Did some land surveying at moms today and was shocked

civil_war22

Relic Recovery Specialist
Dec 5, 2008
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I kept noticing when I’d go up moms driveway, her neighbors fence looked oddly closer than it used to be. I got out the old mapping software, took some measurements off the map, then went out, and started measuring random places I’d marked, and just from the front to part of the back they are over 50-65 ft, and when I was out back measuring the one that was 65 I looked back to the back part of her property, and their fence came over another 20 ft, making that 85 foot out back. I think I’m going to be having a chat with them. They put up a electric fence for their horses, and they went on our property to do it, nailing the insulators in our trees, then the horses have stomped huge tracks of land up, muddying it all up, and to make matters worse, one of their wound bales is smack dab in the middle of our creek, and keeps inching forward more, and more. It wouldn’t piss me off normally, but these folks lie, and say they run a rescue mission for horses(they don’t), and they take advantage of my moms kindness. If my dad was still alive he would be throwing a absolute fit to see what their horses have done, the hay bale in the creek, and the fence so far over on our side, also the fact on the back side mom told them she didn’t want their horses on the back side of our property because they’d tear it up, well guess what? They’re back there, and so is their fence. What angers me about the hay bale in the creek is moms driveway goes up the hill at a very steep incline, so the creek is literally on the left side as you drive up, and the drainage from the other side of the mountain is on the right. Now I know why the creek has been overflowing, and getting over the top of the road, washing her driveway out. My uncle spent almost $20k having over 2 dozen dump truck loads of gravel emptied on her driveway, and ever since they moved in it’s washed her driveway out more, and more. To the point my brother, and I bought a brand new 4wd tractor with front end loader, trailer, box blade, and brush hog just to grade her driveway because it keeps washing out.

Anyone else ever had other landowners free graze or go past their property line?
 

I’ve got one on my north side that thinks he owns about 8 ft.x 300ft. More than he does. Not too worried since he knows he’s wrong. No “ Drive By Slappin “ needed. Yet.
 

I’ve got one on my north side that thinks he owns about 8 ft.x 300ft. More than he does. Not too worried since he knows he’s wrong. No “ Drive By Slappin “ needed. Yet.

Haha dangit. That it’s a pretty good distance. These people aren’t the original owners of the property, it’s the dudes daughter. He died at like 80 something years old, and for the past 5 years since my dad died they’ve came over more and more. They even asked “can we come on your property to shoot deer, cause they’re eating out hay”. Um NO, #1 it’s not deer season now, and #2 I’m a avid hunter, but don’t kill moms deer up here because like are like pets up here to her, and not only that the only ones up here right now are two mamas with a set of twins a piece.
 

It happens alot down here with people making their own lines. Get a survey. Mark every change of direction and everything on your side of the line is yours to do as you wish...
 

It happens alot down here with people making their own lines. Get a survey. Mark every change of direction and everything on your side of the line is yours to do as you wish...

Sad part it is marked, and it was recently surveyed. It’s been surveyed twice since my dad died 5 years ago, and I’ve lived up here long enough to know where all the boundaries, markers, and surveying stakes are at, and they’re all between 50-80 feet behind their fence. Mom got even more pissed off earlier when I showed her they made two fences, one that runs our ridge to the low crossing in the creek, and then the other fence she made was a circular one, that goes off in moms woods across the creek again. We kept hearing a chainsaw a few months ago, and now I know why. They have the nerve to be you know what to my daughter when they’re not there, about her coming over to see the horses, even though my daughter has rode a horse since she was in her moms belly, makes me want to say to them “ if you don’t want her over there, then take your fence off our property. You can tell they didn’t even look at boundary markers or anything. 90% of moms land is wooded, and they just went through the areas where moms was cleared on the ridge, and the back part where the creek is, and just zig zagged through the woods. I mean it doesn’t take a surveyor to see how far off they are, whenever there is that many cuts in the property, and then goes off even farther in moms woods. If the surveyor knew moms property which the guys that work there know my family like their own, they could come up here, and just walk it, and tell you where our boundaries are.
 

Disputes over property lines/boundaries can become serious over time. While this may not be the situation in this case, open and notorious use of another’s land is a prerequisite to adverse possession.

I think you should mark you mothers property with durable posts (ideally with fencing) along the property lines. If the corner monuments are not intervisible, it would be wise to have a licensed surveyor mark the lines, making sure none of the monuments have been moved.

Mike
 

Disputes over property lines/boundaries can become serious over time. While this may not be the situation in this case, open and notorious use of another’s land is a prerequisite to adverse possession.

I think you should mark you mothers property with durable posts (ideally with fencing) along the property lines. If the corner monuments are not intervisible, it would be wise to have a licensed surveyor mark the lines, making sure none of the monuments have been moved.

Mike

They are all clearly marked, we’ve got almost 20 acres on top of the mountain up here, and all the markers on the left side where the only neighbors are, are clearly marked all the way down to the back of the property. I walked it, and could see everyone of them, sometimes 40-50 ft behind their part time electric fence. They assumed my mom didn’t care, and wouldn’t notice, but I have always paid close attention to all the markers, and the survey of the property, because the neighbors dad was a real pain in the butt, so we always bumped heads with him. The daughter doesn’t seem to be wanting to take our property they just wanted to use more property for room for more horses.
 

There was a case in East TN years ago where duplicitous neighbors took advantage of a county law stating changes in property boundary lines that went unchallenged in "X number of days" became legal. There was a creek dividing the properties (though the creek wasn't the boundary line) that had shifted over the years (via natural forces or ne'er-do-wells ?).. the neighbors took advantage of this to take several acres of land from the plaintiff. They had a County Surveyor-friend file the new boundary lines at the courthouse behind everyone else's back. By the time it was discovered by the property owner's decedents who were sorting out the estate, they had to appeal to higher courts to find a sympathetic judge willing to do anything about it.
 

There was a case in East TN years ago where duplicitous neighbors took advantage of a county law stating changes in property boundary lines that went unchallenged in "X number of days" became legal. There was a creek dividing the properties (though the creek wasn't the boundary line) that had shifted over the years (via natural forces or ne'er-do-wells ?).. the neighbors took advantage of this to take several acres of land from the plaintiff. They had a County Surveyor-friend file the new boundary lines at the courthouse behind everyone else's back. By the time it was discovered by the property owner's decedents who were sorting out the estate, they had to appeal to higher courts to find a sympathetic judge willing to do anything about it.

Luckily we’ve lived here longer then them, and our home is older than their property. So our previous surveys haven’t changed, and we’ve got one thing over them, family friends, of the only known surveying company in the area for almost 50 years.
 

Where I live, that is worthy of cold blooded murder, and that's actually not a joke. People have been killed by doing that around here. I don't suggest shootin', but I do suggest a stern talk, and a good lawyer. Can you order someone to cease and desist that way? I'm not sure how it works. That is cheap, low down, gutless, cowardly, sneaky bullcrud they're pulling.
 

Where I live, that is worthy of cold blooded murder, and that's actually not a joke. People have been killed by doing that around here. I don't suggest shootin', but I do suggest a stern talk, and a good lawyer. Can you order someone to cease and desist that way? I'm not sure how it works. That is cheap, low down, gutless, cowardly, sneaky bullcrud they're pulling.

Well being a former law enforcement officer, for which they know I was, I don’t think I’ll have to make too much of a stink. I am going to talk to them, and let them know when mom told them they could use some horses to eat some of the grass down on our side, it didn’t mean keep them over here, no cut trees down, or build a fence, and corral over a creek that flows from a natural spring down our property. It’s the same way here. People have been literally been killed over property, free grazing, and even just trespassing while hunting.
 

By the time it was discovered by the property owner's decedents who were sorting out the estate, they had to appeal to higher courts to find a sympathetic judge willing to do anything about it.

Translation: A judge that wasn't related to your neighbors, or buddies with that judge.

Justice ain't always just.
 

Hi Often Do gooders deeds can cause more trouble than good. Their good hearted nature can be turned into blind obsession . Take care and may be get a mediator . TP
 

Hi , Try contacting the following County Animal Control Parks and Wildlife Animal Welfare Water Resources Planning and Construction Standards . One violation of codes and laws and they will be shut down. TP
 

Maybe all that needs to be done is offer to walk the boundary with the neighbor then insist that they remove the encroachments. Sounds like both owners would benefit from a fence..maybe offer to split the costs on a fence placed on the property line. Property doesn't mean much if you don't retain control over it. If it doesn't go well...have an attorney draft up a demand letter and send it certified mail. That will get their attention.

IF it went any further than that...as much as it doesn't make sense..you will need another survey.
You will need a map prepared by a land surveyor showing the encroachments in relation to the property line.

Good luck resolving this in a friendly manner.

Turning neighbors into government agencies can be a two way street.
Maybe you don't want people with a lifelong vendetta living next door to your mom?
 

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Maybe all that needs to be done is offer to walk the boundary with the neighbor then insist that they remove the encroachments. Sounds like both owners would benefit from a fence..maybe offer to split the costs on a fence placed on the property line. Property doesn't mean much if you don't retain control over it. If it doesn't go well...have an attorney draft up a demand letter and send it certified mail. That will get their attention.

IF it went any further than that...as much as it doesn't make sense..you will need another survey.
You will need a map prepared by a land surveyor showing the encroachments in relation to the property line.

Good luck resolving this in a friendly manner.

Turning neighbors into government agencies can be a two way street.
Maybe you don't want people with a lifelong vendetta living next door to your mom?

Hi The fiddle of sorrow will play the tune of pain .A instrument used to pull your heart stings . Bet if doesnot work there be a vile threat started on Social Media .If there is no written agreement on the horses being on your deed or land title , doubt the horse owners have any legal grounds . Then there is the legal ownership of the horses in Question . Ask for bill of sale or documents ownership. Community based animal welfare groups are still bound by the law. Most use tears instead obeying the strict conditions that everyone has to live by. Besides climate change activists the second most disliked group are the animal activists .Most are one eyed leftist queers trying to impose their beliefs on others. Funny during a non legal Protest a activists was accidentally trampled by a police horse . The activists played the whole affair for what was worth. Nobody was on their side .Everyone pays taxes to pay professionals to these these sought tasks.2 cent do gooders only cause more problems TP
 

Maybe all that needs to be done is offer to walk the boundary with the neighbor then insist that they remove the encroachments. Sounds like both owners would benefit from a fence..maybe offer to split the costs on a fence placed on the property line. Property doesn't mean much if you don't retain control over it. If it doesn't go well...have an attorney draft up a demand letter and send it certified mail. That will get their attention.

IF it went any further than that...as much as it doesn't make sense..you will need another survey.
You will need a map prepared by a land surveyor showing the encroachments in relation to the property line.

Good luck resolving this in a friendly manner.

Turning neighbors into government agencies can be a two way street.
Maybe you don't want people with a lifelong vendetta living next door to your mom?

1: Some people bring their vendettas with them.

2: We all live by laws, and property laws are of primary importance.
 

1: Some people bring their vendettas with them.

2: We all live by laws, and property laws are of primary importance.

They’ve been a thorn in our rear since they moved over there. We’d be out target practicing with dad, shooting in our huge embankment we made, and the old man of theirs would start shooting his .22 over our heads. Well dad didn’t take too kind to that one so he took his SKS, and next time the old man did it, dad let them tree tops have a 30 round clip.

They don’t seem to care about who’s land they’re on. The property they live on is theirs, the space in between them is in a family trust, and there are lots of them around to argue with who’s land it is. Pretty sure I could go to the mother (the one who’s husband was a jackass), and ask her why they had their fence way on our side, and she’d make them move it. She was always really nice to us, and always wanted to make sure mom, and everyone over here was ok. She’s going to be the more sensible one to deal with, because the two lesbos that live in the mom and dads old house are using land they probably didn’t ask their mom to use in that way.
 

I have always tried to be "neighborly" but once someone takes advantage of my kindness, all bets are off. I would get out the survey, show them the legal boundaries and give them a week to move their fences completely off your property and return the entire area they have disrupted back to original condition. It's one thing if they didn't know where the property lines were but a whole nother thing when they do and still stomp on someone else rights. If they don't have enough property of their own for horses, they need to sell them. Just my two cents.
 

I have always tried to be "neighborly" but once someone takes advantage of my kindness, all bets are off. I would get out the survey, show them the legal boundaries and give them a week to move their fences completely off your property and return the entire area they have disrupted back to original condition. It's one thing if they didn't know where the property lines were but a whole nother thing when they do and still stomp on someone else rights. If they don't have enough property of their own for horses, they need to sell them. Just my two cents.

That’s exactly what I told my mom. She’s going to talk to them about it. I’ve got the survey out, and went over the measurements the surveyors had done, and then measured how far they were on our property, and it ranges from between 50-80 feet. They’ve let their horses trample a fresh water spring we had, they’ve got mounds of horse manure piled up running into the creek, and then the hay bale. They told mom that they can’t lift it up with their loader. I’m not taking my brand new tractor down there to remove their crap. Just like I’m not going to remove their manure. They can. They’ve cut timbers to allow the horses more room, and they pretend to run a rescue mission, when all they do is get them, fatten them up, sell them, and buy more. They’ve got about 12 horses, and only have around 8 acres.
 

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