Case #572 titled ‘The Barber on a Kubota’ has our Alonzo Andretti, aka “Scizzors” Andretti, due to his ability to cut an average man’s hair in under five minutes, including shaving of the back of the neck, and necessary eyebrow and ear trimmings, drawing the ire of his neighbors.
Alonzo has two passions, cutting hair, and cutting lawn, doing both at excessive speed, while maintaining an exquisite quality. What’s at issue is that Scizzors tends to not only cut his neighbor’s head, but his neighbor’s lawn as well, often crossing what’s regarded as the relative property line between homes. And, as everybody knows, you don’t cut your neighbor’s lawn, unless of course there’s 50 bucks in it for you.
Regardless, because Alonzo regularly trims his lawn down to almost putting green height, while his neighbors aren’t near as meticulous in their cutting, basically encouraging dandelion growth, Alonzo’s habit of overcutting has his property looking quite larger than it is. Which legally, isn’t an issue. Having your neighbor mowing two feet over into your property for 25 years won’t automatically transfer that piece of land over to them, simply because they’ve theoretically maintained it for that length of time. However, if through the years Alonzo continues his habit of overcutting, all while the properties next to him get sold and purchased a number of times, without one of these new homeowners bothering to have a survey done, then the relative property line will certainly begin to differ from the actual property line.
In most cases, homeowners assume, and generally accept, that the property line between properties is approximately the halfway point between the two homes. However, if one neighbor has in the past built an addition, or garage, which further widened their home to the very edge of their property line, then the midway rule would no longer apply. When this widened home comes up for sale, with the home next to it being sold a few years later, without a survey being completed by either party, then these new homeowners will simply assume the line is again, running somewhere down the middle of the properties.
In most cases, neighbors get along. They may not like that Alonzo is cutting into their property, and may have even mentioned this to him in the past. But, in order to keep the peace, because in most cases it isn’t a big deal, people tend to leave the Alonzos of this world to enjoy their riding mowers. There’s never an issue, of course, until one homeowner decides to have a survey done on their property, and discovers that their neighbor’s driveway crosses their property line, or the drainage pipe running the length of their neighbor’s property, and installed by the former owner of this adjacent property 20 years before, actually belongs to them, or the just completed deck by their neighbor, stretches two feet onto their property. Then what do you do? Well, decks can be cut back, and driveways can be modified, but if a drainage pipe is serving the best interests of the homes in the immediate area, then removing such a structure may get you into a legal tussle with the local township.
It’s certainly strange that people will spend hundreds of thousands of dollars on a home, yet forgo the thousand bucks it cost sto have a survey completed. So, if you’re about to purchase a new home in an area where the properties are not so well defined, request that the property be surveyed. If you own a home where the property line is a best guess scenario, due to the steel pins being no longer visible, or their location buried and long forgotten, pay to have a survey completed.
When the property lines between neighbors are clear, things tend to go along a lot more smoothly. And Alonzo, well, he’ll have to live with a few survey stakes guiding him back onto his property. Case #572 closed.