Posted by Jimmy on November 02, 2006 at 07:25:16:
had similar situation. an unpaved driveway to one of my properites was encroaching on neighbor. they started to erect a fence along P-line, which would have made my driveway unusable. I approached them, and bought a 6 foot wide sliver of land. this sliver meant nothing to them, but meant a lot to me.
Fence Encroachment - Posted by new land owner
Posted by new land owner on November 01, 2006 at 14:17:43:
Recently bought 20 acs in TX. Property backs up to neighbor’s land, which is totally fenced. Survey stakes show that one corner of his fence is right on the property line. By the time the long fence reaches the other corner of my property, it’s about 6’ on my side. I don’t really care about making the neighbor move the fence, but I would like it on record somewhere that I know his fence is encroaching on my property, and I’m allowing that to happen. Any suggestions? Worth even messing with? Thanks.
Re: Fence Encroachment - Posted by christine mendenhall
Posted by christine mendenhall on November 02, 2006 at 19:48:46:
I would check out what laws govern encroachments in your state… In Illinois, if a non owner has open and notorious use of a portion of their neighbors land for a period of 20 years they can receive an Easement by Prescription, this does not give them ownership of your land, but it does give them the right to continue using the land indefiantly and can be transfered to the new owner if your neighbor were to sell in the future. Illinois law allows for the prevention of prescriptive easements by posting signs granting permission to cross along the boundary of your property.
Along with speaking with your neighbor, that may be the easiest and most cost effective way to fix the situation.
Re: Fence Encroachment - Posted by Bill H
Posted by Bill H on November 01, 2006 at 16:37:52:
I’d suggest you and your neighbor sit down and discuss it. Tell him that your survey showd the fence to be on your property. Put in writing the fact that you know and will alow…(do not say don’t care) the fence to be about 6 feet on your property at the XXX Location. And, when the fence is replaced it will be moved to its proper location.
If it would give you more comfort…have your attorney draw it up for you.
Sometime a gentlemans agreement is worth more than all the legal papers in the courthouse.
Good Luck,
Bill H