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Amateur Night
Citizen
Username: Deborahg
Post Number: 1821
Registered: 5-2001
| | Posted on Sunday, April 16, 2006 - 5:59 pm: | 
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Maybe this should be in please help, but it's in the nature of a vent so....
One of my neighbors has been slowly adding plantings right on the border of his property. These are now pretty clearly starting to bleed over into my area. (I had a survey done when I moved in, and the stakes are still there.) The plantings are quite pretty and we haven't been using the extra space, but I am considering fencing my yard at some point and I would either have to sacrifice a foot of my yard or ask him to move a bunch of stuff. There is a natural "line" with a huge tree in the middle -- the tree is actually half on each of our properties, but he is slowly surrounding it with plantings. How have others handled this? He's not a bad guy, but I just looked out my window and saw a bunch of raw dirt on my side of the line as well as two large, new shrubs that are at least two-thirds over the border. |
Hoops
Citizen
Username: Hoops
Post Number: 1107
Registered: 10-2004
| | Posted on Sunday, April 16, 2006 - 6:06 pm: |
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Just go and talk over your concerns with him. Ask him to respect your property line and then invite him over for a meal. |
Case
Citizen
Username: Case
Post Number: 1365
Registered: 2-2005
| | Posted on Sunday, April 16, 2006 - 6:50 pm: |
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Agreed. You might be surprised to learn that he doesn't realize he's encroaching (though from your description of the stakes, etc... well, let's assume the best at this point!).
I think it can be resolved with a simple conversation. |
Dogbert
Citizen
Username: Dogbert
Post Number: 75
Registered: 1-2006
| | Posted on Sunday, April 16, 2006 - 7:03 pm: |
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I've been on the other end of this myself. Our house is right next to the property line and there had always been some plantings on the side, but a gardener (without our instructions) expanded the beds one day clearly over the property line.
The neighbors came to talk to us. They obviously felt bad about it and so did we, but I'm glad they brought it to my attention. In the end we agreed that it made sense to leave things as they were, since the neighbors weren't really using that part of the yard. But if they wanted to change things we're ready to cooperate. |
Tom Reingold
Supporter
Username: Noglider
Post Number: 13681
Registered: 1-2003
| | Posted on Sunday, April 16, 2006 - 9:00 pm: |
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This happened to us, and we solved it amicably. For one thing, the neighbor's intentions were pure. He has to look at this side of our house more than we do, and it was bare. He planted grass seed where it was just bare. He didn't know my wife was just about to plant vegetables and herbs there. So she said, "when you want to plant something here, would you please check with me first?" Then he said he did it only because he thought we had no plans, and all was well.
I recommend saying the same thing my wife said. This way you don't have to say, "the line is here, and you better stay on your side." Instead, your request could remind him where the line is, without you having to sound like a little kid in the back seat of the car.
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Mayor McCheese
Supporter
Username: Mayor_mccheese
Post Number: 1160
Registered: 7-2004
| | Posted on Monday, April 17, 2006 - 1:55 am: |
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Just be nice about it and I'm sure they won't care. If you aren't looking to put up a fence immediately, and the stuff looks nice just tell them that it's fine if they leave it there for now. But, they may want to think about moving the stuff soon because of your planned fence. That way you let them know that they have time to move the stuff and there is no rush, that you aren’t mad at them, and then you can both be happy.
Or, if you don't like them, just put up the fence right through the middle of their plants. Don't rip them up yet. Wait until they see that they have been cut off from their plants. This will get them mad and give you time to enjoy your work. Then, after a few days or so, you can rip the plants out of the ground and hang them on the fence as a warning just like decapitated heads were once placed on poles. I would not recommend this option if you wish to remain even slightly friendly with them though.
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Bob K
Supporter
Username: Bobk
Post Number: 11223
Registered: 5-2001
| | Posted on Monday, April 17, 2006 - 3:39 am: |
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Is he actually planting across the line or is it just the foliage that is growing onto your property? One way or another I would discuss your fence plans with the neighbor in as non-confrontational manner as possible. |
Soda
Supporter
Username: Soda
Post Number: 3754
Registered: 5-2001
| | Posted on Monday, April 17, 2006 - 7:44 am: |
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...Or, you could just dig up the encroaching flora in the middle of the night and chuck it onto his lawn...
I can't believe you felt it necessary to ask this bunch of clowns for input on what oughta be a common sense neighbor-to-neighbor communication.
-s.
BTW: Have we really become so isolated behind our computers that the first way we think of to talk civilly with each other (not that I do that much myself either, but I'm just sayin'...) is through IM's, PL's, Texting, and message boards? This is not what neighborhoods are s'posed to be about, is it??? |
Tom Reingold
Supporter
Username: Noglider
Post Number: 13686
Registered: 1-2003
| | Posted on Monday, April 17, 2006 - 8:49 am: |
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Common sense is an oxymoron. Whenever I hear someone say "just use common sense" it sounds to me like, "just think the way I do."
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Dave
Supporter
Username: Dave
Post Number: 9233
Registered: 4-1997
| | Posted on Monday, April 17, 2006 - 11:11 am: |
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Here's some sage advice
http://www.southorangevillage.com/cgi-bin/show.cgi?tpc=3135&post=584991#POST5849 91
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Tom Reingold
Supporter
Username: Noglider
Post Number: 13691
Registered: 1-2003
| | Posted on Monday, April 17, 2006 - 11:17 am: |
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Dave, I can't look at dog schit and discern the identity or address of the owner of the dog. Talking with the neighbor or the health department is likely to be fruitless. Dogs don't usually soil their own territory, and most don't do it next to their own territories either. And a typical dog walk is at least a quarter mile. This problem is harder to solve than you seem to think.
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Bob K
Supporter
Username: Bobk
Post Number: 11232
Registered: 5-2001
| | Posted on Monday, April 17, 2006 - 11:27 am: |
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Tom, the only answer is DNA testing. |
Wendyn
Supporter
Username: Wendyn
Post Number: 2951
Registered: 9-2002
| | Posted on Monday, April 17, 2006 - 11:56 am: |
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Start a discussion about the fence. "Hey neighbor, I was thinking about putting up a fence, you know, to keep my crazy kids in the yard. I was thinking of putting it up here, but I don't want to mess up your nice new plantings. What do you think?" |
Tom Reingold
Supporter
Username: Noglider
Post Number: 13697
Registered: 1-2003
| | Posted on Monday, April 17, 2006 - 12:13 pm: |
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Oops, my most recent post belonged in another thread.
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Dave
Supporter
Username: Dave
Post Number: 9234
Registered: 4-1997
| | Posted on Monday, April 17, 2006 - 12:29 pm: |
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I cross-read it. |
Glock 17
Citizen
Username: Glock17
Post Number: 647
Registered: 7-2005
| | Posted on Monday, April 17, 2006 - 12:29 pm: |
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I agree with Soda. |
Amateur Night
Citizen
Username: Deborahg
Post Number: 1826
Registered: 5-2001
| | Posted on Monday, April 17, 2006 - 12:52 pm: |
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Soda, et al,
This was really more in the nature of a vent, as per my first post. At any rate, thanks to all for their input. I've decided to kill his cat and leave the head in his bed. I will let you know how it goes. |
las
Citizen
Username: Las
Post Number: 1599
Registered: 10-2003
| | Posted on Monday, April 17, 2006 - 12:58 pm: |
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So long as you've got everything under control, dear.
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Wendyn
Supporter
Username: Wendyn
Post Number: 2956
Registered: 9-2002
| | Posted on Monday, April 17, 2006 - 1:39 pm: |
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lah
Citizen
Username: Lah
Post Number: 410
Registered: 5-2001
| | Posted on Monday, April 17, 2006 - 2:10 pm: |
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If you're only going to use the cat's head, can I have the body? (I too have a problem and think that this might be a good solution). Thanks! |
KRNL
Citizen
Username: Krnl
Post Number: 50
Registered: 9-2005
| | Posted on Monday, April 17, 2006 - 2:40 pm: |
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Talk to the neighbor, tell them you are considering a fence and are worried they might be planting too close to the line. Then compare surveys.
In checking our survey against a neighbor's we discovered that although the distances from buildings were consistent, some of the other reference points were not. For example, a tree that straddles the line was on the inside of the lot on both of our surveys. The explanation from the surveyor--that stuff is not important and seemed to be there just to make the survey look pretty!! Of course, those stakes had long been removed by same neighbor.
So, your neighbor might be think he is planting on his propery. Better to straighten it out now while your stakes are still there. |
catmanjac
Citizen
Username: Catmanjac
Post Number: 136
Registered: 2-2004
| | Posted on Monday, April 17, 2006 - 3:03 pm: |
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CageyD
Citizen
Username: Cageyd
Post Number: 677
Registered: 6-2003
| | Posted on Monday, April 17, 2006 - 7:36 pm: |
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Definately be polite and all but bear in mind the rules of "adverse possession". Basically, if someone uses your property long enough - in any way for a period of time, and you do not stop them the property becomes theirs. No joke. So be polite but make sure they move their plantings off your property. |
Sherlock
Citizen
Username: Sherlock
Post Number: 61
Registered: 5-2005
| | Posted on Monday, April 17, 2006 - 7:59 pm: |
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fyi the time that they would have to use it before it becomes legally theirs is 99 years. |
TomR
Citizen
Username: Tomr
Post Number: 1058
Registered: 6-2001
| | Posted on Monday, April 17, 2006 - 8:19 pm: |
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I just love the legal wisdom dispensed here on MOL
TomR |
MichaelaM
Citizen
Username: Mayquene
Post Number: 156
Registered: 1-2004
| | Posted on Monday, April 17, 2006 - 10:04 pm: |
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Have the girl scouts found a new pastime? |
Tom Reingold
Supporter
Username: Noglider
Post Number: 13725
Registered: 1-2003
| | Posted on Tuesday, April 18, 2006 - 7:21 am: |
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TomR, if you know the truth about adverse possession, please share it rather than ridiculing people.
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Case
Citizen
Username: Case
Post Number: 1373
Registered: 2-2005
| | Posted on Tuesday, April 18, 2006 - 7:38 am: |
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Here we go, according to an impeccable source... oh wait, no, it's from the Internet:
New Jersey: In New Jersey, the duration of such possession is sixty (60) years for uncultivated land and thirty (30) years for other real estate. New Jersey Code §2A-14-30.
http://www.houselist.com/forms/que/advposs.htm
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Arnomation
Citizen
Username: Arnomation
Post Number: 525
Registered: 7-2003
| | Posted on Tuesday, April 18, 2006 - 8:32 am: |
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What's with all this Plant Hating in Maplewood??? |
Alleygater
Citizen
Username: Alleygater
Post Number: 1766
Registered: 10-2004
| | Posted on Tuesday, April 18, 2006 - 5:02 pm: |
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Our neighbor one day put in a fence and took down EVERY TREE that separated our yard from theirs (it was a natural fence). The tree trunks DEFINITELY spanned both yards and many of the trees were mature, beautiful flowering trees. Our home is a newer home and there are almost NO mature trees on our property at all so the effect of the loss was HUGE. Rather than seeing a gorgeous lilac tree we get to see an ugly fence, and their ugly backyard. They never spoke to us to discuss their putting in the fence and they never discussed with us taking down the trees.
We actually sorta like these neighbors so we didn't complain but man we were pissed. To make matters worse, these trees roots run all through our back yard and while they ripped out the trees, they left us with the UGLY ripped up yard and tons of dead roots to deal with for years to come. They didn't kill our one lonely lilac bush we planted mere months before they ripped out the trees, which would have pissed me off even more, but now to be honest, the little guy is PRESSED UP AGAINST the fence and lonely/sad looking by itself dwarfed by a wall of wood.
Very frustrating. |
catmanjac
Citizen
Username: Catmanjac
Post Number: 137
Registered: 2-2004
| | Posted on Tuesday, April 18, 2006 - 7:19 pm: |
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TomR
Citizen
Username: Tomr
Post Number: 1060
Registered: 6-2001
| | Posted on Tuesday, April 18, 2006 - 10:24 pm: |
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Noglider,
I ridicule nobody in this thread.
I do ridicule the legal advice dispensed by those who are misinformed.
The advice could put somebody in a very precarious position; or pointlessly piss off a neighbor.
TomR |
Rastro
Citizen
Username: Rastro
Post Number: 2914
Registered: 5-2004
| | Posted on Tuesday, April 18, 2006 - 11:42 pm: |
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TomR, so clear it up, rather than taunting.
As for the neighbor, I have one word...
Claymore. |
TomR
Citizen
Username: Tomr
Post Number: 1061
Registered: 6-2001
| | Posted on Wednesday, April 19, 2006 - 11:47 pm: |
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Rastro,
First I'm accused of ridiculing other posters; now I'm taunting.
I do neither.
I am not qualified to offer legal advice here, and will not do so.
Case offered a link to the New Jersey Statutes. Read the link, if you will. Don't, if it so pleases you.
I stand by my position that the misinformed dispensing legal advice serves nobody well; and may well do somebody harm.
Sorry if I have annoyed anybody with my earlier comments. They were not intended to ridicule, or taunt, anybody. Merely intended to put prople on notice that the information was erroneous and/or incomplete.
Fare well, do good.
TomR |
bets
Supporter
Username: Bets
Post Number: 22955
Registered: 6-2001
| | Posted on Wednesday, April 19, 2006 - 11:55 pm: |
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You've done good here, TomR. Thank you. |
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