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You know it is your land and you know the fence was built x number of inches/feet inside that property line. You must let him know you know where the line is. And if you give him permission to use it, he cannot claim adverse possession.
You may lose the property unless you take steps to protect your interests. There may be a presumption that you have failed to exercise your right of ejectment within the statute of limitations and the hostile encroachment on your property will cause you to lose that portion of your property forever. You might be able to overcome this presumption by showing you gave written permission to the neighbor to use that portion of your land prior to the expiration of the statute of limitations.
Many city ordinances require a setback from the property line for installation of fences. You should take the necessary steps to prevent any acquisition of the strip by adverse possession.
- You should make certain to maintain that portion of the property by keeping it trimmed and free of debris. Your regular maintenance will prevent the neighbor from claiming it.
- You should make certain the boundary line is clearly indicated with some sort of marker at each corner. It is important to not simply allow the neighbor to use and maintain that strip of your land as though it is a continuation of his own property.
- If you think a problem may develop, you should invest in an hour with an attorney who specializes in property law who could advise on how to give proper notice of the property line and permission to use that strip if appropriate.
What else can I help you with?
When a person builds an improvement that extends onto the property of a neighbor it is called what?
It is called encroachment. Be sure you know the boundaries of your property before opening a discussion with your neighbor. If you decide to let the neighbor use this portion of the property, be sure to get it in writing you are allowing the use. Without a written document, signed by both parties and notarized, the neighbor could eventually claim the property through adverse possession. Read up on the real estate laws for your area.
Tree branch fell over neighbor's property Texas law?
It does not matter what state your in. No one is liable for an act of nature. Your neighbor is responsible for the portion on their property and you are responsible for the portion on your own property.
Who is responsible for tree removal if our neighbor's tree fell over from a wind storm but got hung up in our trees and is not on the ground?
Nobody is liable for an act of nature. You are responsible for the portion of the tree that fell on your property. Your neighbor is responsible for the portion of the tree on the neighbors property.
Tree is on neighbors property branches are on mine who owns the branches?
Legally, the branches of a tree that overhang onto your property still belong to the neighbor. You have the right to trim the branches that cross onto your property up to the property line, but you must ensure not to cause harm to the tree itself. It is best to try to discuss the situation with your neighbor and come to a mutual agreement.
Can you purchase only some of a homes property for example a neighbor has a much larger yard than they need and is willing to sell you a portion of it?
They need to subdivide the property first, then they can sell off the section they don't want.
Does a neighbors insurance have to pay you for fire damage to your property caused by your neighbor?
If your neighbor is liable through negligence for causing fire damage to your property you could file a claim on the liability portion of your neighbors insurance policy. If he caused the fire intentionally then his insurance company would not pay for damages as criminal acts are not covered.
Does homeowners insurance cover a window cracked by a rock thrown by your neighbor's lawnmower?
There is a coverage on most homeowners policies that is called "Pysical Damage to Property of Others". So, since you neighbor caused physical damage to your property, this would be the logical place to start. If this is not available, then the Liability coverage [portion of his policy would cover the damage.
What if a tree is of equally on the property line whose responsible?
You are responsible for the portion on your property and the other guy is responsible for the portion on their property.
What do you do if a neighbor's pine tree drops it's needles over your property rendering that portion of your property unuseable?
I would politely ask your neighbor to look into it, or ask them to clean it up. Or maybe you can yourself. If it's a large, living, growing pine tree just clean it up with a rake, leafblower, etc and just deal with it if your neighbors are not willing to accomodate you.
Our neighbor has encroached on our property and we would like to know how to price an easement to them?
you would need to get an appraisal on the piece or portion of land the subdivision has encroached upon any licensed appraisor can help you with this situation.
Can your neighbor drain water on your property?
Maybe, Maybe not. It depends on whether your neighbor is "legally liable" for your water damage. If the neighbor is not liable then they do not have to pay. If the neighbor is liable, it should be covered under the liability portion of your neighbors property insurance policy if he selected liability coverage when he purchased his policy.
If a neighbor's concrete slab in on my property can I cut it?
You are right in thinking that the problem needs to be solved, but you should avoid taking such direct action to solve the issue. In order to avoid problems with the neighbor and the law, contact the local government andor have the lot surveyed to determine the portion of the concrete is on land deeded to you.
