...and started making it beautiful...

...and thought everything was okay, until...

This afternoon, when my "neighbor" rolled up in my driveway. I bought a ten-acre property recently, with a pond on the north end (pic attached, with Zillow property line). A few days ago, my husband started to work on mowing our property that borders a neighbor's property, that has a finger that is a small tract between my property and another property -- that they use to access a 69 acre+ plot.

Never said hi once, until they saw him mowing. First, day the lady comes by herself, asking questions, under the pretense of "neighbor" but spends more time telling me she and her husband own this, this and this. I suspected she was just posturing. But today, she came with her husband -- who I now know has had disputes with others in the past -- who proceeded to tell us the north end of the pond's dam is divided by the property line. None of the water lay on their side, but he said it was "disputed" territory and that the person who sold it to us did so "hastily" when they found out that the line was on the dam.

So, my question is: what implied consequence for the pond exists due to the property line? What is it that he was not-so-subtly warning us about?? What could he do?

Any information would be helpful. Thank you so much and I'm sure you'll see me on here, or at least I'll be lurking, reading!

Welcome to Pond Boss.

I'm unable to see the picture, but be aware we're having some forum issues with posting pictures right now.

I'm not an attorney, but I would think that the starting points would be having a real survey done as well as appropriate title searches.

How was the land purchase handled?

Also, your state may have some specific laws about property lines.

I would have thought there would have been a title search at the time of purchase and in the future I would suggest never buy any property without a survey. I agree with Sunil, get a survey done and have them mark the property lines. Most likely will not make the neighbor happy if the line shows him to have less than he thought. Bad neighbors are a pain.

The title search was done and the contract has the survey measurements on it. It didn't seem to be in dispute -- but it was just strange that the guy pulled up in my driveway to tell this tale. There are posts that mark the property lines -- like PVC pipe, that go beyond the dam -- but it's not the metal things that are supposed to be in the ground. The pond was put in over 20 years ago.

Through a realtor -- and the title search was done. That's what I was thinking -- my brother was saying something the other day about structures 20 feet from a property line. Is this guy just posturing? Wanting me to know that he could do "something," if I don't watch my Ps and Qs or something?

This might help with the pic:

https://ibb.co/GnZX7X3

Sounds like he might be saying he could take out the part of the dam on his side if you don't please him. Having the pond that close to the property line would make me a little anxious. But, if he does something on his property that damages your property, he would be liable. Kind of like cutting down a tree in his yard that falls into yours, damaging your property.

Here's the picture:

If you have a fresh survey done, and it shows you to be in the 'right,' the neighbor either accepts it, or has his own survey done to contradict yours.


From the picture, it looks like a close call, so I'd want this laid to rest sooner than later.

Around here, if two surveys do not agree, the county surveyor has the final word as to who is right. After that, it would have to be litigated if not accepted, and that could cost more than the land is worth.

I will say the "20 foot from any property line for structures" is usually something you might see in a platted subdivision or a part of a OWNERS ASSOCIATION. May not have anything at all to do with your situation. I don't know the real estate law in South Carolina. It may be way different from Texas!! Did you buy Title Insurance? Is the survey a recent and certified one? Does it show metes and bounds ? Does it have the surveyors name on it?

Thanks for the responses -- I mean, it looks like the line runs through the dam. The GIS information shows it running through the dam. I'm trying to round up the worst-case scenarios. So far, there are two:

1. He takes out his part of the dam. Can't I just reinforce my side?
2. He says it needs to be 20 feet (if there's a law -- and it's Illinois) from the line. Can't I just fill it in on one side and expand it on the other?

I can also offer to buy some of the surrounding land. He does want to sell.

Is there anything worse than these scenarios?

I just want to get back to enjoying my pond!

Brash people may only understand brash language.. I would walk across and ask exactly what his intentions are and why he felt the need to tell you that/how he told you that. It's possible the neighbors have no bad intentions, just lack normal interpersonal communication skills. Never know what previous neighbor conflicts were or who was right/wrong. I think it's best to know so you can limit your conjecture to reality. Just my $0.02.

You wrote that your first contact with this neighbor happened after your husband was mowing outside of your property line in an area the neighbor uses to access his field. Your husbands good intentions may have been misunderstood as an intent to represent the mowed property as yours. That narrow strip of land may have been a source of contention between the prior owners of your property and the neighbor. Especially, if your property was neatly mowed and that strip was neglected. Is there a fence separating the properties? My suggestion is for you and your husband to pay them a visit with a platter of cookies and a handshake. Then ask them to express any concerns they may have. Heck, he may just want to fish in your pond. Good luck.

It might be worthwhile to explore the deed history of your (and surrounding) property. I would want to know if your property was part of a larger tract at the time the pond was built. If it was, then someone divided it along the current lines knowing the pond was there.. If not, then your neighbor may have watched bulldozers treading on his land and he's still sore about it.
Your property lines are not logically drawn. They are the way they are for some reason. Your neighbor's access to his field may have originally been an implied easement that was codified in the not-to-distant past. Country folks can be ornery until they know you are not a threat.

I like dg84s cookies and handshake idea. Always best to avoid conflict if it can be avoided. Give them a hearing about their concerns & listen. Only take the next step if kindness doesn't work.

There is a reason for the old saying "good fences make good neighbors. I put up fencing around our new land right after the staked survey, but its just a property marker. Except during deer season, our neighbors are invited to walk our trails, and one neighbor traps, fishes, and hunts morels here as well. The fence is just 2 strands of barbed wire at 21" and 42". One neighbor is now using it to partially fence in his 2 horses who both seem smart enough to stay out of it. A person of average fitness can easily duck and pass through it, as can deer, but the antlered ones just jump over.

I agree with dg84s in that those property lines don't make logical sense. The property was surely divided after the pond was build. It wouldn't make much sense that when dividing the property, they decided to give the neighboring property access to your pond. Only way to confirm it is to have a survey and perhaps put up a fence on the newly marked line.

I believe in NE if the realtor did not tell you about the dispute, then they are the ones liable and would have to buy the property back from you. If they did not know about it then the seller did not disclose the dispute and then they would be liable to buy it back.

Sounds like much ado about nothing. That said I would have my own boundary survey performed just to know where the property lines actually are.