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Property Boundaries & Perceived Acceptance Of

Having a dispute with a tenant or landlord? Rental Law discussion

Property Boundaries & Perceived Acceptance Of

Postby criostoir » Thu Nov 24, 2016 4:37 pm

A tree falls on a neighbors property and the neighbor believes the tree is on your property. There are no markers. I have plot plans, but to complicate matters the previous owner of my house put a shed that is still standing partially on his property behind the tree in a back corner area. The area where the shed and behind the tree I have maintained, i.e cut grass even though it's his. To further complicate it and the reasoning was there is a drainage easement which runs through his property on his side of the tree, so I believe that he feels that is the property line. The previous owner and I had a verbal agreement that since he'd have to cross the ditch to get to my side I'd just cut it when I cut mine. I believe I informed the current owner(2yrs) of this, but I wouldn't swear to it. I have been in my house almost 15 yrs. The shed was there 3-5 yrs before I moved in.

Could I have any liabilty 1. For his damaged property?

2. Cost of removing the tree?

3. Or should I be a good neighbor and offer to share a small portion of the removal cost? 4. quickly hire a surveyor to mark the lines?
criostoir
 
Posts: 44
Joined: Sat Oct 06, 2012 6:20 am

Property Boundaries & Perceived Acceptance Of

Postby Joed » Sat Nov 26, 2016 6:48 pm

A tree falls on a neighbors property and the neighbor believes the tree is on your property. There are no markers. I have plot plans, but to complicate matters the previous owner of my house put a shed that is still standing partially on his property behind the tree in a back corner area. The area where the shed and behind the tree I have maintained, i.e cut grass even though it's his. To further complicate it and the reasoning was there is a drainage easement which runs through his property on his side of the tree, so I believe that he feels that is the property line. The previous owner and I had a verbal agreement that since he'd have to cross the ditch to get to my side I'd just cut it when I cut mine. I believe I informed the current owner(2yrs) of this, but I wouldn't swear to it. I have been in my house almost 15 yrs. The shed was there 3-5 yrs before I moved in.

Could I have any liabilty 1. For his damaged property?

2. Cost of removing the tree?

3. Or should I be a good neighbor and offer to share a small portion of the removal cost? 4. quickly hire a surveyor to mark the lines?
Joed
 
Posts: 44
Joined: Sun Jan 12, 2014 8:06 am

Property Boundaries & Perceived Acceptance Of

Postby Uriel » Thu Dec 01, 2016 8:49 am

JL

ALWAYS know what you own.  If the property lines are

not clear in your deed, yes, hire an expert to get it

specified.

#--the law is fairly clear on natural things; any thing

that is GOD directed that harms the neighbors, is not

your concern.  [and normally cannot be insured against]

IF u have had agreements with prior owners on maintenance

and the new guy is not privvy to this, come to a WRITTEN

agreement.  Why?  CAuse all of real estate is dealt with

under the legal field of STATUTE OF FRAUDS.  IF you want

a Real estate thing to be LEGALLY protected, it must be

in writing.

[a verbal agreement to buy or sell RE is legal, but it

is not ENFORCEABLE in a court]

Volunteer nothing to the neighbor.

OFFER nothing for free--to/for anyone.  IT was a good idea 25=50 yrs ago, not now!  [if he suggests he do one thing

and u another, fine.  BUT do not offer to cut a lawn

of his for free for any reason! [even one foot]

hope that helps.  
Uriel
 
Posts: 50
Joined: Thu Feb 20, 2014 4:36 pm


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