Smart Red
Garden Master
- Joined
- Jan 10, 2012
- Messages
- 11,303
- Reaction score
- 7,395
- Points
- 417
- Location
- South-est, central-est Wisconsin
Lest I rustle someone else's thread, I decided to explain my "pet project" in a new rambling thread.
Forty years ago Mr. B. purchased exactly half of a sixty acre farm. His side included the house and the barn. The other buildings on the 60 acres were either partly on his side or wholly on the property to the West.Before he purchased the property he required the seller do a survey.
Enter Me and Mine. We purchased the West 30 acres. Before we did, though, we also required the seller have a survey of the property done. When our survey was done, a mistake was made that appeared to give the neighbor 15 feet more than his survey had shown. He fully realized how that mistake was made, but it gave him more of the out-buildings. In fact, he actually moved the two stakes a bit further than 15 feet.
When we arrived, he showed us the two stakes saying, "I use these as the boundaries" or something equally non-specific. He did not say, "These are the boundary stakes."
We farmed the 60 acres as one farm for several years until his BIL who did much of the work in later years, absconded with our profits. We put some of our land into Conservation and Mr. B. rented his out as a cash crop to a neighbor. During the non-sharing period, Mr. B. did not use the 15 feet -- I think it was in fear we'd have a survey done and he wanted to be able to say he didn't use it because he knew it was ours. But he didn't have the courage to admit to his "mistake" with the land.
After 25 years, Mr. B sold his property. Soon after the new neighbors moved in, I had occasion to stop at the house to let them know their horses were out in the road. For waking Mrs. Z up, I was cursed at. I left figuring we'd never be more than neighbors.
Still, I tried to be a good neighbor. When Mrs.Z and her friends rode their horses across our front lawn, we decided to address the issue if it happened again. When they dropped a load of rotten hay bales on the corner of our property we decided to address the issue if it happened again since that area was fallow. When their dog took a nip at our 12 yo son, and the neighbor saw only our son pick up a stick to hit the dog with, (He yelled at my son.) we decided to address the issue if it happened again since no skin was broken. Several other instances like these occurred through the years, but we always 'gave' them the first chance.
Somehow, through those years these neighbors decided that land -- in addition to the mistake -- was theirs. They stole a post DH put up, threatened me when I mowed a newly cleaned area of our land. This was the first time we realized they were mistaking the boundary lines.
The very next day I gathered copies of some information I had in expectation of having a conversation with them. NOT! Again I was sworn and yelled at. I was given a list of reasons how they knew I was attempting to steal their land -- all misconceptions they had grown in their head. Then they contacted an attorney (GM-motors free legal service) who had them get their property surveyed so they would have evidence of our theft.
Instead of verifying their position that we were thieves, the survey showed the original boundaries with us owning 15 feet into "their" shed and down the line to about 25 feet from their back door. That's when they decided to sue us for the 15 feet under the law of Adverse Possession by Acquiescence. I'm not sure how someone goes from righteous indignation at the thought someone is stealing from them to "oh, I guess they're not" to "let's steal from them" in so quick a time frame, but they did.
In all honesty, if they had approached us directly we would have let them keep the 15 feet we hadn't known we owned. But they didn't. They are suing us for the 'disputed' 15 feet, but have described property well past that 15 feet into our land. In addition they have publicly called us thieves, lawbreakers, and liars. I decided that I couldn't let such charges against the honorable man of character I married and am slowly losing each day.
The more that I checked into this affair, the more I realized that there was a deliberate theft from the very beginning. I talked to Mr. B. and he admitted his mistake (I didn't call it theft) and signed a quit claim deed giving the 15 feet -- that he did not sell to the new neighbors according to their legal description -- back to us.
Now I'm filling out 15 pages of questions from their attorney and writing my own set of questions for the neighbors to answer as Interrogatories which are part of Disclosure. Yes, I know you are all thinking I should get a lawyer myself. I have consulted with an attorney and found that the process of protecting my own property would run between $8,000 and $10,000. There is no way I can justify spending $20,000 an acre -- even for my own land -- and I doubt a judge would award $20,000 in legal fees to me for 15 feet of land (x's the length of my property). I have spent $225 in consultation costs with a lawyer and that has been somewhat useful.
So, if I win I go back to being a good neighbor, but put a line fence in to prevent future problems. If I lose I put the pigs and roosters next to their back door/yard and let them enjoy the sounds and scents of rural life up close and personal. And I am setting up a pretty strong liable suit as I explore this situation. The number of people in the community that I found heard my precious DH (and me) publicly called thieves is growing in numbers.
Forty years ago Mr. B. purchased exactly half of a sixty acre farm. His side included the house and the barn. The other buildings on the 60 acres were either partly on his side or wholly on the property to the West.Before he purchased the property he required the seller do a survey.
Enter Me and Mine. We purchased the West 30 acres. Before we did, though, we also required the seller have a survey of the property done. When our survey was done, a mistake was made that appeared to give the neighbor 15 feet more than his survey had shown. He fully realized how that mistake was made, but it gave him more of the out-buildings. In fact, he actually moved the two stakes a bit further than 15 feet.
When we arrived, he showed us the two stakes saying, "I use these as the boundaries" or something equally non-specific. He did not say, "These are the boundary stakes."
We farmed the 60 acres as one farm for several years until his BIL who did much of the work in later years, absconded with our profits. We put some of our land into Conservation and Mr. B. rented his out as a cash crop to a neighbor. During the non-sharing period, Mr. B. did not use the 15 feet -- I think it was in fear we'd have a survey done and he wanted to be able to say he didn't use it because he knew it was ours. But he didn't have the courage to admit to his "mistake" with the land.
After 25 years, Mr. B sold his property. Soon after the new neighbors moved in, I had occasion to stop at the house to let them know their horses were out in the road. For waking Mrs. Z up, I was cursed at. I left figuring we'd never be more than neighbors.
Still, I tried to be a good neighbor. When Mrs.Z and her friends rode their horses across our front lawn, we decided to address the issue if it happened again. When they dropped a load of rotten hay bales on the corner of our property we decided to address the issue if it happened again since that area was fallow. When their dog took a nip at our 12 yo son, and the neighbor saw only our son pick up a stick to hit the dog with, (He yelled at my son.) we decided to address the issue if it happened again since no skin was broken. Several other instances like these occurred through the years, but we always 'gave' them the first chance.
Somehow, through those years these neighbors decided that land -- in addition to the mistake -- was theirs. They stole a post DH put up, threatened me when I mowed a newly cleaned area of our land. This was the first time we realized they were mistaking the boundary lines.
The very next day I gathered copies of some information I had in expectation of having a conversation with them. NOT! Again I was sworn and yelled at. I was given a list of reasons how they knew I was attempting to steal their land -- all misconceptions they had grown in their head. Then they contacted an attorney (GM-motors free legal service) who had them get their property surveyed so they would have evidence of our theft.
Instead of verifying their position that we were thieves, the survey showed the original boundaries with us owning 15 feet into "their" shed and down the line to about 25 feet from their back door. That's when they decided to sue us for the 15 feet under the law of Adverse Possession by Acquiescence. I'm not sure how someone goes from righteous indignation at the thought someone is stealing from them to "oh, I guess they're not" to "let's steal from them" in so quick a time frame, but they did.
In all honesty, if they had approached us directly we would have let them keep the 15 feet we hadn't known we owned. But they didn't. They are suing us for the 'disputed' 15 feet, but have described property well past that 15 feet into our land. In addition they have publicly called us thieves, lawbreakers, and liars. I decided that I couldn't let such charges against the honorable man of character I married and am slowly losing each day.
The more that I checked into this affair, the more I realized that there was a deliberate theft from the very beginning. I talked to Mr. B. and he admitted his mistake (I didn't call it theft) and signed a quit claim deed giving the 15 feet -- that he did not sell to the new neighbors according to their legal description -- back to us.
Now I'm filling out 15 pages of questions from their attorney and writing my own set of questions for the neighbors to answer as Interrogatories which are part of Disclosure. Yes, I know you are all thinking I should get a lawyer myself. I have consulted with an attorney and found that the process of protecting my own property would run between $8,000 and $10,000. There is no way I can justify spending $20,000 an acre -- even for my own land -- and I doubt a judge would award $20,000 in legal fees to me for 15 feet of land (x's the length of my property). I have spent $225 in consultation costs with a lawyer and that has been somewhat useful.
So, if I win I go back to being a good neighbor, but put a line fence in to prevent future problems. If I lose I put the pigs and roosters next to their back door/yard and let them enjoy the sounds and scents of rural life up close and personal. And I am setting up a pretty strong liable suit as I explore this situation. The number of people in the community that I found heard my precious DH (and me) publicly called thieves is growing in numbers.
Don't worry. You are going to win this and we will cheer you on!
![:\](/styles/default/xenforo/smilies/side.png "side :\")
It's very reasonable to consider that the value of that 15 feet wouldn't be worth the court costs, but oh the satisfaction...priceless. 
