I just recived my survey and my neighbors have a boat,trailer and a playhouse on my property.I told them about it and they say I am wrong.They don’t have a survey of their own.Where can I get a form for them to sign stating that I made them aware of the encrochment?I don’t wan’t them trying to claim the land.It is about 25x125 in size. They have been using it for a couple of years because the house has been vacant.
When they surveyed, did they pin and flag the property or was it a “desktop” survey?
Did you pay for a survey? If so, they should have mared the boundries. Call the company htat provided the plat (the survey map) and ask them if there are discernable boundry markings. If so get some string or tape and mark your property so that the neighbors can see that they are encroaching.
They marked the property with flags.I paid for the survey.I don’t care if the items are there for now but I don’t wan’t them to try to claim the land later because I didn’t make them sign anything.What papers do I need and where can I get them?
Good luck with that. I don’t know what court would handle a case like that, but you probably want to get it taken care of. Not sure, but what if they’re playing in that playhouse and get hurt. Now it happened on your land, could they sue you?
Hopper…I believe you can serve your purpose with a registered letter to the legal owner of the property. I would include the legal description of both properties, a copy of the survey and perhaps a couple photos. State your belief that they are encroaching and that in no way, shape, or form do you intend to cede the property to them. I think you might also want to give them X number of days to remove their property from your land.
You, of course, can’t force them to sign anything so in exchange for signing a letter of acknowledgement to the facts listed above AND an agreement to remove their items within X amount of notice you will let them leave their items on your property.
In my state (CA) you would not legally be able to sell your property without disclosing this dispute over the property line to a prospective buyer. Your property is truly encumbered and most people will not buy into a legal battle.
You may want to consult an attorney and have him/her draft the letter and send it on their letterhead.
My brother-in-law is having a similar dispute here in Illinois except he is the one that has adverse possession. His property was fenced in for over 50 years and then the neighbor had a survey done and it showed the fence was off by 25 feet in favor of the neighbor who has demanded that he vacate the area and tried to remove the fence. My brother-in-law’s lawyer told him to leave the fence and that surveyors plat the boundaries but only a judge can decide them in a case of adverse possession. But to establish adverse possession here you have to out rightly use the land like it was yours for 20 years, without the owner expressing rights of ownership. Definitely send a registered letter establishing your rights and better yet if it is written by a lawyer. They haven’t been there long enough to establish legal possession.
Hey thanks for the info guys.I will make sure to follow up on this a.s.a.p.
In Massachusetts, continuous use for over 365 consecutive days will allow someone to claim legal “right-of-way”.