my property or his ?


In the Brooder
9 Years
Oct 11, 2010
Rapid City
Okay I have been in my home for 4 1/2 yrs now, my neighbor was here first . so with that said he/they think they own more property than they do. I knew they wanted to buy this piece and we got it before they did. but still here is the issue.

they mow a section where they walk which is on my property ( i own 2/3 rds of the turn around , they think they own the whole turn around) ok I have started to build my coop out in my field, I look out the window this after noon and he is making his " trail " wider! like a drive way wider! Short of getting a survey company out here to put posts in how to I tell him to stop ... it is just going to make it easier for his lab and other 2 dogs to come over here and bother my chickens.

I have 4 acres I shouldn't have to explain to him he is on my land should I?

any advice ?

I dont know why this bothers me so much
How old are the houses? I would think survey markers are still there if your place has been built in the past 30+ years or so. All you need for that is a metal detector and platbook.

I think I would get a little irritated about it; if you continue to allow him to maintain your land eventually it will be his land.......
If you can not afford to fence ( we cant ) you can always have it surveyed and then put up 2 T posts on the corners and run a rope or string across. not going to keep anyone out but it will show you know whats yours.
I'd make some inquires down at the county/city planning area... see if there aren't some surveys that aren't already on record (and really, I don't think that a survey is that expensive - fencing however... can add up). Then once you have them in hand, share them with him with the "goal" of sharing information because you didn't want to infringe on his property.
Good luck. We had/have that issue and we have a survey... they still like to mow a swath behind their lot way beyond what is theirs. *sigh* Oh well. They know, and there is an old marking post on the corner too... But yeah, fences make great neighbors... they just cost a buttload.
Our home is only 4 1/2 yrs old , they were here maybe 6 or 7 yrs before us. that is why they were upset i guess they thought the property wouldn't sell before they were ready to buy.

I know where the markers are, one is in the woods and there were a few pink flags on trees,( which is where he mows) but on the open field side there is still a stake about 6 ft past the electrical box on his side of the box which my property encases so you would think he can see he is on the wrong side of the stake.

I may just have a survey company come and put down markers on the one side and tell them to do stakes every 100 ft, maybe I can get off cheep if they only have to stake one side.

I was offered a boat load of fence and I only took what I needed for the coop area, had I known as soon as I went to use my property he was going to mow more of mine I might have taken it , free is always good.

hind sight wish it was forethought
You need to be careful, because sometimes by mowing and using an area for a number of years gives the other person legal permission to always use it, or to lay legal claim to the property. I think that when you had your title search done when you bought the property it should have legally described the property that you own. It is possible that you did not have the property described to you completely correctly when you were buying it. It would be worth the money for the survey, so that there is no questions about who's property starts and stops and where.
take it from someone who is currently going through this. My neighbor keeps on on my land which is behind his house and he is known for having a green thumb and no I ain't talking about fruits and vegies. we told him to stay off our property. consulted a police officer and the town, we were told to put up a fence and guess what, we have to put the fence up or otherwise we are liable!!!!
the neighbor in question won't stop what he is doing and in fact he will just pursue the matter further, property squabbles barely ever end very amicably just survey and put up your posts and if his dogs come on your land call the city, or town and place a complaint.

Good luck,

my neighbor has 182 acres, and I've got 4. Our driveway cuts diagonally across our property, and doubles back, so it comes out at a corner. well, the side of the driveway end that's on my property is steep, and the mailman asked us to please put our mailbox 5 feet ahead of our driveway opening.. which technically is on my neighbor's land, but since the town owns 6 feet on each side of the road, it's legally fine... but the neighbor never fails to mention it, every time I get my mail... ugh.
Look up "adverse possession" and "prescriptive easement." Wikipedia is a good source of general information about these, but you will need to find out the specific requirements for your state. In some states, the amount of time to acquire property by either of these means is as little as 5 years. Make a point of either formally giving him permission to use your property (which will protect your ownership and prevent creation of a prescriptive easement) or preventing him from using the land entirely.

Get the survey done, put in fence posts (U or T posts are fine) on the markers and run strand wire or plastic snow fencing along the posts. Check your zoning laws about fencing. I've read both that the "pretty" side has to face outwards toward the neighbor, and also that it must face inwards to be considered your fence (as you would obviously not put the ugly side facing you). Obviously these vary by jurisdiction as they are contradictory. I suppose you could weave the wire or fencing between the posts and take care of both
I've also read that in some places the fence cannot be ON the property line, but must be offset by a certain distance (which seems odd to me).

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