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Old 05-18-2018, 07:29 PM  
007 007 is offline
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Shared fences and other property issues

I have some problematic neighbors that allow a their weed and bush overgrowth to constantly take over the shared fence in my back yard. I trim this shit back multiple times per year and am getting rather sick of it invading my yard. What's really aggravating is that five feet of my yard is on their side of the fence. Unfortunately the fence has been there since before we moved in. It's a battle I'm tired of fighting.

I'm curious what others in similar situations have done. I've tried talking to them before but none of them give a shit since the growth from their weeds is on my side. Not their problem and all that BS.

Picture attached for reference. I don't think antifreeze and aids infected needles will help here.

Last edited by 007; 05-18-2018 at 10:47 PM..
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Old 05-18-2018, 07:32 PM   #2
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Old 05-18-2018, 07:35 PM   #3
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Where I live, whatever is on your subject property you have free reign to chop off, chop down, whack, whatever unless it is part of a protected wetland. If it's on their side, it's their problem. The fence is negligible. Apparently, it's 100% on your side and your problem. If you have 5 feet of property on the other side of that fence, you can go mow down every inch of it and they can't say shit.
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Old 05-18-2018, 07:35 PM   #4
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Spray Round Up, tree and shrub killer all over that shit. Then poison the family pet, stand in the back yard naked chanting Allah Akbar holding a pipe and shovel
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Old 05-18-2018, 07:40 PM   #5
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Quote:
Originally Posted by kccrow View Post
Where I live, whatever is on your subject property you have free reign to chop off, chop down, whack, whatever unless it is part of a protected wetland. If it's on their side, it's their problem. The fence is negligible. Apparently, it's 100% on your side and your problem. If you have 5 feet of property on the other side of that fence, you can go mow down every inch of it and they can't say shit.
That's the problem. Eminent domain laws would support them because of how long the fence has been in place. All of the roots for this shit is on their side. I can whack all the crap down on my side but can't stop this shit from growing.
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Old 05-18-2018, 07:40 PM   #6
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Get it surveyed.

Tear down the fence.

Tear out his shit.

Build new fence on property line.

Send neighbor bill.
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Old 05-18-2018, 07:44 PM   #7
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Quote:
Originally Posted by 007 View Post
That's the problem. Eminent domain laws would support them because of how long the fence has been in place. All of the roots for this shit is on their side. I can whack all the crap down on my side but can't stop this shit from growing.
How long has the fence been there? Adverse possession takes a long time. I believe it's 15 years in KS.

http://rvpolicy.kdor.ks.gov/Pilots/N...a?OpenDocument
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Old 05-18-2018, 07:45 PM   #8
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Quote:
Originally Posted by 007 View Post
That's the problem. Eminent domain laws would support them because of how long the fence has been in place. All of the roots for this shit is on their side. I can whack all the crap down on my side but can't stop this shit from growing.
It was my understanding that eminent domain only applied to government taking of property for the greater good.

What you're referring to, I believe, is Relative Hardship. You may want to seek counsel on this. Reference Christensen v. Tucker.

Here's an excerpt from what I've read on it:
Quote:
The elements of this equitable doctrine of “relative hardship” are that (1) the encroaching defendant must be innocent, meaning not willful or negligent, (2) the plaintiff will not suffer irreparable injury by continuing the encroachment, regardless of the injury to the defendant, and (3) the hardship to the defendant if required to remove the encroachment must be greatly disproportional to that which would be suffered by the plaintiff landowner if the encroachment were allowed to continue.
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Old 05-18-2018, 07:49 PM   #9
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Quote:
Originally Posted by Yosef_Malkovitch View Post
How long has the fence been there? Adverse possession takes a long time. I believe it's 15 years in KS.

http://rvpolicy.kdor.ks.gov/Pilots/N...a?OpenDocument
I'm not sure a court would consider this a squatting case or not. I have my doubts.
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Old 05-18-2018, 07:58 PM   #10
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I'm not sure a court would consider this a squatting case or not. I have my doubts.
Agreed. Whatever it is called, my general understanding of the subject regarding property lines, is that once a line is established it just shifts to the other owner after a certain number of years. The fence was in before we moved in 14 years ago.
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Old 05-18-2018, 08:01 PM   #11
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The other issue with this is that there are two property owners on the other side. Not just one.

I don't really care about the fence location. I just want them to trim back or remove this shit. I'm the only one doing anything and now it's getting too tall for me to get to it all.
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Old 05-18-2018, 08:05 PM   #12
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climb up on his roof and drop some oranges in his drain vents. He will never figure out why his shit doesn't drain anymore.

Or take your chances since you live next door, hope the cops get the right address and call in a swatting call.
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Old 05-18-2018, 08:05 PM   #13
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Agreed. Whatever it is called, my general understanding of the subject regarding property lines, is that once a line is established it just shifts to the other owner after a certain number of years. The fence was in before we moved in 14 years ago.

When we moved into our house (brand new) - the proximity to the other neighbors house was about 12 feet (more or less). I decided to put up a vinyl fence in our back yard. I hired a survey company to come out and determine the EXACT property lines. They did and we put up the fence.

The neighbors were livid. They were CERTAIN that we had violated their property line so they brought out their own surveyors. Unfortunately, they were not happy. The problem was that where our fence started - left them about 2 feet to attempt to manuever a law mower through.

So, they had to go on the other side of their house to get through.

Point? Bring out a surveyor and let HIM determine (legally) where the property line is.
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Old 05-18-2018, 08:09 PM   #14
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Quote:
Originally Posted by kccrow View Post
Where I live, whatever is on your subject property you have free reign to chop off, chop down, whack, whatever unless it is part of a protected wetland. If it's on their side, it's their problem. The fence is negligible. Apparently, it's 100% on your side and your problem. If you have 5 feet of property on the other side of that fence, you can go mow down every inch of it and they can't say shit.
you can do whatever you want with what’s on your side of the property. but you can’t spray it to kill it if it’s going to kill their side too.
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Old 05-18-2018, 08:09 PM   #15
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Do they like the growth weeds? If not spray or cut it for them and be done. If they do. Just have it removed while they are gone. If they ask you didn't do it, must been the city after calling them up on what can be done.
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