Fence line vs Survey

[Pokinfun]

Is he bigger than you? Why not just pull him out the house and rough him up a bit?

I know you are joking, but the neighbor is stealing the OPs property. The OP let the neighbor pull his punk card. Everyone on here is go get a lawyer. Hell if I was his neighbor, I would take what ever I wanted at that point.

 

[D. Hargrove]

The malevolent Ass Snorkeler knows he is wrong and as such displays anger IOT defuse your issue with fear. Legal action is the only cure I feel. Also, he has alienated other neighbors even with a court order demonstrating his obstinate disposition and lack of character. Attack first and ensure the result is not only final, but enforced. Just my .02 cents worth.

 

[easy]

Working on it. Got the name of the 'pit bull' land lawyer from my surveyor, of course he's closed today. Seems Monday will be a busy day.

 

[donner]

I'm certainly no legal expert, but i'd suggest you continue to make sure you operate within the law, even if it means doing nothing about the current junk/structure.

we have two developers in our town who are going through something similar. (They hate each other.)

It's an oddly complicated tale, but long story short, the first guy, david, tore down a sign for the second guy's development that was on land david had purchased. The second guy swore out a felony warrant with the local PD for Malicious Mischief and now David has a lovely mug shot.

Not sure it will come to much more, but just because it's in the wrong spot does not mean it's a good idea to just move it (or destroy it).

 

[Jeff405]

Does your other neighbor still have beef with him? Maybe he could offer some advise as well. Maybe you both could go after him (legally) at the same time. Any other neighbors that could join the fight to help keep him from bullying ya'll?

 

[Burk Cornelius]

I believe that Oklahoma law says that if the property has been used in an "Open an Hostile" nature for a duration of 7 years the possessor can file for and receive title. There's a question about him owing taxes on the portion of land for all those years and a refund to you for the 4 years. The real question is if the 7 years starts over with your purchase. If so, you have until the end of that 7 year period to wait for him to go on vacation and move/build a fence on the property line. All you have to do to reclaim the property is deny him access for a single 24 hour period.

I have heard that there is a street in between the St John's hospital complex that they own and the hospital closes it off for a day at least once every 7 years to keep the city from having a claim. It's called acquiescence, if you do nothing in that 7 years you forfeit your rights. That is what I remember from land law classes when I was in school 10 years ago.

WTF?

 

[Burk Cornelius]

http://www.osls.org/blogpost/976719/165040/My-Fence--My-property-Line

HEY! I wrote that.

I also wrote this about adverse possession http://www.osls.org/blogpost/976719/201876/Adverse-Possession-in-Oklahoma

@Surveyor1653 knows what he talking about. Listen to him

One thing that hasn't been asked yet is if the adjoiner has ever had his own survey performed? He can't disagree with the location of the property line if he doesn't have to have another Professional Land Surveyor present an opposing opinion that represents his claim. He can't go to court and just say "That's not the property line". Most of the time a boundary dispute involves to differing opinions of two Professional Land Surveyors.

 

[easy]

I'm working on finding out if the property was surveyed upon being sub'd. I do know that a number of years prior to that the MIL had had her original parcel surveyed and want us to use her surveyor when we had ours done. We chose one that had no connection and therefor no conflict of interest should one arise. All a bunch of complicated posturing. If I could get western neighbor to refile complaint at the same time that would be sweet.

 

[CBarCRanch]

Is the neighbor related to you or wife?

 

[Shoot Summ]

There is a long running thread over on Garage Journal of a guy, and a real peach of a neighbor, and a land dispute. I've put a link to the first part in here from 2013, it's a long read, but worth it as this guy went through a lot, eventually won, but it cost him a lot to get there...

http://www.garagejournal.com/forum/showthread.php?t=156270

Search the OP's username for started threads and you will find the ones leading up to this one, and the subsequent threads.