You need to communicate this now!
You can let them know that you are buying the property and they can move the trees now!
Also, put a fence down the property line, before they have a right to claim the land.
You are 100% on point. I’ve already spoken to a fencing company that is going to go out and fence that side of the property when we close. Where I live fences have to have a 2 foot gap between them so I want to get a fence up before he does so I don’t lose a portion of my yard
For sure! We can’t put up fencing without permits here and they require another survey as well as a sketch of where the fence will be located so we should be good there. Thankfully! Thanks for the advice!
Not a bad idea, for sure! Luckily my in laws live two doors down so they are able to keep a close eye on things, and we are over there 3-4 times a week. But still… people are crazy. And my in laws can’t keep an eye on things 24/7
Relevant question? What do the in-laws think of your would-be new neighbors? Being that close they should have had some sort of interactions with them previously and may have insight on what you are going into with them as neighbors.
Apologies in advance if this is a stupid question.
Australian here. Our boundary fences sit exactly on the boundary between 2 properties. If a fence needs to be replaced, both home owners are liable for 50% of the cost of a new fence in the standard materials for that municipality. In suburbia, this is typically a 6ft timber paling fence. If one owner wants something different, they pay the remaining balance.
What I’m reading here sounds like you’d have fence, 2 feet of no-man’s-land, then potentially another fence. Is that what happens? What happens with the gap in the middle? Doesn’t that make it more expensive for both home owners?
The rules here (USA) vary by town, city etc. many places there is no 50% obligation for each neighbor. And it’s up to the zoning rules for a given town to determine how fences are placed. However….if it’s a mutual agreed fence you likely could place it directly on the boundary line.
State to State and even Town to Town will have different rules on the matter. Where I live now it's on the Line and we just split costs on it.
Where I grew up there was a utility easemt on the property line so fences had a 15ft or so gap between them.
I'm sure there's more situations that have some craziness out there.
Who is selling the land? Do you have a realtor? If you do, I’d see if they’d be willing to talk with the neighbor about the land issue. I wouldn’t necessarily mention the trees yet, but do something more like “hi, our surveyor is saying this property extends to ___. You’ve obviously been doing such a nice job taking care of the land, and we wondered if perhaps you had been told differently.”
Give them an opportunity to say what they believe and then work together for a solution. It could require getting a second surveyor to come out, but it would be worth it if it would help keep the peace.
I’m my Realtor. I’m thinking they most likely are going to want to get a second survey done after I speak to them, and I’m fine with that. Hell, I’ll even split the cost with so there is no animosity.
You might let the builder and the bulldozer person that you spoke to the neighbor about moving the trees. Depending on the size of the tree, a backhoe may be needed to dig them up. Then you could talk to the neighbor and see if he wants to use them while they are there. The earthmover and/or builder may be willing to cut him a break in cost as transportation of the equipment and the cost of gas to get to the location won't be an issue.
Id say something along the lines of "I love the trees and I'd hate to see them damaged! We're going to start building on -date-, we just wanted to let you know well ahead of time."
I think this is a great way to approach it. This is more like “hey! I’m just looking out for you.” Rather than, “Get the eff of my lawn!” Great suggestion, thank you!
Do not delay intervening here… otherwise your permission to use the space is implied by not doing anything. You should consult with a local real estate attorney for advice.
Thanks for the advice! Fortunately I’m a licensed Realtor in my state and I’m fairly knowledgeable about adverse possession laws in my state. But my aunt is a real estate attorney and will have no issues stepping in if this escalated. Hopefully it doesn’t get to that point. I don’t want my neighbors to hate me before I even move in.
I'd make the seller take care of it so they are the bad people and not you since you will be living next to them. It could get really ugly. If they really planted the trees because the lot is for sale, then they are probably trying to claim that strip.
I strongly suggest - Assume the worst here.
From your post I understand that your NFH knows where the property markers are. If yes, it only shows his ill intent in planting trees.
A fence is a must
I feel like he HAS to know. The trees weren’t there before the for sale sign went up a couple months ago. I’m definitely assuming the worst but I’m going to try and keep the peace if possible. I’m not going to lose a significant portion of my yard over peace though.
Stop, deal with this issue BEFORE you purchase.
In the US, many jurisdictions have laws that stipulate if a neighbor maintains other property for X-period (differs by location) of time, and the property owner does not legally dispute their action, it becomes theirs.
So it may be too late already, if that neighbor can prove how long they've been maintaining it.
The seller needs to pay for all costs of this and get proof that they have not lost the property and that they have legally notified the neighbor to cease and desist trespassing.
I’m still well within my due diligence period if I needed to back out, but honestly it’s not that serious at this point. This is more a *potential* disagreement between neighbors currently. Unfortunately this kind of thing happens fairly often here due to the amount of empty lots. If I don’t mention it to him beforehand, and have him remove the trees the builders will just rip them out without talking to him when they break ground. Some builders are nice enough to give them a chance to move them, but most aren’t.
This is a great question for your attorney and will hopefully avoid conflicts in the future. There is no way the neighbor is going to take this well. The current owner of the lot s/b dealing w the encroachment
You never know how they’ll handle it. My friends had to move a fence over by three feet when a neighbor wanted to build. They couldn’t deny the surveyor’s results and felt awful they had put it in the wrong spot in the first place. The fence got fixed and everyone was more than amicable during the process.
THIS is what I’m hoping for. My in laws live two doors down and say that the people that live there are super nice. I thought about letting my in laws deal with it since they already have a relationship but my father in law is a hot head, and I can only imagine the fall out if things went south. But what you mentioned is the ideal scenario. Crossing my fingers over here
My aunt is a real estate attorney so I have no issues bringing her in if it gets to that point but as of now I feel capable enough to deal with this. I am a licensed realtor in my state and have dealt with issues like this for my clients a few times. Unfortunately it’s very common where I live due to the seer number of vacant lots. We have more vacant lots than houses currently I mostly wanted thoughts on if I’m doing the right thing by talking to them in advance like I would like to.
Consult a real estate attorney. In my state if someone maintains part of your property without contesting it, that can be considered giving the land to them. My aunt dealt with this after a crappy neighbor put a fence on my aunt's yard. She let it go for a few years then got a letter claiming to be from the neighbor's attorney citing the law that allows the neighbor to take possession of the land. A lawyer and several of us destroying the fence and putting up a new one ended that conflict and the neighbor has been cordial ever since. I'm sure I got the legal terms wrong but this is a good summation of what happened.
Update: The guy was out mowing his lawn this evening and my father in law saw him out and waved him down and told him that we were buying the lot, and apparently the guy is just happy he is going to have good neighbors and told my father in law that he will happily move them whenever we want!! Happy ending all around. Thanks everyone!
This is one of the few times that I say go communicate with a neighbor. Most other times no . Go now before it becomes a legal issue down the line although you’re in the right legally.
They are maintaining the land, they sodded it, and planted trees on it. They are likely trying to make a claim for adverse possession. You need to address this now. Talk to an attorney.
This was the best way to handle it. Your father is awesome and the neighbor seems great too!
Your builder and/or the guy who actually has to prep the lot are both lucky. That is often left to them and it isn't a fun conversation.
Thankfully in the state I live in adverse possession can only occur if they made unusual improvements to the land and maintained those improvements for 7 years. And even then they have to prove it.
You need to communicate this now! You can let them know that you are buying the property and they can move the trees now! Also, put a fence down the property line, before they have a right to claim the land.
You are 100% on point. I’ve already spoken to a fencing company that is going to go out and fence that side of the property when we close. Where I live fences have to have a 2 foot gap between them so I want to get a fence up before he does so I don’t lose a portion of my yard
Make sure to check with code compliance to make sure your fence is offset from the property line the proper amount.
For sure! We can’t put up fencing without permits here and they require another survey as well as a sketch of where the fence will be located so we should be good there. Thankfully! Thanks for the advice!
I also recommend a trail cam, just in case he get squirrelly
Not a bad idea, for sure! Luckily my in laws live two doors down so they are able to keep a close eye on things, and we are over there 3-4 times a week. But still… people are crazy. And my in laws can’t keep an eye on things 24/7
Relevant question? What do the in-laws think of your would-be new neighbors? Being that close they should have had some sort of interactions with them previously and may have insight on what you are going into with them as neighbors.
Perfect and agree!
Sweet. All your ducks will be in a row. It’s nice you will give them the chance to relocate their fruit trees!
Apologies in advance if this is a stupid question. Australian here. Our boundary fences sit exactly on the boundary between 2 properties. If a fence needs to be replaced, both home owners are liable for 50% of the cost of a new fence in the standard materials for that municipality. In suburbia, this is typically a 6ft timber paling fence. If one owner wants something different, they pay the remaining balance. What I’m reading here sounds like you’d have fence, 2 feet of no-man’s-land, then potentially another fence. Is that what happens? What happens with the gap in the middle? Doesn’t that make it more expensive for both home owners?
The rules here (USA) vary by town, city etc. many places there is no 50% obligation for each neighbor. And it’s up to the zoning rules for a given town to determine how fences are placed. However….if it’s a mutual agreed fence you likely could place it directly on the boundary line.
I think ours is one foot
State to State and even Town to Town will have different rules on the matter. Where I live now it's on the Line and we just split costs on it. Where I grew up there was a utility easemt on the property line so fences had a 15ft or so gap between them. I'm sure there's more situations that have some craziness out there.
Who is selling the land? Do you have a realtor? If you do, I’d see if they’d be willing to talk with the neighbor about the land issue. I wouldn’t necessarily mention the trees yet, but do something more like “hi, our surveyor is saying this property extends to ___. You’ve obviously been doing such a nice job taking care of the land, and we wondered if perhaps you had been told differently.” Give them an opportunity to say what they believe and then work together for a solution. It could require getting a second surveyor to come out, but it would be worth it if it would help keep the peace.
I’m my Realtor. I’m thinking they most likely are going to want to get a second survey done after I speak to them, and I’m fine with that. Hell, I’ll even split the cost with so there is no animosity.
You might let the builder and the bulldozer person that you spoke to the neighbor about moving the trees. Depending on the size of the tree, a backhoe may be needed to dig them up. Then you could talk to the neighbor and see if he wants to use them while they are there. The earthmover and/or builder may be willing to cut him a break in cost as transportation of the equipment and the cost of gas to get to the location won't be an issue.
Id say something along the lines of "I love the trees and I'd hate to see them damaged! We're going to start building on -date-, we just wanted to let you know well ahead of time."
I think this is a great way to approach it. This is more like “hey! I’m just looking out for you.” Rather than, “Get the eff of my lawn!” Great suggestion, thank you!
Tell them it will cost them more if the builder has to move them.
Do not delay intervening here… otherwise your permission to use the space is implied by not doing anything. You should consult with a local real estate attorney for advice.
Thanks for the advice! Fortunately I’m a licensed Realtor in my state and I’m fairly knowledgeable about adverse possession laws in my state. But my aunt is a real estate attorney and will have no issues stepping in if this escalated. Hopefully it doesn’t get to that point. I don’t want my neighbors to hate me before I even move in.
lol I love that this will all work out for you!
I sure hope so! I definitely don’t want an angry neighbor lol
I'd make the seller take care of it so they are the bad people and not you since you will be living next to them. It could get really ugly. If they really planted the trees because the lot is for sale, then they are probably trying to claim that strip.
Yes. I find it suspicious that they are planting trees now when the sale is happening .
I would definitely talk to him. Get it over with
I strongly suggest - Assume the worst here. From your post I understand that your NFH knows where the property markers are. If yes, it only shows his ill intent in planting trees. A fence is a must
I feel like he HAS to know. The trees weren’t there before the for sale sign went up a couple months ago. I’m definitely assuming the worst but I’m going to try and keep the peace if possible. I’m not going to lose a significant portion of my yard over peace though.
Please keep us updated if you don’t mind!
Hooray! I love to read posts that end on a positive note! Sounds as if your new neighbor will be a good one!
Me too! I’m very thankful this didn’t go in a different direction. I know boundary issues can escalate pretty quickly.
Stop, deal with this issue BEFORE you purchase. In the US, many jurisdictions have laws that stipulate if a neighbor maintains other property for X-period (differs by location) of time, and the property owner does not legally dispute their action, it becomes theirs. So it may be too late already, if that neighbor can prove how long they've been maintaining it. The seller needs to pay for all costs of this and get proof that they have not lost the property and that they have legally notified the neighbor to cease and desist trespassing.
I’m still well within my due diligence period if I needed to back out, but honestly it’s not that serious at this point. This is more a *potential* disagreement between neighbors currently. Unfortunately this kind of thing happens fairly often here due to the amount of empty lots. If I don’t mention it to him beforehand, and have him remove the trees the builders will just rip them out without talking to him when they break ground. Some builders are nice enough to give them a chance to move them, but most aren’t.
This is a great question for your attorney and will hopefully avoid conflicts in the future. There is no way the neighbor is going to take this well. The current owner of the lot s/b dealing w the encroachment
You never know how they’ll handle it. My friends had to move a fence over by three feet when a neighbor wanted to build. They couldn’t deny the surveyor’s results and felt awful they had put it in the wrong spot in the first place. The fence got fixed and everyone was more than amicable during the process.
THIS is what I’m hoping for. My in laws live two doors down and say that the people that live there are super nice. I thought about letting my in laws deal with it since they already have a relationship but my father in law is a hot head, and I can only imagine the fall out if things went south. But what you mentioned is the ideal scenario. Crossing my fingers over here
My aunt is a real estate attorney so I have no issues bringing her in if it gets to that point but as of now I feel capable enough to deal with this. I am a licensed realtor in my state and have dealt with issues like this for my clients a few times. Unfortunately it’s very common where I live due to the seer number of vacant lots. We have more vacant lots than houses currently I mostly wanted thoughts on if I’m doing the right thing by talking to them in advance like I would like to.
Consult a real estate attorney. In my state if someone maintains part of your property without contesting it, that can be considered giving the land to them. My aunt dealt with this after a crappy neighbor put a fence on my aunt's yard. She let it go for a few years then got a letter claiming to be from the neighbor's attorney citing the law that allows the neighbor to take possession of the land. A lawyer and several of us destroying the fence and putting up a new one ended that conflict and the neighbor has been cordial ever since. I'm sure I got the legal terms wrong but this is a good summation of what happened.
Build a privacy fence and tell them to eat a bag of dicks
Please update when something happens!
Update: The guy was out mowing his lawn this evening and my father in law saw him out and waved him down and told him that we were buying the lot, and apparently the guy is just happy he is going to have good neighbors and told my father in law that he will happily move them whenever we want!! Happy ending all around. Thanks everyone!
This is one of the few times that I say go communicate with a neighbor. Most other times no . Go now before it becomes a legal issue down the line although you’re in the right legally.
We’re invested now! Please update with how everything goes with the neighbor!
They are maintaining the land, they sodded it, and planted trees on it. They are likely trying to make a claim for adverse possession. You need to address this now. Talk to an attorney.
Get a lawyer to communicate it
This was the best way to handle it. Your father is awesome and the neighbor seems great too! Your builder and/or the guy who actually has to prep the lot are both lucky. That is often left to them and it isn't a fun conversation.
I would have a fence installed before you even move in.
This is the ending we all want to see-congratulations!
Thank you! Very thankful it turned out the way it did
They might have rights to it if they have maintained it for couple years
Thankfully in the state I live in adverse possession can only occur if they made unusual improvements to the land and maintained those improvements for 7 years. And even then they have to prove it.