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Old 05-18-2018, 07:29 PM   Topic Starter
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, 11:37 PM   #3
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Old 05-18-2018, 11:39 PM   #4
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Old 05-18-2018, 07:35 PM   #5
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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, 07:40 PM   #6
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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.
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, 07:44 PM   #7
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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, 07:49 PM   #8
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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   #9
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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 11-21-2019, 09:32 AM
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Old 05-18-2018, 07:45 PM   #11
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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:
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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, 08:59 PM   #12
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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.
Eminent domain has nothing to do with this. Boundary laws are State specific I am a RLS in several States. The surveyor follows the boundary laws for that state but in the end any dispute of property lines is settled by a judge who has many options that can override state statutes. I imagine what you have is a mortgage survey to close your lone. Its not worth the paper its written on get a real survey where pins are set and encroachments located and shown on certificate. Talk to a land surveyor ask them to price a corners and encroachment survey and set fence line stakes.
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Old 06-08-2018, 08:49 AM   #13
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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.

Adverse possession.

Eminent domain is when the government takes your land to build a highway on it or whatever. That isn't this. This is adverse possesion, which is when someone openly and obviously claims someone else's land for a sufficient period of time.
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Old 05-18-2018, 08:09 PM   #14
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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.
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, 07:35 PM   #15
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