What would you do?

[Janet]

You know, I've been thinking about this for awhile. Except for the corn, most everything could be replanted, if done in the evening and watered good before going to bed. Why not tell them they have a certain amount of time to get it out and then put the fence up as soon as possible. Would that be feasible?

This is really a hard dilemma. I know as soon as the lines were drawn, I'd want the fence up so they couldn't mess with it. If you wait, you could end up having to do it all over again.

[Emmsmom]

As much grief as they have given you I think you should claim the land and tell them they have to move thier stuff I would let them get the vegatable this year but I would let them use the land to plant any crops again. Just make sure when you tell them about the property lines you aren't alone. Good luck

[Marilyn]

If you allow them on your property after you have had the survey done, I'd have them sign something relieving you of any liability in the event that they are hurt while on your property. Your kindness could back fire if they claim an injury and decide to sue. I'd also talk to my insurance agent to make sure your insurance would protect you, just in case.

[Willow]

I don't know what the laws are about this where you live, but here in Ohio, if someone has planted a garden even if the property didn't belong to them, according to state law they are allowed to reap their produce...harvest it whatever...unless the property owner pays them fair value for the harvest.

I would contact your local court house and ask them who you should speak with to find out if there are any laws regarding this. You should make sure that there isn't any legal legs for them to stand on if you fence it in.

We are having a similiar issue with our new neighbor, except that they are trying to claim OUR fence as theirs and are even saying THEY paid for and put the fence in (not true!).

[blowry]

Hi Tink! I just came up on this post so, I really don't know the whole story...But, why did they plant gardens on YOUR property? And...(I'm assuming) that this is a new property you bought?? and they planted there before you bought it? If they are nice people I would, very nicely tell them what you are doing and give them the chance to either ,move their plantings(that can be moved) or, that they come onto your property once a week (like someone here had mentioned) to tend to their garden with, full well knowing that YOU are not responsible for their garden or anything that happens to it..HOWEVER....if they are hateful neighbors...I would tell them what you are doing and that they need to move everything, that they can...off your property by a certain time or the plants will be destroyed....

Does that sound harsh?!!

[2tiredmom]

tink,

I just got in on this one on the tail end too. I use to work in the Auditors office here in Indiana and have moved down the the Recorders office. We have seen alot of problems like this. Normally the people with the garden have the right to
either move their plants or at least harvest them. But I'm not sure you have a good comunication with your neighbors. I would at least let them know you were putting up a fence and that part of their garden is on your property. But like I said. I don't know the whole story. I would contact your county's plan commission and see what they would have to say about who has the rights here.
They should know.

Your in my prayers.

[Tink]

Thanks ladies.
The surveyor promised to be here on Tuesday, so we'll soon know to what extent our issues with the garden go. I'd love to be able to just let them pick their stuff, get along decently, and not have to spend all this money on a survey and fence. We have about 3/4 acre, so you can imagine fencing it isn't going to be cheap!

The last survey we had done cost us $2,500, so this isn't something we do without good reason. We'll be the only ones in the village with a fence for any purpose other than to hold in livestock, which isn't a trend I really want to start.
Depending on how much the actual survey costs, we might end up just putting a fence up between their place and ours and enclosing a couple of kennels to keep the dogs contained in a different area. The other sides of the lot might have to wait til we can come up with more cash.