We live in the country on almost three acres. When we bought our home did not get a new survey but were given an older survey, which I realize now might have been a mistake. Anyway we have had no problem until our neighbor on the left took down most of their trees. We are not really that close but could see their house, so we planted three small trees just inside our property line. Yesterday I saw that the neighbor had ripped them all out without saying a word to us. We have always tried to be good neighbors, got their mail when away, let them use our phone when they had a problem, etc. etc. so I feel hurt and angry. Do you think I should have a new survey made and mail them a copy or what? Thanks for your adivce.
Talk to them. Ask why they removed them. Talking should always be the first step in trying to settle something.
I agree that you should talk to them, but not accuse..... It would certainly be a good idea to have a survey done. The pins have a way of just moving themselves
We are residential lot developers and know first hand that there are often encroachments on the lots. They have ranged from sheds to driveways to swimming pools. You really need to have an accurate survey. Then mark the pins with flags and spray paint and check them periodically. Perhaps your neighbor has no idea of his/her boundaries.
A survey is very important and I am now recommending all my buyers have it done, whether it is a cash sale or mortgage.
There are more and more problems from bad surveys these days. There is a real doosey going on in our area right now. Seems 2 houses are sharing the same lot according to the county tax map!
Never buy a "lot and block" (i.e. Block 1 ,lot 30)or metes and bound property ( i.e.go 123' east to NW corner) without a survey. No I am not talking about a condo, however a townhouse may apply.
Get a survey immediately, so you know where your property lines are for sure. 3 acres will be costly.
I wouldn't approach the neighbor until then, so you know what is what.This message has been edited. Last edited by: real estate lady,
Avas GM, Well, first of all, welcome to the real estate boards where you are bound to find any number of differing opinions but the common ground is that all of us are hoping that you will be able to resolve your issue without problems.
Myself, after having read through your post? Sounds like you live out in the country, your adjoining neighbor took down your existing trees and THEN the ones you planted to replace them.
Obviously, there is a problem here but, rather than ordering a survey immediately (that you would have to pay for in its entirety), here is another idea that might work better. Call your neighbor and ask to talk ~ maybe meet at the adjoining point of both properties. Ask him why he cut down the first row of trees and then the second one? Keep mouth shut and let him talk....
I know, it's difficult to do when you are upset BUT you might be surprised at his explanation and then you will have the upper hand to deal with the situation if need be. Chances are that the two of you will be able to settle it amongst yourselves once everyone understands why everyone has been acting the way they have.
In any event, yes, do get a new survey - hopefully in concert with your neighbor. That way you will only have to pay half the cost and the two of you will be more than half way toward a solution instead of going off half-baked and angry without trying to find out exactly what and where your neighbor is coming from....
Good luck ~ a little talk goes a long way ~ saving both emotional/stressful/expensive remedies. Give it a try and post back.
If the discussion fails to produce any satisfaction for you, and if the survey shows that the trees you had (plus the ones you planted) were truly inside your property line, the next step would be to tell the neighbor that you expect him/her to replace the trees.
Thanks for all your suggestions, I think it is too late to talk to them since they acted without speaking to us after almost six years of friendship. The trees they originally took down were on their property not ours, we were only trying to create a little boundary between our properties.
Another friend and I walked out our property with the older survey and feel certain that the trees were on our property. In the meantime same neighbor mowed past where our trees were. I am almost certain they do not have a survey and feel that they are trying to make us believe that the property is theirs. If they had spoken to us we would have suggested that we have a survey done and share the cost but it is impossible now. So I feel we have no options than to get a new survey.
They also built a shed too close to our property line. We were aware of that after it was built because we had also wanted to build in shed in the same area on our property, but after checking with the town board were told that it must be 40 feet from property line so we did not build. Since we were neighbors and friends we never made an issue of it. But since they have no regard or respect for us my DH reported them to the town.
Thank you again for your suggestions.This message has been edited. Last edited by: Avas GM,
Well the next thing could be a fence put up, drilling a well or installing septic tank -- by your neighbors-- so don't be lax in ordering a survey asap.This message has been edited. Last edited by: real estate lady,
Good fences make good neighbors.
One of ours was mowing more than 5' over the property line. When she mowed off something I had planted...up went our fence!
"The soil is the source of life, creativity, culture and real independence." David Ben-Gurion
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