Hopefully someone here has been through this and has the answers to this
problem. Neighbor was encroaching on the property. Had property surveyed
and square concrete boundary markers put in the ground at each marker point.
Where the neighbor was encroaching previously the new concrete boundary marker
has been removed, tree planted, bricks put in place, etc. In our state moving
or removing a surveyor's stone or concrete boundary marker is punishable by a
$50. fine and/or six months in jail. Although I really feel that the
"neighbor" removed the concrete marker, there is presently no proof who did it,
but his encroachment is starting again. Property line is 3 feet from the
foundation of his house. Opinions and/or experiences with this kind of
problem would certainly be appreciated. Joe

Surveys, Taxes,,, one thing they're good for is proving ownership. Show
him in a friendly way..


"Zadigvolta" wrote in message
...
Hopefully someone here has been through this and has the answers to
this
problem. Neighbor was encroaching on the property. Had property
surveyed
and square concrete boundary markers put in the ground at each marker
point.
Where the neighbor was encroaching previously the new concrete boundary
marker
has been removed, tree planted, bricks put in place, etc. In our state
moving
or removing a surveyor's stone or concrete boundary marker is punishable
by a
$50. fine and/or six months in jail. Although I really feel that the
"neighbor" removed the concrete marker, there is presently no proof who
did it,
but his encroachment is starting again. Property line is 3 feet from the
foundation of his house. Opinions and/or experiences with this kind of
problem would certainly be appreciated. Joe

It is called Adverse Possesion, I am going through it and it is costing
me 10000
$ So no , nobody can help you but your library, or an atty. I will
help for less, but for $, GOOD BY

Get it surveyed, then put up a fence, just to the inside of your property
line. Do it before he does!
Greg


"Zadigvolta" wrote in message
...
Hopefully someone here has been through this and has the answers to
this
problem. Neighbor was encroaching on the property. Had property
surveyed
and square concrete boundary markers put in the ground at each marker
point.
Where the neighbor was encroaching previously the new concrete boundary
marker
has been removed, tree planted, bricks put in place, etc. In our state
moving
or removing a surveyor's stone or concrete boundary marker is punishable
by a
$50. fine and/or six months in jail. Although I really feel that the
"neighbor" removed the concrete marker, there is presently no proof who
did it,
but his encroachment is starting again. Property line is 3 feet from the
foundation of his house. Opinions and/or experiences with this kind of
problem would certainly be appreciated. Joe

ojunk (Zadigvolta) wrote in
:

Hopefully someone here has been through this and has the answers to
this
problem. Neighbor was encroaching on the property. Had property
surveyed and square concrete boundary markers put in the ground at
each marker point. Where the neighbor was encroaching previously the
new concrete boundary marker has been removed, tree planted, bricks
put in place, etc. In our state moving or removing a surveyor's
stone or concrete boundary marker is punishable by a $50. fine and/or
six months in jail. Although I really feel that the "neighbor"
removed the concrete marker, there is presently no proof who did it,
but his encroachment is starting again. Property line is 3 feet from
the foundation of his house. Opinions and/or experiences with this
kind of problem would certainly be appreciated. Joe

Well,who else would remove them(no easy job),and then the neighbor just
"happens" to put his stuff on your property??? Who else would even know
they're there?
You have to stand up for your property rights,or lose the property.

This is definitely "adverse" possession.
It was a clearly hostile action to remove legitimate survery markers,and
should be met with legal action.
He's NOT a friendly neighbor,IMO.

It did cost you to have the property surveyed,didn't it? Make a claim for
that loss,too.Or do you have money and property to toss away?

He should pay for you to have his illegitimate stuff removed,too.


--
Jim Yanik
jyanik-at-kua.net

"Zadigvolta" wrote in message
...
Hopefully someone here has been through this and has the answers to
this
problem. Neighbor was encroaching on the property. Had property
surveyed
and square concrete boundary markers put in the ground at each marker
point.
Where the neighbor was encroaching previously the new concrete boundary
marker
has been removed, tree planted, bricks put in place, etc. In our state
moving
or removing a surveyor's stone or concrete boundary marker is punishable
by a
$50. fine and/or six months in jail. Although I really feel that the
"neighbor" removed the concrete marker, there is presently no proof who
did it,
but his encroachment is starting again. Property line is 3 feet from
the
foundation of his house. Opinions and/or experiences with this kind of
problem would certainly be appreciated. Joe



You contact the surveyor you paid and ask for a drawn plat showing the
encroachment. With that in hand you make a cheap photo copy and enclose it
with a friendly letter sent certified mail to the neighbor asking him to
"remove plantings, fence or whatever remedy you want". Give him 15 days to
respond. When he does not do what you asked, you turn the entire matter
over to an attorney.

This entire process cost me $500. $350 of which was for the attorney.


Colbyt

From: "Colbyt"


"Zadigvolta" wrote in message
...
Hopefully someone here has been through this and has the answers to
this
problem. Neighbor was encroaching on the property. Had property
surveyed
and square concrete boundary markers put in the ground at each marker
point.
Where the neighbor was encroaching previously the new concrete boundary
marker
has been removed, tree planted, bricks put in place, etc. In our state
moving
or removing a surveyor's stone or concrete boundary marker is punishable
by a
$50. fine and/or six months in jail. Although I really feel that the
"neighbor" removed the concrete marker, there is presently no proof who
did it,
but his encroachment is starting again. Property line is 3 feet from
the
foundation of his house. Opinions and/or experiences with this kind of
problem would certainly be appreciated. Joe



You contact the surveyor you paid and ask for a drawn plat showing the
encroachment. With that in hand you make a cheap photo copy and enclose it
with a friendly letter sent certified mail to the neighbor asking him to
"remove plantings, fence or whatever remedy you want". Give him 15 days to
respond. When he does not do what you asked, you turn the entire matter
over to an attorney.

This entire process cost me $500. $350 of which was for the attorney.


Colbyt


F that. It's a subdivision, so just yank out whatever he's done on your
property, return it onto his, stick a fence up if you want and let HIM sue YOU.

Put HIM on the offense if you know you're right.

He's in the wrong so, let him discover that the hard way, after he suffers the
expense of an attorney, and attorney discovers client can't win and tells him
to drop it, along with the $350.00 to his PO box.

get a survey marked out and , Stand by It with paint and markers, if
they refuses to abide go to court , or ??? kiss her ass if it
issnt a hogs ass . Mine is a Cows ass..

I have the same neighbor, different area and rougher ride.

My neighbor has continuously moving the iron pins, cutting my shrubbery
down, planting his in my lot, and etc. He is a typical bible thumping,
retired, southern redneck.

First he claimed "30 years ago" when he was at work his landscaper must have
planted his bushes in my lot.

Then came a plea for me to allow him the use of the land. (We each have 1.37
acres)

Then came "I now own the land due to the twenty year law".

Then came adverse possession claims.

Along the way I have spent about $6,000.00 dollars. A portion to have new
survey performed. He was quick to tell me our plats, plots, and surveys were
older than the five year term for court purposes.

The survey showed and documented his railroad ties beginning at the common
line, on my side, and then ending at the same line a couple of hundred feet
up.

Everytime we hire an attorney, he changes his version of how he owns that
portion of my lot, none of which can be used in Georgia.

"I fear the law and have decency, but I recommend anyone in the same
position to just kill the ******* and bury him on your lot, where he really
wants to be!"

--
Mark C. Mitchell


"bumtracks" wrote in message
news:fNNqd.3830$Hk6.3722@trnddc05...


Surveys, Taxes,,, one thing they're good for is proving ownership. Show
him in a friendly way..


"Zadigvolta" wrote in message
...
Hopefully someone here has been through this and has the answers to
this
problem. Neighbor was encroaching on the property. Had property
surveyed
and square concrete boundary markers put in the ground at each marker
point.
Where the neighbor was encroaching previously the new concrete boundary
marker
has been removed, tree planted, bricks put in place, etc. In our state
moving
or removing a surveyor's stone or concrete boundary marker is punishable
by a
$50. fine and/or six months in jail. Although I really feel that the
"neighbor" removed the concrete marker, there is presently no proof who
did it,
but his encroachment is starting again. Property line is 3 feet from the
foundation of his house. Opinions and/or experiences with this kind of
problem would certainly be appreciated. Joe

Zadigvolta wrote:
Hopefully someone here has been through this and has the answers to this
problem. Neighbor was encroaching on the property. Had property surveyed
and square concrete boundary markers put in the ground at each marker point.
Where the neighbor was encroaching previously the new concrete boundary marker
has been removed, tree planted, bricks put in place, etc. In our state moving
or removing a surveyor's stone or concrete boundary marker is punishable by a
$50. fine and/or six months in jail. Although I really feel that the
"neighbor" removed the concrete marker, there is presently no proof who did it,
but his encroachment is starting again. Property line is 3 feet from the
foundation of his house. Opinions and/or experiences with this kind of
problem would certainly be appreciated. Joe


File a criminal complaint with the Sheriff.

You might also check to see what the setback requirement is. His house
may be too close to your property.

I would put up a chain link fence one inch inside the property line.

(the fence is your cheapest effective option if the Sheriff won't do
anything)

Bob

This is exactly the solution I would do too. Don't wait - don't ask - don't
beg. Just put up a fence (withh permits if required and be done with it.
While you're at it, unless code requires differently, put the ugly side
facing him and make it as tall as the code allows.

"HaHaHa" wrote in message
...
From: "Colbyt"


F that. It's a subdivision, so just yank out whatever he's done on your
property, return it onto his, stick a fence up if you want and let HIM sue
YOU.

Put HIM on the offense if you know you're right.

He's in the wrong so, let him discover that the hard way, after he suffers
the
expense of an attorney, and attorney discovers client can't win and tells
him
to drop it, along with the $350.00 to his PO box.

willshak wrote:

And... check your local laws carefully about fences. In Bedford, NY
you can charge your neighbor for half the cost of the fence. ( This
is a really old law from when our area was farm country. It was
still in effect last time I looked though. )


There are a lot of old laws still on the books but never enforced. It
seems it is easier to enact new laws than it is to repeal old ones.
That one in particular seems morally wrong, if not downright
unconstitutional. If a neighbor does not want a fence, how can you
force him to pay any part of the cost for someone else's fence?

You force him to pay in court.

It's not a law - it's a concept, part of the Common Law dating back to 1216.

The principle in contract law is called "Unjust Enrichment" coupled with the
concept of "Acceptance by Silence."

If someone does something that benefits you, you have an affirmative duty to
demurr at the very instant you perceive of the other's action. Failure to do
so implies consent and a binding contract is entered.

If your neighbor cuts your lawn while you watch, you owe him the fair value
of his services. To put it in plain, contract, terms: 1) He offered a
benefit, 2) By your silence, you agree to the terms of his offer.

Ownership of the fence has nothing to do with the derived benefits.

Thank you everyone! I meet with the original surveyor who put in the
concrete boundary markers, tomorrow. He told me that there is a $500. fine
and/or a prison term of 6 months in our state for whoever tampers with a
boundary marker. I am very tempted to pull out the tree, the bricks, etc. and
throw them on his land and may still do that, in order to put the pressure on
him, however, the surveyor advises against it, as we may get him legally. So
we will get a drawn plat showing the encroachment as suggested by Colbyt, will
make a cheap copy, send it to him, give him 15 days in the accompanying
certified letter, and then pull out the tree, bricks, plastic fence, etc. if he
doesn't. Calling the sheriff sounds very good too, as we have one who would
really follow through. All your answers are very appreciated! Proper
knowledge = decisive action. Thanks, Joe

"JerryMouse" wrote in
:

willshak wrote:

And... check your local laws carefully about fences. In Bedford, NY
you can charge your neighbor for half the cost of the fence. ( This
is a really old law from when our area was farm country. It was
still in effect last time I looked though. )


There are a lot of old laws still on the books but never enforced. It
seems it is easier to enact new laws than it is to repeal old ones.
That one in particular seems morally wrong, if not downright
unconstitutional. If a neighbor does not want a fence, how can you
force him to pay any part of the cost for someone else's fence?

You force him to pay in court.

It's not a law - it's a concept, part of the Common Law dating back to
1216.

The principle in contract law is called "Unjust Enrichment" coupled
with the concept of "Acceptance by Silence."

If someone does something that benefits you, you have an affirmative
duty to demurr at the very instant you perceive of the other's action.
Failure to do so implies consent and a binding contract is entered.

If your neighbor cuts your lawn while you watch, you owe him the fair
value of his services. To put it in plain, contract, terms: 1) He
offered a benefit, 2) By your silence, you agree to the terms of his
offer.

Ownership of the fence has nothing to do with the derived benefits.




What if you don't consider it any benefit?

--
Jim Yanik
jyanik-at-kua.net

"JerryMouse" wrote

You force him to pay in court.

It's not a law - it's a concept, part of the Common Law dating back to
1216.

The principle in contract law is called "Unjust Enrichment" coupled with
the
concept of "Acceptance by Silence."

If someone does something that benefits you, you have an affirmative duty
to
demurr at the very instant you perceive of the other's action. Failure to
do
so implies consent and a binding contract is entered.

If your neighbor cuts your lawn while you watch, you owe him the fair
value
of his services. To put it in plain, contract, terms: 1) He offered a
benefit, 2) By your silence, you agree to the terms of his offer.

Ownership of the fence has nothing to do with the derived benefits.

So this winter when I'm out snowblowing the half dozen driveways for the
elderly people in my neighborhood. I can turn around and haul their asses
into court? Yea, I'll explain that to the judge that you said so.

I wouldn't think about trying to collect, just showing how ridiculous it
would be. Do you really believe someone could create their own income by
going around and start working? I don't think so.

"Josh" wrote in message ...
"JerryMouse" wrote

You force him to pay in court.

It's not a law - it's a concept, part of the Common Law dating back to
1216.

The principle in contract law is called "Unjust Enrichment" coupled with
the
concept of "Acceptance by Silence."

If someone does something that benefits you, you have an affirmative duty
to
demurr at the very instant you perceive of the other's action. Failure to
do
so implies consent and a binding contract is entered.

If your neighbor cuts your lawn while you watch, you owe him the fair
value
of his services. To put it in plain, contract, terms: 1) He offered a
benefit, 2) By your silence, you agree to the terms of his offer.

Ownership of the fence has nothing to do with the derived benefits.

So this winter when I'm out snowblowing the half dozen driveways for the
elderly people in my neighborhood. I can turn around and haul their asses
into court? Yea, I'll explain that to the judge that you said so.

I wouldn't think about trying to collect, just showing how ridiculous it
would be. Do you really believe someone could create their own income by
going around and start working? I don't think so.


Yeah, that legal opinion is one of the stupidist things I've seen
posted on here, which says a lot.

"Chet Hayes" wrote in message
om...
| "Josh" wrote in message
...
| "JerryMouse" wrote
|
| You force him to pay in court.
|
| It's not a law - it's a concept, part of the Common Law
dating back to
| 1216.
|
| The principle in contract law is called "Unjust Enrichment"
coupled with
| the
| concept of "Acceptance by Silence."
|
| If someone does something that benefits you, you have an
affirmative duty
| to
| demurr at the very instant you perceive of the other's
action. Failure to
| do
| so implies consent and a binding contract is entered.
|
| If your neighbor cuts your lawn while you watch, you owe
him the fair
| value
| of his services. To put it in plain, contract, terms: 1) He
offered a
| benefit, 2) By your silence, you agree to the terms of his
offer.
|
| Ownership of the fence has nothing to do with the derived
benefits.
|
| So this winter when I'm out snowblowing the half dozen
driveways for the
| elderly people in my neighborhood. I can turn around and
haul their asses
| into court? Yea, I'll explain that to the judge that you
said so.
|
| I wouldn't think about trying to collect, just showing how
ridiculous it
| would be. Do you really believe someone could create their
own income by
| going around and start working? I don't think so.
|
|
| Yeah, that legal opinion is one of the stupidist things I've
seen
| posted on here, which says a lot.

Yeah, I agree with that! The poster is severely impaired for
knowledge. There ARE remote instances where that kind of thing
can happen in a seriously embroiled, heavily disputed
relationship/s, I guess, but not by watching someone mow your
lawn or anything even remotely similar. I wonder what country
the OP thinks s/he/it lives in? Or what the court experience
might be?

Regards,

Pop

It's not a law - it's a concept, part of the Common Law dating back to 1216.

The principle in contract law is called "Unjust Enrichment" coupled with the
concept of "Acceptance by Silence."

If someone does something that benefits you, you have an affirmative duty to
demurr at the very instant you perceive of the other's action. Failure to do
so implies consent and a binding contract is entered.

If your neighbor cuts your lawn while you watch, you owe him the fair value
of his services. To put it in plain, contract, terms: 1) He offered a
benefit, 2) By your silence, you agree to the terms of his offer.

Ownership of the fence has nothing to do with the derived benefits.

You obviously know nothing about contract law.

"Pop" wrote in message
...

"Chet Hayes" wrote in message
om...
| "Josh" wrote in message
...
| "JerryMouse" wrote
|
| You force him to pay in court.
|
| It's not a law - it's a concept, part of the Common Law
dating back to
| 1216.
|
| The principle in contract law is called "Unjust Enrichment"
coupled with
| the
| concept of "Acceptance by Silence."
|
| If someone does something that benefits you, you have an
affirmative duty
| to
| demurr at the very instant you perceive of the other's
action. Failure to
| do
| so implies consent and a binding contract is entered.
|
| If your neighbor cuts your lawn while you watch, you owe
him the fair
| value
| of his services. To put it in plain, contract, terms: 1) He
offered a
| benefit, 2) By your silence, you agree to the terms of his
offer.
|
| Ownership of the fence has nothing to do with the derived
benefits.
|
| So this winter when I'm out snowblowing the half dozen
driveways for the
| elderly people in my neighborhood. I can turn around and
haul their asses
| into court? Yea, I'll explain that to the judge that you
said so.
|
| I wouldn't think about trying to collect, just showing how
ridiculous it
| would be. Do you really believe someone could create their
own income by
| going around and start working? I don't think so.
|
|
| Yeah, that legal opinion is one of the stupidist things I've
seen
| posted on here, which says a lot.

Yeah, I agree with that! The poster is severely impaired for
knowledge. There ARE remote instances where that kind of thing
can happen in a seriously embroiled, heavily disputed
relationship/s, I guess, but not by watching someone mow your
lawn or anything even remotely similar. I wonder what country
the OP thinks s/he/it lives in? Or what the court experience
might be?

Regards,

Pop




he probably learned that first yr of college, into to business law
just like I did.
Thanks Professor Downey, for beating the oddities into our heads.
He's right.

Well, then explain this Mr. Biz Law expert. If it's true that someone
out of the blue can come on to your property, mow your grass, and then
legally make you pay for it, why the hell isn't this happening
everywhere? I mean there are plenty of scammers and this would be a
sure fire way to make money. Just go house to house in an area with
lots of seniors. And it wouldn't be hard to have a couple of buddies
that would even lie and say they saw little old lady watch them mow.
I'd like to see one legal case where this happened.

Now, if someone already had a relationship with a particular mowing
company, there was some vague agreement as to what work was to be done,
and then you watched them mow, I would agree they would have a case.
But the notion of some stranger showing up and doing work and then
getting paid under the law is bizarre. Perhaps you'd like to give us a
reference for this claim?

On 30 Nov 2004 22:08:35 GMT, ojunk (Zadigvolta) wrote:

How much does it cost to surveyed the land and which States?


Thank you everyone! I meet with the original surveyor who put in the
concrete boundary markers, tomorrow. He told me that there is a $500. fine
and/or a prison term of 6 months in our state for whoever tampers with a
boundary marker. I am very tempted to pull out the tree, the bricks, etc. and
throw them on his land and may still do that, in order to put the pressure on
him, however, the surveyor advises against it, as we may get him legally. So
we will get a drawn plat showing the encroachment as suggested by Colbyt, will
make a cheap copy, send it to him, give him 15 days in the accompanying
certified letter, and then pull out the tree, bricks, plastic fence, etc. if he
doesn't. Calling the sheriff sounds very good too, as we have one who would
really follow through. All your answers are very appreciated! Proper
knowledge = decisive action. Thanks, Joe

I mow my neighbors lawn and he watches but why the hell would I go after him
and make him pay when i'm just being a nice guy.

My idea is if you can't back up what you say they you don't know ****.
"David" wrote in message
m...

It's not a law - it's a concept, part of the Common Law dating back to
1216.

The principle in contract law is called "Unjust Enrichment" coupled with
the
concept of "Acceptance by Silence."

If someone does something that benefits you, you have an affirmative duty
to
demurr at the very instant you perceive of the other's action. Failure to
do
so implies consent and a binding contract is entered.

If your neighbor cuts your lawn while you watch, you owe him the fair
value
of his services. To put it in plain, contract, terms: 1) He offered a
benefit, 2) By your silence, you agree to the terms of his offer.

Ownership of the fence has nothing to do with the derived benefits.

You obviously know nothing about contract law.