and your rights. Always try to be calm when talking to neighbors and respond in kind. Are they just ignorant or being assholes on purpose? City should have a zoning board and could tell you about driveways and right aways. Good luck.
Like edawg says. Try to take the high road and stay calm with this idiot. If they don't come around then go bats#it crazy like Djefferis says.
 
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