I have a property that I own and the western border of my property has a road that extends the entire length of the property. The road is about 10 - 20 feet on my side of the property line and this road / trail has no easement on it so it is entirely my property.

Someone purchased the property next to me and he was misinformed by the realtor (verbally only) that the road was the actual property line. This new land owner placed a couple of blinds about 100 feet of the road facing away from my property with feeders about another 100 yards past the blinds. The new owner has been driving on my road to get these blinds.

The new owner seems like a nice guy so I did not make a huge issue out of the situation when we first met trying to be neighbors not enemies but I did spend the day rechecking the property boundaries to reconfirm that the road is on my side of the boundary and informed the new owner explaining to him that I did not want any confusion and that the realtor was not correct when he told you that the road was the property line. The new owner did not have anything to say other than just to say "ok."

I have no gate on the road and no fence separates our two properties.

How would you handle this? It's easy to just say keep the hell off my property but that could also make things "un-neighborly". My biggiest issue is I do not want the extended family of his or his friends using my road to access the blinds on his property line.

Fence it and let him build his on right of way road. Business is business, if he gets P O he will get over it. The relator should have put in his road

I hate to say this as I am always trying to make good with my neighbors but...there is a law that has something to do with creating an easement. If you let someone access their land for a certain amount of time (15 years ago I think it was 7 years), our wonderful government will Leagally form an easement for the person if they have been using that access point for the determined amount of time.

Unless both of you paid cash, there should be a Survey and a Title Policy filed with the County when each of you purchased.
That is the legal documentation that will determine the ownership.
If there is not a current survey or if the location of the property corners is in question, it might be a good thing to look into getting a current survey.

I deal with this to some degree because we use a dedicated easement for part of our property and own the majority of an undivided interest.
The last survey done on our family property listed the North East Corner being marked as a 12" spike in a mesquite tree..... that was in the 40's when my grandpa split it up.
Just something to think about.

This. If you don't have the description form a title company, get one. Then put up,a fence.

Their is a survey on file and rebar in the ground to mark the property boundaries these boundaries are what I showed the new owner

You have to nip it in the bud now, like wisco-hunter said if it continues it can become an easement. He may already beware of the Realtors mistake, I would make it clear that you own the road. You may not care if he uses it, but with the wear and tear of extra vehicles eventually someone will have to fix the road or pay someone to fix it.

I wouldn't rely on a piece of rebar.
Rebar can be moved too easily or bent.
I would set a permanent corner post and brace it back to your side.
In the right spot or not, its a permanent fixture and will probably be used as a benchmark if resurveyed.

I did speculative land purchases and subdivision development in the Hill Country.
"Some" (not all) surveyors will fudge a little here and there if they have a "questionable" crew or can't get their benchmarks exact.
Seen it on big properties as well as single lots, especially on re-sales.

I will also tell you my Grandpas cousin overtook out right of way on our dedicated easement (on our undivided interest) back in the 50's and now he has 22 or so acres of extra hay.
Re-survey cost more than the acreage is worth to us, so let it go.

As much as I encourage good relations with neighbors, I would not allow another to use the road.

An easement by adverse possession is not necessarily the issue, for many reasons too detailed to go into here. But I would not want the hassle of dealing with/worrying about people using my property. I have learned the hard way that once someone has permission to be on your land even for a limited purpose, things tend to get out of hand in a hurry. I would fence the road and put a gate up.

I find it hard to believe the realtor would say that without cause or proof, I also find it hard to believe the new LO believes that without cause or proof. I think you just got bullied, or taken advantage of IMO.

When my newest neighbor bought beside us, he told me his realtor said "he had access to MY water well". I told him he best find a lawyer and go after his realtor. I don't think that was the "true " case, but a fella trying to see what he could get.

I agree with the fellas, deal with it now and mark it with a fence. A survey should have had flagging or other markers in place, so he knows where the line is, I'd bet a cheeseburger. I mean who buys land at these prices on the word of a realtor?

No all realtors are fully honest or accurate. As I recall from my dealings with various realtors, what they tell you is not something for which they can be held accountable on things like land dimensions.

Not all buyers have good memories are are fully honest. It may simply have been that the realtor told the guy that s/he was pretty sure the road was part of the property and the buyer took that as factual.

The point is moot now. He bought his property. Now it is time for the surveys to settle the dispute if other means won't.

I don't always agree with NP but I do on this one. I would start on a fence today.

Good fences make good neighbors......have a couple very good neighbors at my uncle's ranch who are welcome to come onto his property any time for anything....have a couple "other" neighbors who know to keep to their side and we keep to his. Regardless, everybody knows the boundaries.

That is why I said "cause or proof", I wouldn't trust what either of them said. I also bet the line was marked at purchase, I think even if paying cash, the title transfer would have required the boundaries? IDK

I'd bet the guy knows what he bought. As said though, a survey and fence will cause far fewer "issues" in the long run..

Survey it now and then fence it.

Good advice here, for you or anyone else in a similar situation.
You might want to be the nice guy and let him use it, but this is not really a good idea.
You service the road, you pay taxes on it and you can be liable for injury if he get hurt on it.
There are plenty of good ways to be friendly with a neighbor and him not use your road.

X2

Maybe some Private Property/No Trespassing signs too.

Yep, fence it. Probably no good way at this point to ask him to pay for his half, but you never know.

You have to protect YOU. Survey the P.L. and fence it. You might have a conversation with him about what and why you are doing it, but don't leave it open ended. If I were in his position, I would understand your rights and respect them.

You said the entire western border. How far we talking? Is anything else fenced on the property?

this

How long have you owned your property?

How did you acquire it? Did you have a title policy and survey done? He may well have an easement you just don't know about. If the easement was put in place after the last survey you have it wouldn't show up. Sometimes surveyors get lazy careless, or maybe just have an oops moment don't we all, could have been left off. In the county your property is in you should be able to pull the deed for your new neighbors property and if he has a recorded easement it should be noted in his deed.

Past that it sounds like you don't really care if he uses "your" road, you just want to control how he hunts on his land?

Like others have said I would have it surveyed and build a fence... even if it is just a strand of wire on t-posts, don't think I would want to own property with no fences at all.

this nip it in the bud

I bought my house a little over 2 years ago. My survey showed nothing in my property. I later found out the next door neighbors septic tank and lateral drain field were on my property. They were also drawn in on the old survey and just didn't get included on the new one. Someone didn't do all of their homework at the surveying/title office.

Go to the public records and find out exactly who owns what. If there is a disagreement try to work it out with your neighbor. If he has no easement and want to use it anyway then you need to build a fence and probably call the sheriff if any more issues arise.