Legal surveys gone awry

[Tink]

MANY years ago when our little village was originally surveyed, they must have assigned the job to the village idiot. Recent surveys done with global positioning devices are proving the original ones to be "off" by about 25 feet to the north on average.

My childhood home is about 1/4 mile away, and I know when they recently did a new survey on it, the property lines were significantly different than we grew up believing them to be. Now a neighbor on the other side of us has had one done and his was wrong in the same direction. His lot line actually goes right through his house! Luckily he has a good relationship with the guy who's land his house is sitting on, so an amicable solution will be worked out.

We plan to get a legal survey done this summer for our own peace of mind and to stop a debate with one of the neighbors as to where the line between our places actually lies. IF our lot is off by the same amount as those nearby that we're aware of, it will put us about 25 feet closer to the argumentative neighbor than even WE thought we should be; and about 40 feet closer than THEY claim. Once we get the survey done, we plan to put up a good solid fence to end the lot line debate with them once and for all. In doing so, we would be taking possession of about half of their vegetable garden and raspberry patch. They would also have to move their childrens swing set, slide, etc. They have been really nasty about this issue with us, so it needs to be settled.

These are people who let their kids climb on our cars; pick our flowers; and drag our property home with them without ever bothering to bring it back. The Mother has admitted that she's walked into our house when we weren't home; the husband has pruned our shrubs without asking if we minded; and the man who lives with them has shouted at and poked the chest of my husband over this very issue. It's not like we want them to be able to come over at will. In fact, we plan to put a tall privacy fence on their side of our lot so we don't have to look at them or their mess.

So, in our position, what would you do?
We could legally claim their garden and such and forbid them from entering it to claim their produce all the while telling them "I told you so!"
We could give them time to claim their produce from this year but let them know they'll have to do it somewhere else next year, and wait to put up our fence until after they harvest, (which leaves us with their kids messing around over here all summer).

[DianaB]

Hmmmm........This is an interesting situation. I think that after I found out where the actual property line was (if it's in the middle of their garden) I would talk to them about the results, allow them to harvest their garden, but plan on putting up a fence in the fall. I know that they've been stinky to you but you don't want to cause any more friction than you have to. Keep your doors locked and keep all that you can in a shed so it doesn't get carried off. I would probably consult with a lawyer about it too. Is there such a thing as "squatter's rights"?

[Tink]

Diana, in Wisconsin it's called "adverse possession" and pertains to property that has been used without benefit of title for a period of 20 or more years. Since we only bought our property 2 yrs ago, and the neighbor involved has owned theirs less than a year, it's not an issue either of us can claim. It's one of the oddities I had to learn when taking my real estate sales classes.

Actually, since we're buying on a land contract and the title doesn't pass hands until the balance is paid, the woman we're buying from might be able to sue for adverse possession pertaining to our south yard which will shrink by the same amount as the north yard will grow by if our suspicions are right. I doubt she'd be willing to do it, but it might be legally feasible if she chose to do it, since the property has been in her family since I was a child. I imagine it might cause a conflict with the neighbor on that side of us though... which we really don't want.

So anyway... lol

As for keeping things in a shed, we had a bunch of flooring locked away in the garage and the neighbor had the nerve to ask if they could have it for their kitchen! The only way they'd have known we even had it is if they've also been in there snooping. Greg actually painted the windows in the garage to keep them from seeing anything else to beg for. These people have no common decency or sense.

What I'd ideally like to do is to buy their property and send them on their way... lol
Not that they're likely to part with it, but several of the neighbors would probably chip in to raise the cash if they would. Other than them, it's a peaceful community. Their antics and bad behavior have offended many. Our hope is that next time they're arrested for drug dealing a longer sentence will result in them having to sell.

[judy]

Oh...now it's not just annoying children and nosy neighbors! Maybe having everyone call the police when there's anything suspicious going on could force them to move.

This is a really strange situation because everyone has to shift their property.

[Tink]

Judy, the "man" of the house has been in jail for dealing meth and trying to kill his wife whilce under the influence. Considering how unpredictable that stuff makes one, no one wants to risk dealing with him because he simply can't be trusted not to just go off on someone.

Not to sound snotty, but I do think they're keeping themselves "clean "right now, because since their last arrest they've all packed on weight like crazy and while doing it they dropped it just as quickly.

I don't want to steal their food from them, but I do want an end to this nonsense as soon as possible.

[judy]

Tink,

Take a deep breath and leave it alone. If you give some people enough rope, they'll eventually hang themselves. I don't blame you for nor wanting to mess with them.

[Janet]

You sure have a lot of patience Tink. I can't believe she admitted coming into your home while you weren't there. How did this happen? By golly I would keep things locked up tight from now on.

Once the survey is done, I would tell them when they need to have everything harvested. If you don't set a deadline, it will drag on. Personally, I would set it at least a week earlier than the last thing is due to be harvested. If it looks like they are not taking care of the garden, put the fence up when you want.

I'd be a nervous wreck living by neighbors like that.