Posted by John in La on February 05, 2011 at 16:58:13 from (68.222.11.182):
One side of my property follows a ditch that is just wide enough you can not jump across it. Hardwood bottom land that floods about 20 ft on each side from the ditch with a heavy rain.
The line zig zags with 5 stakes along the line. 4 of the stakes are on my neighbors side of the ditch and 1 (middle one) is on my side. From the road the first 4 stakes are about 10 ft from the center line of the ditch and the last one is about 20 ft. This means I own a strip about 5 ft wide on my neighbors side of the ditch.
When I first moved here (1980) I put a barbed wire fence right down the property line. Later when I got a few cows I put a field fence about 2 ft on my side of the ditch to keep the cows out the ditch.
I have had a understanding with the past 2 neighbors that if they wanted to clean up from the line to the ditch (fallen trees; brush) to cut down on snakes that would be OK with me because I was not coming across the ditch to do it. None did this.
I noticed my new neighbor (3rd one since I moved here) clearing the area next to the ditch in the past few weeks. Then the other day my daughter tells me he is cutting down the old barbed wire fence. So what it is falling down any way.
Any way I see him out there today and notice he is now clearing my land on his side of the ditch. Figure it is time to have a talk so we can lay down some ground rules and get on the same page. I really do not care if he cleans it up but this is still my land.
So I walk over there and nicely ask about what he is doing. Come to find out he is putting up a electric fence right down the edge of the ditch to keep his horse in. Insist the property line is in the middle of the ditch even though I found and showed him the 4 stakes on his side of the ditch. Started saying something about the 20ft easement or something. Yes I have a 20ft easement on my side of the line just like you do. That does not mean you can use my 20ft.
So now I am at a loss. I want to allow him to clear the area; even fence it so his horses can keep the grass short. But with his attitude I feel he will try and claim the land as his and if I let him use it I will not have a leg to stand on. Wife says call the sheriff but I really am not that kind of person. Would rather work it out between us so we can continue being neighbors.
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