Fences dont always make good neighbors... Pics at 11

[Camelot Farms]

The property line runs just the other side of the drainage ditch, out beyond the shrub rose and then takes a left. That was all measured for fencing today.

This is at the entrance of my property. The two tire tracks are the driveway and access road. Our house sits on a rise to the left.

You can see where the driveway goes up to the house and the access road continues.

Past the barn and the pond

Our property line ends at this gate.

This is the pond.

The property line cuts through the pond from left to righ about 4 feet beyond that wooden post you see at the end

This is what they own of the pond.

 

[WingingIt]

I'm failing to see why the easement that allows her access to her property is expanded in their eyes to a DIFFERENT part of your property (if I'm reading that right) so they can go fishing. If she owns 20+ feet of shoreline, that shoreline is connected to 20+ feet of HER land and she needs to go that way to go fishing. Blame your lawyer when you bring it up, you know they'd never go after your property, but the lawyer says that letting them continue to cut across creates a basis for another permanent easement which means you could likely never resale, gee, you're so sorry....blah blah blah.

Your place is gorgeous, though!

Edited: OK, you were posting pictures while I was typing. I still don't see why they can't clear some brush and fish on their own side instead of coming around and fishing from YOUR YARD???? You need meaner ducks!

 

[redhen]

Pretty property..

 

[Sonoran Silkies]

Any chance you can show us an overhead drawing; like a map? I am still confused.

 

[Camelot Farms]

Quote:
Exactly. If you could have seen the look on my face the 1st time I heard the dogs going ape, flew out the door and found 10 people walking across the yard (where you see the ducks in the last pics) heading off to fish.

Freaked me out completely.

I realize that they are legally standing on their property to fish but they have walked across my yard to do it. I just have visions of a child falling in the pond on my legal property while they are heading over there and then guess who is liable? Yepper! Me.

 

[Camelot Farms]

Here ya go Sonoran. Does this help? I just took a pic of my plat

The triangle in the back in the pond. You can see that the prop line goes through it. They will be running a fence from the Iron Rod in the upper left of the pic to the Iron Rod at the bottom left of the pic and then over to the edge of the driveway that is labeled Existing 50ft ROW.

They own the property all along the west of us and behind us in the South.

To get to the their little slice of the pond, they have been walking across my yard parallel to the pond on the North side of it.

Using this Compass Rose

S
E W
N

 

[maple]

wait... you said they are running fence down the left side of the pic? that's the E side?


and where is thier home in relation to the pond? They are coming from the south..walking around the pond across your lot to get to thier side and the reason being? I take it from the photo maybe there's too much overgrowth for them to access it safely from thier side?

Than that's all on them... they need to clear some out to be able to access it shouldn't they?

As you say, you could be held liable for any accidents. I'd be talking to zoning and my insurance agent.


I love your slice of Heaven though.... it's purty.

and I'm sure sorry you're going through this but you'll all get through it but you do have to address the situation but this shall pass...it's just a pain in the hiney currently.

Here's to a successful outcome.

hugs,
gretch

 

[silkydragon]

what kind of fish you put in it if you put bluegill in it i would thank them for taking some out every once in awhile bluegill spawn and breed fast and may overcrowd a pond making it so the others cant grow as fast and youll end up ith a bunch of tiny bluegill not big enough to eat 1 of these days ill get a pic of fish from my uncles ponds a new 1 and an old 1 that almost no 1 fishes at as far as letting them fish there i dont see a problem unless they are leaving trash behind or there are little like 10 yr old kids fishing by themselves i remember some woman at the park owned some property at a pond the lake drained into(like 20 feet of bank) me and my friends would fish off the spillway and she would come out yelling at us and we would back off till 1day an officer stopped and told us we could fish the pond from 1 point(lake spillway) to the other (rightside of pondspillway where here yard started) but she would still try to run us off some kids stood right on the spillway where it was like armlength from her property just to mess with her

 

[CityChicker]

Okay, I'm still confused even looking at the picture, but I think I got it. So, their house is on the side you have labeled East and they are walking across from the East to the West to their property on that side of the pond? The new fence is going form North to South directly across where they are walking? Wouldn't this prevent them from being able to walk across your property in the future?

I would just go talk to them. Do you know for sure what kind of fence they are building and where exactly? I think legally you probably do not have much of a leg to stand on with some of your issues with them (saying this as a real estate broker). If you bought the house knowing they have an authorized easement, you are probably out of luck. Are you sure the easement does not include full access to the pond? I would have your attorney find this out for sure. There is likely nothing you can do about the easement. There is also likely nothing you can do about the fence or them fishing your fish (especially since the pond is partially on their property). The one thing you probably do have recourse regarding is them walking across your property to get to the pond (truthfully, I think you are on shaky ground even with that, for multiple reasons this is not a typical scenario).

I would just go talk to them and find out for sure what they are planning. Have you also mentioned that you don't like them accessing the pond via your yard? If not, just talk to them about that as well. Unfortunately, you bought the property knowing where their property lays and that they have an easement. That may potentially limit your recourse.

 

[Sonoran Silkies]

That's the idea, but can you show both your and her property? And mark off where the pond is.