GET THEE TO A LAWYER!!!!!!

Sorry to yell that, but that is the only and best advice that you need. If you aren't careful about how you proceed, you may actually end up losing the ownership of that property.

Good luck, and keep us posted.

I second the above suggestion. Encroachments such as you describe can be very serious matters. One of the dangers is that tolerating an encroachment can create a legal easement that is difficult to undo. Such an easement created by "traditional" use can be passed along with the deed to the property unless legal steps are taken to prevent this.
QC

Definitely get a lawyer good at real estate law. It may only take a well-worded letter from a lawyer to get them going. And make sure it has a specific date. You may have to foot some of the bill for new fencing, though. Normally, neighbors split the cost of shared fencing here. In Texas, if you don't refence, and they continue to use the land as their own, it eventually becomes theirs, basically through squatters rights.

a lawyer definately (what a shame)and a fence. if you don't plan on running livestock, you could put up a relatively cheap fence just for a border marker. like a 2 strand "electric" fence. please keep us posted on how things are going.

Weed grower is right that a lawyer will be your best ally in this situarion. Meanwhile, you might ask them, "how their plans for the move are comming along." Do they need the name of a contractor or bulldozer opperator or whatever might be appropriate. You can gague your next step from whatever thier response is.
Better to start with a positive approach and see how that works if you hope to maintain a workable long term relationship with these people. Just don't let it drag on. You have already been very "nice". That is a good way to start but you can't afford to be too nice. As pointed out above, it could cost you your property. the driveway area may already be too late, depending on how long they have been using the right of way.
good luck and keep us posted.

Well, ddunbar, I could spread this out and sugar coat it so everyone feels warm and fuzzy...but, the bottom line is this. You are going to have to get tough.... or get over it. If you want the fences moved you need to tell them, in writing w/a specific date, registered letter of course. If you want the driveway and the horses moved, you need to tell them, in writing, with a date and a consequence. You don't need to tell they why because it's none of their business. You own the property and it's your right. However, make sure they have no legal right to the use of the property such as Adverse possession. I also thought I was buying the 'perfect little country home' 3 years ago where I could bake cookies for my neighbors and hold plant exchanges...LOL, that was short lived by my immediate neighbor who commenced to chain saw my Gazebo to the ground and poison my show dogs, throwing us into litigation for 1.5 years. Ruined my credit and almost my marriage. It's a tough world. These folks don't seem to either be able to accomodate the time frame right now or they don't want to. I'd talk to them first, of course, and pay close attention to their attitudes and tone of voice and take it from there. Or, I believe you have the option of removing the fence yourself, from your property. Jim

Well, it seems we have made a little headway. Thanks to all who have been kind enough to give us advice and understanding. GW is the greatest place!
DH talked to the neighbor a couple of days ago. Seems the neighbor cannot afford to put in the driveway. DH came to a verbal agreement that we will draw up a contract and lease it to them for $10 a year. That way, under Indiana law, we will not lose rights. DH gave the neighbor one week to move the horses. On the fence, DH mentioned to the neighbor that we would be straightening out the fence.
However, the neighbor said that if we pushed the issue, he may have to move; again the no money issue. Offered to let us buy it! Wish we had the funds!
I'll update everyone in a week or so whether or not the neighbor follows through with the horses. I hope we don't have to go the attorney route; very expensive!

It's been a week or so. How is everything?

Miztiki... funny you should ask.... hahahahehehehohoho... the plot thickens!
Another fellow that lives nearby (and has been in the area all his life) had a little chat with our neighbor in which our neighbor was complaining that we wanted our land back and we wanted him to build his own driveway... well, wouldn't you know, this OTHER fellow let our neighbor "have it" and told him he can't control what isn't his! Long story short, our neighbor also poaches mushrooms from other neighbors' land and dumps non-burnable materials on others' lands.
And he (the neigbor) pushes further... he closed the gate across the driveway so his horse could have more roaming room and he parked his truck on OUR property for two days!
Here's the clincher... the neighbor told the other fellow that a lawyer told him he could claim our land because he had built a fence on it!!!!! The fellow about busted a gut and when he could breathe again he told the neighbor he (if he were us) would go to court without even counsel and there wouldn't even be a fight.
So... there's a new law of the land?... build a fence on it and it's yours???? Wow.. the whole world would be covered in new fences all the time.
We have determined we will indeed have to send letters via an attorney to advise the neighbor to build his drive immediately and to be prepared for his fence being moved.
We have researched and Indiana law states a valid survey overrides any fencing in land/property boundries. We have that valid survey as well as visible stakes.
.... and on we go....

It sounds like your neighbors are going to be a cause of friction for the forseeable future. It would be nice if you could come up with the money to buy them out, or perhaps find someone who would be willing to buy it that would be a better neighbor. I'm sorry for your troubles. Wouldn't want to be in your shoes, that's for sure!

I hope you find a good, cheap lawyer who is able to persuade your neighbors into staying on their own property with a convincing letter so that court action is not necessary. I wish you the best, and please let us know of any new developements.

Take care! ~ Miztiki

ddunbar,

Are you aware of rural fencing laws? If you are building a property boundrary fence. The cost of the fence is shared 50%-50% by the ajoining land owners. If one of the owners refuses to build or pay for his share the county commissioners can order the fence be built and put a tax lean on the property to recover the cost.

Don't know if it would be wise to go this route but it is interesting that you could.

I didn't believe it at first when someone said it about a western state but I looked it up in the Ohio Revised code and there it was. I am sure IN has a similar law. This may also be a good threat if he resists your move to take back your land. interesting anyway.

This is second hand info, but I think it goes along with this dicsussion. I was complaining to a friend about my neighbors yucky bushes going over onto my property a few feet. (I know it is nothing to the extent you are talking about) She is an attorney's wife and I asked her what I should do. She said to just try to take back the prop myself, prune back myself and everything since it was actually mine. She said if it goes to court, what they look at now is who has been maintaining the property. She said that since the bushes have been growing on the property for several years (I bought lot a year ago) I could lose property. I think it is wrong, too, but ..........

Good Luck,
Betty

Here's small excerpt from an article written by David Ford, General Counsel for Indiana Farm Bureau, Inc.

"...The legal requirements for gaining ownership of someone elseÂs property are rather strict."

"First of all, the Âsquatter must continuously exert open and notorious control. That means that the adverse possession must be so visible and clear that the record owner should be fully aware of the existence of the encroachment. It must be the kind of situation where the non-owner would be exposed to a lawsuit for trespass and eviction at all times during the time of the possession."

"Also, the wrongful possession must be continuous and uninterrupted for at least ten years."

"All this means that, if you think your neighbor may be infringing on your property, you must take some legal action to get the issue resolved within ten years or you may lose the right to recover your property."

"Also, successive periods of possession by different persons may be tacked together for computing the ten years, so the sale of the neighbor's property wonÂt help."

How long was he using your property before you bought it? Did he pay the previous owner rent?

I think I'd have a lawyer make up a bill for use of the land and include notice to vacate the land. That alone should protect your ownership. If he refuses pay the bill, you can evict him for non payment of rents on the land and the sheriff will come out and force him to remove his animals from your property.

It won't make for a friendly neighbor, but his actions so far don't seem non to friendly.

Here is a link that might be useful: Adverse Possession - Whose Land is This?

since you haven't added to this thread since May, please let us know what happened to solve this situation with YOUR land being used by your neighbor.

Start Charging them rent for the land.give them a few weeks or till spring to move and if they are still on your property then charge them rent and send them a bill.

Well, its 11 months later. What happened?

I have a similar situation, but it's with my late husband's family. Since my husband was a bodyman by trade, there were always junk cars and sheet metal everywhere and he even let his family park their junk in a remote area of our field. Shortly after my husband died, I put a padlock on the garage door because I noticed that things were coming up missing. Well, doing this must have lit a big fuse because I received several "chewing outs" over this move from people who said they were "hurt" by my selfishness. I explained that I was hurt by their neglect in letting me know when they "borrowed" things. Of course when they told the story to people they had to throw in that I was probably doing drugs and was out of my head.

Last fall I made a few phone calls and asked them to decide what they wanted to do with their junk vehicles and told them I wanted them out by spring. My husband had been gone for three years at this time. My brother-in-law and his brother brought somebody up who was supposed to haul EVERYTHING away. Well, this guy hauled all the large stuff and has left all the scraps, not to mention tires and gas tanks he was supposed to come back for. I called my brother-in-law and was given a number to call the guy myself as it was now my problem.

I have since learned that he has been badmouthing me because a transmission he had stored in one of these vehicles was missing and that he suspects my future husband stole it. I have done nothing to these people except stand up for myself. I get along very well with the majority of my inlaws, but these few really want to make my life hell!

Well, here's the update. Finally!
We have seen an attorney and a letter is on it's way (regarding our driveway). Not to our neighbor, mind you... but to the person who owns it. The neighbor's property is being sold on contract, so we had to send it to the contract holder. We were advised that once he receives it "technically" we do not have to allow the usage of our driveway. Now, if they disagree and we have to go to court, the worst they can do is insist we continue to allow some sort of access. BUT we can MOVE the driveway AND put a gate and lock on it.... basically make it a pain in the rear for them. Our attorney ( a title company attorney)says if it does go to court we have a very strong case and have a 95% chance of winning.
Now, about the fence... we will just have to build the new fence and go from there; see if there is any negative feedback.
DD

Well, this is something I've had to deal with as well. When we bought this place, the person who had it before us had an old non-running tractor sitting in the middle of the doorway to the barn. It was supposed to have been moved before closing. It wasn't. To make a long story short, we had to send him a letter to come get it before a certain date or it would be considered abandoned property and would be disposed of.
I think this is what you are going to need to do. It's sad that you have to handle relatives of your husband's family this way, but it's certainly kinder than the way they are treating you.
Regarding the removal of everything else, it is ultimately your responsibility to remove the stuff. I'm assuming the relatives have no desire to claim it.
Your lock on your property... good for you. It is rightfully your stuff and shame on THEM for STEALING from you... which is what they did. Unless it was in your husband's will that they were entitled to it and they had made arrangements with you to pick up said stuff, then they were illegally seizing your property. DON'T feel bad because of their behavior... it is NOT reflecting bad on you! Anyone in their right mind is going to realize these people are ripping you off and getting mad because you wish to stop them. If people CAN'T see that, then their opinion isn't worth much anyway. If all else fails and they continue to harrass you... get a restraining order. Again... YOU are in the right... you have done nothing wrong... you've given them MORE than enough time and you've been much nicer than you should have been.
DD

I am planning on putting a fence up in my yard and have had several fencing companies come out with an estimate. The problem is my neighbors fence angles into my yard and then they planted bushes into my yard 2.5ft. I found out a year after they were planted and have asked them several times to move them back as I will be putting a fence up. The neighbor keeps making lame excuses. I had financial problems and it's two years later and am budgeting for a fence next spring. THe neighbors bushes are now 10'tall and about 6' into my yard. They ignore me, I showed them my deed and asked to see theirs - still waiting. Should I hire an attorney over this? It's going to cost me extra money to dig up their 10+ bushes - which doesn't seem fair as I asked them as soon as I was aware. ANY SUGGESTIONS?

"The problem is my neighbors fence angles into my yard and then they planted bushes into my yard 2.5ft. I found out a year after they were planted and have asked them several times to move them back as I will be putting a fence up. The neighbor keeps making lame excuses."

Send the request certified mail (with so many days to respond) and see if they still ignore you.

Do you like the bushes? If so, don't bother digging them up. Build the fence around them and enjoy the privacy they bring. Sounds like you might need it.