| Author |
 Topic Search  Topic Options
|
Scott B 
Orange Level
Joined: 14 Sep 2013
Location: Kansas City
Points: 1002
|
 Post Options
 Thanks(0)
 Quote  Reply
 Topic: Property Encroachment
Posted: 17 Nov 2021 at 5:06pm |
Just had 87 acres go up for auction in 4 separate tracts. Year or so back a lady bought a 1/2 acre on the corner of our road and the county hwy that adjoins one of the tracts. Set up her bumper pull camper, couple sheds she lives in and hoarding away! It looks terrible and with no running water or septic to boot. Surveyors just finished up and good 90% of her property is on one of the tracts being sold. I was interested in the tract but, being neighborly and avoid a bidding war, was waiting for another neighbor to make his decision as it adjoins his property. Called the auction company to see what was being done about the encroachment. Said they plan to "work with the new owner to address next step". Asked if they shouldn't go ahead and disclose this now to all Bidders but they claim it's too late. I've decided to stand down seeing this as a no win situation....property taxes and a mess if she stays; bad guy neighbor if I force her to incur expense of moving everything back. Here's a pic showing the boundary marker. The property line angles up and to the left from the marker.
|
|
D17 Series 1
Allis B- 1939
Allis B- 1945
|
 |
|
Sponsored Links
|
|
|
DiyDave
Orange Level Access
Joined: 11 Sep 2009
Location: Gambrills, MD
Points: 50529
|
Post Options
Thanks(0)
Quote Reply
Posted: 17 Nov 2021 at 5:57pm |
Good reason to shy away... 
|
|
Source: Babylon Bee. Sponsored by BRAWNDO, its got what you need!
|
|
jaybmiller
Orange Level Access
Joined: 12 Sep 2009
Location: Greensville,Ont
Points: 21466
|
Post Options
Thanks(0)
Quote Reply
Posted: 17 Nov 2021 at 8:49pm |
re: Said they plan to "work with the new owner to address next step". Asked
if they shouldn't go ahead and disclose this now to all Bidders but
they claim it's too late.
umm, surveyor's were there BEFORE the auction, right ??? If so they'd HAVE to disclose she's on the property, if not new buyer would have grounds to have sale 'null and void'... THEY already KNOW about her....
Man,you're smart..it'd be a 'no win' win. property already comes with nonpaying tenant ? Or she can claim land is hers ? or, man, it'll get REAL ugly with the new owner SEES what's on HIS land.... If not dealt with before xmas...it'l only get worse....
|
|
3 D-14s,A-C forklift, B-112
Kubota BX23S lil' TOOT( The Other Orange Tractor)
Never burn your bridges, unless you can walk on water
|
|
wjohn
Orange Level
Joined: 19 Jan 2010
Location: KS
Points: 1799
|
Post Options
Thanks(0)
Quote Reply
Posted: 17 Nov 2021 at 10:12pm |
I am very much in the "good fences make good neighbors" camp. A little too late in this situation without a ton of hassle. I tend to agree it's best to steer clear, but on on the other hand, if someone really needed that property, I doubt that would stop them.
|
|
1939 B, 1940 B, 1941 WC, 1951 WD, 1952 CA, 1956 WD-45
|
|
shameless dude
Orange Level
Joined: 10 Apr 2017
Location: east NE
Points: 13611
|
Post Options
Thanks(0)
Quote Reply
Posted: 18 Nov 2021 at 12:29am |
|
buy her out?
|
|
Clay
Orange Level
Joined: 11 Sep 2009
Location: Udall, Kansas
Points: 8786
|
Post Options
Thanks(0)
Quote Reply
Posted: 18 Nov 2021 at 2:31am |
Fertilize with hog or chicken crap. Do you like to fish or hunt? Throw the guts out near the property line. Perhaps set up a skunk sanctuary. A hog feeding operation with an old metal Pride of the Farm feeder? Those lids make lots of noise when they shut.
|
|
DMiller
Orange Level Access
Joined: 14 Sep 2009
Location: Hermann, Mo
Points: 29504
|
Post Options
Thanks(0)
Quote Reply
Posted: 18 Nov 2021 at 4:46am |
Sad to say have those here, Previous Owner's son of our place has the old house and four acres, was never adequately surveyed just deeded as the 'Fenced Property surrounding the house. He has pushed that as hard as considered possible by shoving stuff against the fence lines trying to make it seem bigger. Was actually a bit upset when I would not allow his mentally challenged daughter to walk the full property as she had done years past before we bought, that gate got nailed shut.
Are all manner of legal issues with encroachment as in whose insurance IF ANY is responsible if the person encroaching gets hurt and on your side of the line or if heaven forbid a fire rages thru the offender's property and sets your own ablaze. Many try to fall back on adverse possession where the original owner has to have No Knowledge of the true lines or it fails.
|
|
john(MI)
Orange Level
Joined: 12 Sep 2009
Location: SE MI
Points: 9263
|
Post Options
Thanks(0)
Quote Reply
Posted: 18 Nov 2021 at 6:46pm |
|
Lines are only temporary property markers. If a person builds on property and somehow gets over the line, after a few years, without any complaints, they are not required to move. You can put a fence ten feet past the property line and with no objections for a period of years, that's the new property line. That old woman may own the property she is shacked up on!
|
|
D14, D17, 5020, 612H, CASE 446
|
|
allisbred
Orange Level Access
Joined: 28 Mar 2015
Location: Hanover Pa
Points: 1011
|
Post Options
Thanks(0)
Quote Reply
Posted: 18 Nov 2021 at 7:48pm |
|
I’d try to buy it, plant fast growing shrub trees to cover her mess. You won’t loose that much ground. Might go a little cheaper than value. I have a neighbor like that, helps keep the property taxes down. Just my opinion. I lived in a high end development before and couldn’t wait to leave.
|
|
steve(ill)
Orange Level Access
Joined: 11 Sep 2009
Location: illinois
Points: 77740
|
Post Options
Thanks(0)
Quote Reply
Posted: 18 Nov 2021 at 8:01pm |
|
she has only been there 1 year... NO Squatters Rights..
|
|
Like them all, but love the "B"s.
|
|
Dirt Farmer
Silver Level Access
Joined: 15 Sep 2020
Location: Illinois
Points: 279
|
Post Options
Thanks(0)
Quote Reply
Posted: 19 Nov 2021 at 12:11am |
|
If you get the property, plant a cover crop of radishes, when those things rot later in the season and the aroma surfaces wow she will be anxious to move as they smell like raw sewage, how do I know, well, lets say my phone lit up from neighbors complaints. Some towns in the area have put in measures to avoid the situation. But that said they do break up the hard pan.
|
|
DMiller
Orange Level Access
Joined: 14 Sep 2009
Location: Hermann, Mo
Points: 29504
|
Post Options
Thanks(0)
Quote Reply
Posted: 19 Nov 2021 at 3:21am |
|
Sorry John, you need to look up Adverse Possession in Law, First Have to make "Capital Improvements" to that Land, Not just by building a structure across a line, second you have to make Public Announcements in local papers, in MO is for at least 30 days continuous days, next you have to approach the courts system to make a judgement as to that line, nothing is 'Automatic'. That and ONE Singular voiced complaint within the seven years here to make AP, and the entire argument is over as the Property Owner has informed the perpetrator to remove their crap show and that is legal.
Edited by DMiller - 19 Nov 2021 at 3:23am
|
|
mdm1
Orange Level
Joined: 12 Sep 2009
Location: Onalaska, WI
Points: 2592
|
Post Options
Thanks(0)
Quote Reply
Posted: 19 Nov 2021 at 8:26am |
|
An auction would be different I guess but a condition of purchase would be she would have to remove her stuff. Did you think about talking to the lady? Tell her you are thinking about purchasing the parcel and she would have to move her possessions back to her property. Was it surveyed when she bought it? Maybe she didn't really know where the line was and is now seeing what is going to happen. It would give you a feel of what she is thinking. But I guess really won't hold much water.
|
|
Everything is impossible until someone does it! WD45-trip loader 1947 c w/woods belly mower, 1939 B, #3 sickle mower 1944 B, 2 1948 G's. Misc other equipment that my wife calls JUNK!
|
|
Ray54
Orange Level Access
Joined: 22 Nov 2009
Location: Paso Robles, Ca
Points: 4346
|
Post Options
Thanks(0)
Quote Reply
Posted: 19 Nov 2021 at 11:37am |
Just a casual observer of a property line dispute in my township. The surveys needed to make a correction, back in the original 1860 survey. Easy to see why with a lot mountains and brush.
In this case the rules say every parcel in the section on the edge of a township with a correct gets a equal amount of the overage or underage. In this case that was not done a 100 and how ever many years ago. Both sides lawyered up and where ready to spend the time and money. In the end the old rules where applied. The only change was instead of putting the fence so one property lost the front yard they took equal acreage in another spot. But the fact that orchards and building where on the property in question and had been for a 100 years did not matter to the court. So without going thru the steps of advertising and such it is not a taking. Just a mistake a human made a long time ago. That gets corrected when somebody pushes.
|
|
Stan IL&TN
Orange Level
Joined: 13 Sep 2009
Location: Elvis Land
Points: 6730
|
Post Options
Thanks(0)
Quote Reply
Posted: 19 Nov 2021 at 9:31pm |
|
You can always buy the 87 acres and then deed to her the amount that is on your new property and be done with it.
|
|
1957 WD45 dad's first AC
1968 one-seventy
1956 F40 Ferguson
|
|
DiyDave
Orange Level Access
Joined: 11 Sep 2009
Location: Gambrills, MD
Points: 50529
|
Post Options
Thanks(0)
Quote Reply
Posted: 20 Nov 2021 at 4:27am |
 Stan IL&TN wrote:
You can always buy the 87 acres and then deed to her the amount that is on your new property and be done with it. |
Problem with that approach is that the ingrate hoarders will then junk up even further out on to your property. I know this from years of experience, no good deed goes unpunished... 
|
|
Source: Babylon Bee. Sponsored by BRAWNDO, its got what you need!
|
|
fixer1958
Orange Level
Joined: 13 Feb 2010
Location: kansas
Points: 2435
|
Post Options
Thanks(0)
Quote Reply
Posted: 20 Nov 2021 at 5:36am |
|
Neighbor in front of me thought he would stake claim to a strip of mine, roughly 100x900 because that is what google maps said. I showed him the stakes and put markers in. They disappear every now and then. It's part of 20 acres that I bought to keep people like him away from me.
|
|
Lars(wi)
Orange Level Access
Joined: 14 Sep 2009
Location: Permian Basin
Points: 6644
|
Post Options
Thanks(0)
Quote Reply
Posted: 20 Nov 2021 at 6:01am |
|
From pic shown, is there actually a ‘permanent structure’ there? Or is that green colored thing on wheels? Sitting on piers, or cinder blocks? Consult with the proper authorities to review local laws on the definition of ‘structure’. Also with no running water, or operational septic, it may be illegal for her to occupy full time.
|
|
I tried to follow the science, but it was not there. I then followed the money, and that’s where I found the science.
|
|
Stan IL&TN
Orange Level
Joined: 13 Sep 2009
Location: Elvis Land
Points: 6730
|
Post Options
Thanks(0)
Quote Reply
Posted: 20 Nov 2021 at 9:42pm |
DiyDave wrote:
Stan IL&TN wrote:
You can always buy the 87 acres and then deed to her the amount that is on your new property and be done with it. |
Problem with that approach is that the ingrate hoarders will then junk up even further out on to your property. I know this from years of experience, no good deed goes unpunished... |
That might well happen if her 1/2 acre is now 1 acre. I was reading it that it was surveyed wrong or she assumed where her 1/2 acre was mistakenly.
|
|
1957 WD45 dad's first AC
1968 one-seventy
1956 F40 Ferguson
|
|
DaveKamp
Orange Level Access
Joined: 12 Apr 2010
Location: LeClaire, Ia
Points: 5637
|
Post Options
Thanks(0)
Quote Reply
Posted: 20 Nov 2021 at 11:55pm |
|
Neither adverse possession or prescriptive right apply here. Whoever purchases the land simply advises the adjacent property owner that a fence will be erected on the property line, and anything left upon or over the border of the purchased property after 90 days will be removed and disposed of, and she will be billed for disposal accordingly.
|
|
Ten Amendments, Ten Commandments, and one Golden Rule solve most every problem. Citrus hand-cleaner with Pumice does the rest.
|
|
steve(ill)
Orange Level Access
Joined: 11 Sep 2009
Location: illinois
Points: 77740
|
Post Options
Thanks(0)
Quote Reply
Posted: 21 Nov 2021 at 1:10pm |
Scott... bake a cake and take it to her... Crazy old ladies need loving too !! 
|
|
Like them all, but love the "B"s.
|
|
ac fleet
Orange Level
Joined: 12 Jan 2014
Location: Arrowsmith, ILL
Points: 2204
|
Post Options
Thanks(0)
Quote Reply
Posted: 21 Nov 2021 at 2:54pm |
Check your local codes/laws/etc. Sounds like the health dept. could take her on IF the county wont. Around here she would be in jail for squatting!
County building codes do exist as does abandoned vehicle codes, all of which she is in violation of.
I would buy the land and go down the property line with a dozer and be done with it, then put up a new fence on the line.
|
|
http://machinebuildersnetwork.com/
|
|
Ryanlark
Bronze Level
Joined: 20 Sep 2020
Location: Virginia
Points: 17
|
Post Options
Thanks(0)
Quote Reply
Posted: 12 May 2022 at 6:18pm |
Cake for old ladies can work actually, she will definitely appreciate it. And the place is not so bad though, if make some changes, you can transform it in a cozy house with a nice yard. I am waiting for the right moment to buy a house in a village, which looks really gorgeous, but the prices right now are a bit high, so I am waiting for the next housing crash prediction, to get that house for a lower amount of money. It will be a good deal I think, I've always wanted a house like that one.
Edited by Ryanlark - 18 May 2022 at 6:46pm
|
|
