Should I Ask My Neighbor To Stop Being So Neighborly?

[arwalden]

Both my neighbor and I own about one-acre of property. There's a small creek (okay... a storm water ditch) that runs along the edge of my property. The ditch is about 10-15 feet away from the actual property line. I own the property on BOTH SIDES of the ditch... and the ditch is *not* a natural dividing line.

My problem is this. Whenever my neighbor mows HIS lawn, he crosses the property line and goes ahead and mows all the way to the edge of the ditch. There's nothing wrong with HOW he mows... it looks good, and it saves me about 5-10 minutes of mowing time. He's doing it to be nice (and I think he's still enjoying the novelty of having a riding mower).

However, I do have a couple of things that I'm wondering about.

1) What if he hurts himself while mowing MY property? What's my liability if he's mowing (uninvited, unpaid, uncontracted) on my property and he has an accident. For example, he could get too close to the edge of the ditch and both he and his riding mower go tumbling in.

2) Although I doubt he's the type to do such a thing... is it possible for someone to try and expand their OWN property boundary by encroaching on someone else's property? You know... by claiming ownership because he maintained it, and because the actual owner "neglected" the property, and because the actual owner said nothing to stop or prevent someone else from "adopting" the patch of land.


I'm more concerned about the first question... I'm just curious about the second question.


-- Allen

[cleofus1]

1. after a few years he may be able to lay a claim on your property...

becouse he has maintained and improved it...

i saw it on an episode of green acres so it must be true

[Sydnie]

5. That is actually true

You need to ask your neighbor to stop mowing that lawn. I believe it is a period of 9 years that they must maintain it before they can claim it as theirs, so nip it now before it becomes an issue. I have had to bring these issues to my neighbors attention several times over the 20 years I have been here. You might want to plant some small bushes or other plants closer to your property line to remind him to stop on his side.

Good Luck!

[Shell Beau]

8. That may be true, but

I am sure he has to maintain it and he be the only one maintaining it while no one claims it. There are adverse possession laws, but they are rarely enforced for instances such as this. I think he is just being a nice guy by doing it. I'd let him. I would bet that he would never win in court if he ever even attempted to. Plus there are always trespassing laws!

[Sydnie]

14. He would win in court if he had never been put on notice by the

true owner. The owner must object to the action to protect his interest. If he makes no complaint of the neighbors actions, the neighbor could say that he thought it was his property and had never been told by the owner that he should cease his care of that property.

This guy might just be a nice guy, mowing to make his property look good. He might be a nice guy now, but that could change in the future. Better to establish the line now and be done with it, IMHO.

[Shell Beau]

15. Well if the OP also maintains it, then that goes out the window.

[Beware the Beast Man]

2. If you're on good terms with your neighbor, I'd let it lie.

There's no sense bringing it up unless it becomes an issue. I'm sure there's a casual way you could broach the topic with him.

[Shell Beau]

3. I wouldn't worry too much about it!

My hubby mows part of what is not our property just b/c he is already over there and just to be nice. Just let him do it. It helps you out! Some people are just nice people!

[seemunkee]

4. Do you talk to him?

Tell him you appreciate it and that he doesn't need to do it. Mention that you are concerned about his rolling into the ditch and liability with it trying to sound like he is law suit crazy and see how he reacts. I assume you have some liability insuance with your homeowners. You could call your insurance rep and run it by him/her.

Not sure how it works but he could claim an easement that may cause you problems later if you decide to put up a fence or otherwise use that part of your property

[El Fuego]

6. He is probably doing it for his own satisfaction

Not so much to be neighborly. If your part of the property adjacent to his wasn't maintained, it would make HIS property look unsightly. Since he has a riding mower, it is probably easier to just go ahead and do it himself, instead of having to bug you to do it.

[Shell Beau]

10. That is a good point!

[barb162]

7. I have the same problem except it's a swale and I own about 4 feet

on the other side of the swale. The neighbor always mows to the bottom of the swale, the kids and parents play to the bottom of it and their dog uses that side of the swale to do its duty. Not to count the number of times they are on the rest of my property like they own the whole place. Despited repeated times telling them they shouldn't be on my property, it's in one ear and out the other with those pugs.

Yes I also worry about them hurting themselves here when they shouldn't be here in the first place, plus their kids bring other kids here. I know the laws of each state are different.

A realtor friend of mine who also happens to own a fair number of rental houses had this problem with his neighbor and he wrote a letter to him telling him not to mow or use that area. Same thing with fencing...if the fence veers off somewhere on to your property I think you have to tell them to move it.

[sui generis]

9. don't worry about it for exactly those reasons

you didn't invite him to do it
you certainly didn't contract or pay him to do it

-- you have no liability if he hurts himself, provided you don't have what could be construed as an active hazard. Technically, if a neighborhood kid fell in your "creek" and drowned, you would similarly not have liability, as it is an unreasonable standard for you to have to cover or move the creek (not the same with swimming pools, unfortunately).

As to #2 - Metes and Bounds are all that matter. If he ever does "encroach" that's all you need for a cease and desist.

Finally, just talk to him. Tell him you really appreciate that he's cutting your side of the creek, but please be careful because it's making you worry a bit. You will reinforce the notion that he's cutting on your property and convey concern on his behalf should he accidentally mow his foot off, step on a live wire and blow his ass into orbit when a spark catches the dripping fuel line on his mower.

[Mizmoon]

11. Put up a fence

Good fences make good neighbors!

[barb162]

13. yes they do

but they also cost a hell of a lot of money

[Wickerman]

12. Both are concerns, I believe

I have a family member whose family for 25 years has maintained a bizarre little triangle of land that abuts their property but is not theirs. The owner lives miles away and the property is unusable for building, anyway.

The owner of property recently told my BiL that he would sign the deed over to him for 1$ because he had been made aware of the statute that said he (my BiL) could lay claim to the land due to maintenance for more than 10 years, iirc. He didn't want a legal fight, didn't care about the land, and, of course, wanted to stop paying taxes on it, even if it amounted to small change every year.

So, yeah, there is something to that. I would just keep mowing the land, right after the neighbor. :)

My question, is there a variance (or easement) for the ditch? Does, perhaps, the City, County, whatever actually own the ditch? They would be liable, I'd say if that were the case. Of course, even if you do own it, proving you liable for someone who is stupid enough to drive into the ditch could be tough. :shrug:

As with anything here in DU land consult a real lawyer, not just idjiots like me who have opinions about anything and everything and no real expertise. :D

[arwalden]

22. Your Question

<< My question, is there a variance (or easement) for the ditch? Does, perhaps, the City, County, whatever actually own the ditch? They would be liable, I'd say if that were the case. Of course, even if you do own it, proving you liable for someone who is stupid enough to drive into the ditch could be tough. >>

Yes, there's an easement/right-of-way that extends about 10' on both sides of the ditch. That prohibits me from doing any property development other than landscaping or gardening. No building of ANY kind can be errected there... but I did find out that I *am* permitted to build a semi-permanent wooden footbridge so that I can easily drive my lawn mower to the other side. (Good thing... because I had already built the bridge BEFORE I realized that I might need a permit or permission.)

-- Allen

PS: Thanks for checking-in on this thread and sharing your thoughts!

[Blue Diadem]

16. My agent told us we are responsible for any injury that happens to anyone

on our property. She said we should at least carry a million dollar umbrella policy to protect us. I asked her opinion because we were dealing with snowmobiles running across our rear property and lots of kids going through at night after curfew hours.

Your 2nd question, I believe depends on the intention of the person doing the mowing, the state laws, local laws etc. In my area, several neighbors have told me if you mow it, you own it. I've never fully checked into it, we just planted fence rows of arborvitae trees to handle it, which more than upset a few neighbors.

Thirteen other properties adjoin ours and a few thought they owned our property from mowing sections of it for the previous owner, a single mother. From what I've heard, laws require a claim with legal fees before than can happen.

Might not hurt to check out your state laws and just continue to mow where he already mows.

[cleofus1]

17. when i need free legal advice

i always refer to old episodes of green acres...in a pinch

gilligan's island will do...

[sniffa]

18. the responses gave me an idea

i just have to find an unkept piece of Land and start maintaining it.

[caty]

19. When in doubt--

talk to an attorney.

[sundog]

20. over friendliness makes me nervous

maybe he wants your ditch :P

[QueenJane94133]

21. Simple solution

Plant a tree or put a flower bed over there. It doesn't have to be much of anything just something to "stake your territory". It will let him know that you are aware of where your property line is and will add to your landscape!

[arwalden]

23. Maybe A Field Of Wildflowers.... Maybe?

No muss... no fuss (until the fall).