Property Dispute

[Nativity]

What is the name of your state (only U.S. law)? Pennsylvania

My Step-Dad and his neighbor are in a petty dispute over approximately 3 feet of grass. It all started when the neighbor gave my SD flowers to plant, the neighbor helped my SD plant the flowers and helped remove the grass as well. And is now saying "I think they are on my property".

My SD had the property surveyed this past Tuesday and it was discovered that my SD does in fact own the area the plants are in and the additional 3 feet.

After the survey was done the neighbor tied rope to both ends of the posts, I guess to prove who owns what? The intent of doing so isn't clear but the rope is tacky and it's now starting to cut bushes that are along the line in half.

My SD wants to know if he can remove the rope from the posts that he paid to have placed in? He contacted the borough manager who told him that he couldn't give an answer due to half of the post is on the neighbors side. Which is why I am asking here before he goes to a lawyer over some rope.

It also makes it difficult to cut the area with a rope hanging around.

One other question: If the neighbor attempts to remove the posts from where they are, does my SD have any recourse?

 

[libra58]

I may be wrong, but here's my 2c. I think as long as the posts are "on" the line, they would be considered a common structure ..usually fences are installed w/ a 6" setback into the owners property eliminating this type of dispute..Perhaps the posts should be setback a specific distance from the boundary..after which the neighbor would be more or less trespassing if anything was attached to the posts within your boundary...this is just my opinion

 

[154NH773]

If your SD paid to have the stakes put in, he can remove them.

Before he removes them, he should get some rebar or copper grounding rods and pound them into the ground down to ground level. Place them in the holes where the stakes were removed; that way you have a permanent corner markers.

If you want to get technical (unnecessary in my opinion) you can have the surveyor install the corner markers in a similiar manner.

 

[Nativity]

This situation just got a bit worse this past week and my Step-Dad could use a legal opinion.

He had the company that did the survey come out and place rebar in place of where his property is, and stated that the rebar is completely on his property only not 50/50.

Well my SD believes the neighbor he's been feuding with has removed the one rebar stake from the back of my SD's property. The police were called and they are still investigating but the Cop said that without the neighbor admitting it he really cannot do much. The Officer stated that if he is able to get "proof" or even a witness that may have seen the neighbor and his son remove the rebar then he would be charged with a misdemeanor (PA 3312) and suggested that my SD get the property re-surveyed.

As it stands now the Officer stated that the one neighbor he spoke to said they hadn't see anything, but that he is still investigating the matter. It actually got ugly on Friday evening resulting in a drunken shouting match between my SD and the neighbors in front of the Officer.

It's pretty much at a stand still right now but my SD talked to the company that did the survey and they said they will do a survey but that my SD's best action would be to consult an attorney. My SD is wondering if he should proceed to consult with an attorney or because as it is right now there is no evidence so would there be a point?

One more question, the neighbor stated that my SD had no right to remove the rope as the posts at the time were part on his property but the Surveyor stated that the posts and everything were completely on my SD's side, so did my SD have the right to remove it and even if it were 50/50 wouldn't he still have a right since half the rope would be on his side yet?

Thank you.

 

[154NH773]

When I said put in rebar or grounding stakes, I meant 4 foot long ones that for all pratical purposes can't be pulled out without a winch. Most surveyors only put in 18" of rebar.

I agree with the police who said they can't do anything without proof. That's why you need markers that can't easilly be pulled out. Pound them down until they are flush with the ground and can't be gripped. If you can't find them in the future, a metal detector (available at rental centers) can locate them.

I wouldn't even worry about removing the ropes if no charges related to that have been filed. As I said before, your SD installed the posts, and he has a right to remove them. I don't see any way that a temporary corner marker can be construed as a "shared fence".

I am not an attorney, so everything I've said should be taken as my personal advice, and I'll defer to anyone on the site that has actual legal knowledge.

One question; How did they get from planting flowers together, to drunken shouting at each other?

 

[Nativity]

One question; How did they get from planting flowers together, to drunken shouting at each other?

That is just how the neighbors have always been. Since the day my Mom and SD have moved into the house (2 years ago) the neighbors have either been nice, inviting my parents to parties and such and then being the complete opposite.

Just the past weekend my parents were out on their deck just hanging with friends and listening to music, decent music at a low level and the neighbors decided to attempt to drown out their music by blasting some really not so decent music. It's has gotten quite childish, all over plants that the neighbor helped put in.

I appreciate the advice and you taking the time to help us out with this. The Officer has referred someone he knows to my SD who is going to replace the rebar and install them in with cement to make it so they cannot be removed again.

I did want to add that today the rebar magically reappeared but this time more towards the neighbor's property.