Property Easement Question - PeachParts Mercedes-Benz Forum

Chad300tdt · #1 05-29-2008, 10:46 AM

My neighbor has a fence directly on the property line, which is OK, but their mowing service uses OUR property to get to the back side of THEIR property to mow. When they do this, they make tire tracks in my yard, clumps of grass are left behind from the mower deck and they have cut down 3 rose-of-sharon bushes in the process.

Before I take this issue up, do I have a leg to stand on? I think I have a right to complain about the bushes, but can I get them to discontinue using my property to gain access?

IMO the neighbors should have a gate at the back side of their fence to allow access to that portion of their property, not rely on using my yard as an easement.

Any advice or opinions?

Mistress · #2 05-29-2008, 10:48 AM

make a deal with them, they can use your property to assist in the mowing of the neighbors yard BUT they have to mow yours too.

G-Benz · #3 05-29-2008, 11:04 AM

Tell the mowing company your compaints...they should comply, or offer benefit on your behalf if your neighbors do not provide an alternate path to their yard.

My issue wasn't access, but merely that the mowing service would perform mowing and trimming for the neighbor, then leaf-blow the clippings over towards my driveway and on top of the car that was parked outside.

I discussed the issue calmly with them, and due to the proximity of my easment, agreed that if I left the gate opener for access, they would rid my property of all the debris fallout left by the job. That worked well.

Chad300tdt · #4 05-29-2008, 11:33 AM

I put in a call to the township and am waiting a return call. I want to make sure there aren't any issues I'm overlooking before I move forward.

I believe I'll talk to the landscape company that does the mowing before I involve the neighbors. My relationship with the neighbors at this point is just a friendly wave now and then and I'd like to keep it that way.

Thanks for the advice.

dynalow · #5 05-29-2008, 12:03 PM

Chad,

Check this, under private property issues. May be of help to you.
It seems to me that the landscaper is trespassing on your property. Ask him to discuss with your neighbor alternate access to his back yard.

http://www.lgc.state.pa.us/deskbook.html

Hatterasguy · #6 05-29-2008, 12:49 PM

Just ask them to stop. I don't really see this as a property issue, its yours and if you wanted to you can stop them from using it.

Some easements are "rights", off the top of my head I think that mostly is utility companies.

Back when I was a kid I used to cut a lot of lawns and solved this problem by just picking up the neighbors as another account.

If the fence is right on the line I don't understand why they are running the mower over their, they should just walk it with a trimmer. They probably don't know its your yard.

LUVMBDiesels · #7 05-29-2008, 01:54 PM

You have to watch out for this as the neighbor could claim the area via adverse posession. I would tell him that this is not acceptable and also that his fence should not be right at the line but rather at least two feet back from the line so that he can access both sides of the fence while staying on his land. I had this happen to me in the reverse in NJ where I built a fence on the property line. I was told by the town in no uncertain terms to take it down and given 10 days to comply!

beevly · #8 05-29-2008, 02:05 PM

I would start by talking nicely to the neighbor about the problem. Chances are, you'll clear everything up then and there.

Problem solved and you both may even enjoy your new mutual acquaintance.

SwampYankee · #9 05-29-2008, 02:51 PM

Quote:

Originally Posted by beevly

I would start by talking nicely to the neighbor about the problem. Chances are, you'll clear everything up then and there.

Problem solved and you both may even enjoy your new mutual acquaintance.

What beevly said. And bring along a couple of your organic brews to keep things smooth.

John Doe · #10 05-29-2008, 03:02 PM

Quote:

Originally Posted by Hatterasguy

Just ask them to stop.

Yeah, you better do that post haste--if they do it for seven years and you don't say anything, they may get you on adverse possession

PaulC · #11 05-29-2008, 05:23 PM

Ah, neighbors...

A fair number of years ago, a friend of mine purchased a home on a large tract of land that was well-landscaped, including several mature pine trees near, but not over, neighbor X's property line. Several days after the closing, he notices that six of the pine trees have been chopped down and removed. Making an inquiry, neighbor X claims that he directed a landscaping service to just prune the trees, as the wind was blowing needles into his swimming pool, but there was an "apparent miscommunication". Neighbor X was a well-known local businessman who possessed a rep for being too cute by half. My friend, possessing a volcanic temper, grumbled a bit, but not wanting to start a neighbor war, let it go - for the moment. Several weeks pass, and my friend is walking along the property boundary and notices that the end of a running garden hose has been placed through the neighbor's fence, which is causing water to run on his property. Peering through the gaps in the fence, he sees that the hose is connected to a pump that is draining the neighbor's swimming pool.

The following actions are set in motion:

1. Friend retreats to his garage and emerges with a large pair of bolt cutters;

2. Friend returns to the fence and gives the garden hose one pisser of a yank, relocating the electric pump from the edge of the inground pool to it's center;

3. Friend then ties the end of the garden hose in a knot, preventing its withdrawal through the fence, and clips off the excess hose with the bolt cutters;

4. Friend withdraws to his patio, lights up a cigar, and awaits a response - which never came.

Friend lives happily ever after; neighbor X later moves to a new neighborhood. The irony is that the trees were located on a secluded section of the property and my friend probably would have allowed them to be removed - had he been asked.

kip Foss · #12 05-29-2008, 07:48 PM

One; the property on your side of the fence is yours and you can say who comes and goes on it.

Two; unless the area around the property line is designated on the official plat as an easement, which I will bet it is not, your neighbor has no right to trespass on it. Check your property plat to see if it is either a public easement, in which case it must lead to some place that the public is entitled to go, or if it is a utility easement, in which case, like an alley, it will have power line, gas or water lines on it.

Three; in Texas the neighbor can not claim the property by adverse possession unless he is paying taxes on it, has fenced it, and has treated it as his own. Check with your state attorney general, your county DA, your city attorney, or even your city code officer about local laws regarding adverse possession.

Hatterasguy · #13 05-29-2008, 09:32 PM

Quote:

Originally Posted by John Doe

Yeah, you better do that post haste--if they do it for seven years and you don't say anything, they may get you on adverse possession

Only seven years in PA? In CT its 15 or 20, forget. We just passed 15 on our shed which is/was on the neighbors property.

Cr from Texas · #14 05-29-2008, 09:42 PM

I wouldn't like your neighborhood! In my neigborhood, we know, talk to, and look out for our neighbors. The problem would have been resolved on day one with a calm neighbor to neighbor discussion.

End of problem!

I called the neighbor across the street at midnight last night because I saw an unfamiliar pickup backed up to their open garage door. Four other neighbors had already made the call. Their son borrowed a pickup to move back home from school.

MTI · #15 05-29-2008, 09:51 PM

Just my thoughts . . . adverse possession, highly unlikely since most jurisdictions require that the occupation of the property must be "open and continuous" during the statutory period.