Seems there are folks from every walk of life on here so here's a question for those of you who might know something about these topics.

I have a piece of lakeshore property and as you can see by the photo, my neighbor to the north has a building which seems to be sitting partially on my property according to the GIS lines. No big deal to me, I want to be a good neighbor and I'm not interested in causing a stink, I've never said anything about it to him. It's just a pole building he stores his boat in. The GIS lines are not legal anyway.




So now he decides to build another building and pours the concrete pad which appears to also have a corner on my property. I put a box on the pic where it is located. So I decide to contact him and chat about it. He says he doesn't know where the property lines are exactly and he's sorry if it's on my land. After some discussion, he stops construction on the building and calls a surveyor. The surveyor says it will be $2500 to find the property line. The neighbor then calls me and asks if I'll pay half of it. At first I figure that's fair enough but after thinking about I'm not really sure why I should. I finally told him don't worry about it let's just live and let live, which he seems okay with but now it's been 6 months and he has not continued building. Gotta feeling this isn't over.

It's really not worth it to me to pay $1250 just to know where the property line is. Should it be? And the next question is, if the buildings are actually on my land, What are my options? Sell him a slice of land? Is that worth all the trouble?

Looking for advice.

UPDATE:
based on the advice below I called the county zoning department and asked about setbacks. There is a setback requirement of 10 feet for both buildings so I am certain he is violating that, even if he's not violating the actual Line. Everyone I have talked to in the zoning and land departments are telling me that the lines are spot on. I guess my only real choice at this point is to sell him a slice of land. If he's not willing to buy the land and pay all the costs, I guess then we'll decide where to go from there. Interestingly, the zoning department checked and told me that he has not applied for a building permit yet.

Assuming they use metal pins, if you have a metal detector you could find the pins yourself.

You can buy a 300’ tape and use a metal detector to find the stakes if they are still there!! I done it. Only problem I can see, if he sells his property or dies and the kids sell it. I would try and find the line and put up a fence. Fences make good neighbors.

A good neighbor doesn't build on his neighbor's property.

If you as the trespassed party do not act or make some sort of prescriptive action you may, note may, fall afoul of adverse takings. Basically the neighbor may be able to make a claim of use of a period of time without action on your part defaulting to him some sort of right to use or ownership.
But I said may as all states are different in their laws.

Also I applaud you in wanting to be a good neighbor but you really do need to have that property line locked down and clearly marked. Good fences make good neighbors, you know.

I see but two ways to resolve this. If both are amenable to it, split the costs as both will benefit. If not then file suit for trespass and ask for him to foot the bill.

Or within 6 to 10 feet

I had a 2,500 survey done when I bought my 23Acres

Well worth the $$$$ worth more than a new well etc..

Yes get the Zoning guy out there to inspect. But straighten it out now!!!

After my survey, the assumed tree row edge was all mine, I gained 2 acres on the back side that wS "assumed" the neighbors.

In this case I would split the bill as no one seems to be absolutely sure where the line is. I wouldn't risk a war if something happens to him or his property. I may not fence him out of is buildings but something legal in writing would need to drawn up and filed if in fact part of his buildings are on your property. I wouldn't make a big deal of it but I have to ask. If you don't know where the property line is (meaning your neighbor) why in tarnation would you build something right on where you think the line is?

Dealing with a huge issue for the last few years over the same thing. Good neighbors letting family neighbors impose on where they "think" the line should have been. All fine until that generation passed and now multiple children/family members come with their hand out wanting their piece of the pie. Yet they want "someone else" to figure it out. FIX IT NOW and don't pass the problem on.

Consider selling him a slice off that edge of your property...............but at least establish where the actual line is and that he is encroaching.

Your deed should tell you exactly where the property markers are. You and your neighbor should look for the ones designating the north border of your property. It might be difficult to string a line from marker to marker or get a straight line of sight with it being wooded there though.

I own an odd shaped lot of several acres where I live now. My deed specified multiple markers, some where steel pins (some buried in the road frontage) others were concrete monuments. The deed specified directions and distances to each marker. I used it to find all but one which was a missing concrete monument that was taken out by a snowplow years earlier.

Same with my camp parcel. I used the deed to find all the markers on that five acre tract.

I don't know if all deeds are like that though.

If it's not a big deal to you I would just drop it which sounds like what you did. I wouldn't put up any money to find out if he is encroaching on your land though. That's on him.

Also, most places have township ordinances that specify certain setbacks from property lines. He is no doubt in violation of those (if your area has them) if his building is that close or over the property line.

The longer you let this go un determined it will get more intrusive first the building then the concrete ECT ECT. You may be out money but get it survey. If he's on you he will pay for it one way or another if not you will know for sure.

^^^^^^
THIS
If the original Corners cannot be found and/or you don't have confidence in those original corners, then I would without hesitation split the cost of the survey with him. I don't think he's being at all unreasonable. If you knowingly let him build there, it then becomes what is known as "open and notorious use", then, after a certain period of time which in most States is 7 years, some ten years, the property becomes his by "adverse possession".
Allowing this to happen, even if he never claims adverse possession, will affect your property's value and can hinder your sale of the property if you try to sell it in the future.

Get the survey. Eliminate so many potential problems.

Most municipalities have set-back requirements for primary residences and accessory buildings to prevent a situation like this occurring. I am code administrator for the township I live in and a detached garage is typically 5 to 10 feet off the property line depending on the zoning classification of the parcel. Minnesota may be different but in addition to the property line conflict the neighbor may be violating zoning code.

As a side bar, we had a lake resident add a patio on "their" land and absentee neighbor didn't have an issue. When neighboring property sold, survey revealed the issue. New property owner sold the patio owning neighbor a 10' strip (5 feet for the set-back and 5 feet for the patio) for a nice sum that cost more than what the patio addition was.

Dave

My wife is a surveyor and after the stories I have heard my advice is to hire your own surveyor and ask if the neighbor will split the cost. Don't go with one he hires...either way. Definitely get it done

Good idea!

You should have your lot surveyed and split the cost with him. Lol

$2500/4=625.00

$625/2 =$312.50 is half the cost of surveying the common line.

Better pay attention to adverse posession and/or color of title laws in your state as mentioned above...Whoever pays the taxes on the affected property bears a lot of weight, but so does open and notorious possesion like fences, buildings, and upkeep...And the more time that goes by, just gives a possible advantage to your neighbor.


As recommended above, get a surveyor to mark the property line.

Get it surveyed and split the cost, if the building is on yours then sell him a strip of land at the going rate. I will bet you come out ahead.