http://www.expertlaw.com/forums/ Boundary line issues between neighboring properties, and legal means of resolving encroachments, and establishing adverse possession or acquiescence. en Thu, 20 Jun 2013 10:39:32 GMT vBulletin 60 http://www.expertlaw.com/forums/images/misc/rss.png http://www.expertlaw.com/forums/ http://www.expertlaw.com/forums/showthread.php?t=160188&goto=newpost Wed, 19 Jun 2013 15:32:16 GMT My question involves real estate located in the State of: Georgia My neighbor had a survey conducted a year ago. My husband does not totally agree... My question involves real estate located in the State of: Georgia
My neighbor had a survey conducted a year ago. My husband does not totally agree so we have been thinking about having a survey done. In the mean time our neighbor has come up with the idea that their propery extends 5 feet beyond the property line marker which is on our side. I don't agree with my neighbor's assessment. Is there any validity to this claim? :confused: ]]> Boundary Disputes and Nuisance Maybelline2 http://www.expertlaw.com/forums/showthread.php?t=160188 http://www.expertlaw.com/forums/showthread.php?t=160107&goto=newpost Tue, 18 Jun 2013 04:33:22 GMT My question involves real estate located in the State of: Los Angeles, CA Hello, My parents have lived in our house for over 30 years without... My question involves real estate located in the State of: Los Angeles, CA

Hello,

My parents have lived in our house for over 30 years without incident. Recently, within the last few weeks, our new neighbors have moved in after the previous owner, who had been there before my parents bought the house, sold it. There is a wall that runs along the property line 3/4 of the entire length of the property and ends at their garage. The remainder of the land was always thought as part of our back yard because there was never a dispute, it has functioned as a backyard would with plants, grass, bushes and trees being planted over the years by us. It wasn't until the new owner moved in that the last 1/4 of land was in question wanting to finish the length of the wall into what was thought to be our back yard all these years.

In reading up on Adverse Possession, given the amount of time, and the other qualification that seem to fit, would we have a case for Adverse Possession on the piece of land in question?

Thank you ]]> Boundary Disputes and Nuisance robdogg http://www.expertlaw.com/forums/showthread.php?t=160107 http://www.expertlaw.com/forums/showthread.php?t=160095&goto=newpost Mon, 17 Jun 2013 23:44:24 GMT My question involves real estate located in the State of: KY I live in a subdivision with a restricted deed. There is a strip of lane that backs up... My question involves real estate located in the State of: KY
I live in a subdivision with a restricted deed. There is a strip of lane that backs up to my(and a row of residents) between the back of our homes and a major 4 lane hwy(about 170 feet wide). Land has not been touched since the 70's and was suppose to be a buffer for the neighborhood, mature trees, wildlife and the such. A developer purchased the strip of land that is part of the subdivision's restricted deed, restricted to single family homes. The developer has been trying to get the HOA, which I am an officer on the board(there are three of us), to endorse the land for commercial. The HOA has been working 1.5 yrs to plan the best for the residents and has asked for plans and storm water retention plans, none were submitted. We were not going to endorse any project without the building plans and storm water plans. The developer only promised to build a 8 foot masonry fence and plant some trees. We, the HOA, felt there were more issues that needed to be addressed, especially flooding problems that already effected some residents. We set up a meeting with the developer on the the 12 of June via email, but on the 8th, Sat morn, the developer bull dozed a clear path from the hwy to the back of my house and when I called the developer to ask what was going on and I thought that we had a meeting schedule, he stated that he was tried of us dragging our feet and it was not my business what he was doing with his land. He stated that the HOA needed to meet asap, after I told the developer I would call him back, the dozer stopped. I told the developer that the HOA could not met till Sunday, at that time the dozer started up again and cleared more trees behind my house. Then the developer clear a path down the center of the property and left a 30 foot buffer of trees behind all the other homes and a 30 buffer near the hwy. When the HOA met with the developer on Sunday, we told him since his actions on Sat we had decided to keep the property as deeded. The developer then stated that he would not cut anymore mature trees, and leave the remaining buffer behind the homes if the HOA promised to endorse commercial. The HOA still choose to keep the deed as is. Since then all the trees have been clear cut behind my house so I have a 180 degree clear view of the road…to date no other trees have been cut behind other residents homes. I'm the only home, plus it's the largest and most expensive…no other homes has been effected the way I have. The HOA and other believe that I have been singled out(I did all the research and all e-mails came from me, meeting held at my home etc….but the HOA was/is united on all issues)…what are my options? ]]> Boundary Disputes and Nuisance KYhomeowner http://www.expertlaw.com/forums/showthread.php?t=160095 http://www.expertlaw.com/forums/showthread.php?t=160026&goto=newpost Sun, 16 Jun 2013 02:43:45 GMT My question involves real estate located in the State of: Tennessee I have had my surveyor survey the same line three times in the past 8 years,... My question involves real estate located in the State of: Tennessee
I have had my surveyor survey the same line three times in the past 8 years, twice in the past month since my pins and markers "disappear" and fence line has been cut and altered. We have good evidence, a fence corner and a found pin that dates back about 25 years identifying a straight line, which is what both of our deed descriptions call for. His deed does not mention the iron pin but my documentation describes it because it separates two tracts, both of which I own and this same pin is described as being in this property line. He has no natural markers (rocks, trees, etc.) and no pins, just a deed description. HE HAS NOT DONE A SURVEY. Instead, he has on several occasions threatened my employee for working in this area and says he wants my worker no where near the "disputed" property line until this is settled. I called the law the last time and they said they can do nothing about a property line dispute. I contend that until he has a survey that is found to be in disagreement with mine, there is no disputed property line. I have spent considerable time and money researching this to be as certain as I can be that my survey is correct. To my knowledge, he hasn't spent a penny and 8 years have gone by. Am I right about this and can I have my employee work (cut grass) there? Is there anything further I can do to protect my employee? ]]> Boundary Disputes and Nuisance reba http://www.expertlaw.com/forums/showthread.php?t=160026 http://www.expertlaw.com/forums/showthread.php?t=159841&goto=newpost Tue, 11 Jun 2013 22:12:26 GMT My question involves real estate located in the State of: MA I found this thead, but the governing body in not in my state of Mass. I am in a... My question involves real estate located in the State of: MA

I found this thead, but the governing body in not in my state of Mass.
I am in a similiar situation where my neighbor has created a damn or birm to preven runoff into his yard (creating a pooling affect in my yard!). My question is what is the law in Mass. that says that he can not do this. The birm he created is growing by the week and is almost three feet high.


Re: Disrupting the Natural Flow of Water / Drainage Law
http://www.expertlaw.com/forums/showthread.php?t=91347


Thanks!! ]]> Boundary Disputes and Nuisance massflow http://www.expertlaw.com/forums/showthread.php?t=159841 http://www.expertlaw.com/forums/showthread.php?t=159481&goto=newpost Wed, 05 Jun 2013 06:28:18 GMT My question involves personal property located in the State of: texas ok what im trying to understand how adverse possession i live in a small town... My question involves personal property located in the State of: texas ok what im trying to understand how adverse possession i live in a small town 800 people my grandfathers mother own a acre on land a mile away sometime in the 80s the house started to fall down i know its not in my families name anymore i know that much no one has touch the property sense the late 80s trees have over grown everywere the barn has fallen in trees have grown and destroyed the fences i have no clue who owns the place ive talk to people and no one in town has any clue the way i understand it if a mow cut down the trees thats in the way rebuild the fence tear down the house and barn rebuild them turn the power on no water it has a well its a foot ball field outside city limits so no city water if i do all of this and move in and so that ive been living there would that give me the right to the land its on the side a farm highway so everyone would see me cleaning the place up and fixing every so its not like in hiding and being sneaky what id like to know do i have it right or have a missed something and if so id be happy if someone could inform me ]]> Boundary Disputes and Nuisance madler89 http://www.expertlaw.com/forums/showthread.php?t=159481 http://www.expertlaw.com/forums/showthread.php?t=159472&goto=newpost Wed, 05 Jun 2013 01:13:36 GMT My question involves real estate located in the State of: California Can I litigate against my neighbor in a court other than small claims for... My question involves real estate located in the State of: California

Can I litigate against my neighbor in a court other than small claims for forcing me to abandon my owner occupy home? ]]> Boundary Disputes and Nuisance colorr http://www.expertlaw.com/forums/showthread.php?t=159472 http://www.expertlaw.com/forums/showthread.php?t=159466&goto=newpost Tue, 04 Jun 2013 23:36:54 GMT My question involves real estate located in the State of: Washington. I purchased property in the state of WA five years ago. About three years ago,... My question involves real estate located in the State of: Washington. I purchased property in the state of WA five years ago. About three years ago, I came home to discover my that my neighbor was in the process of removing the fence that separates our properties (I took photos). He thought the fence was inadequate, and wanted to build a steel I-beam and RR tie reinforced complete with lattice on top. His plan was that he would provide the labor and I would pay for the lumber (what a bargain, right?). This is where our cordial relationship ended. I told him no, with my wife pregnant we could not afford to replace a fence that did not even need replacement. I asked him to repair it to its prior condition. I then sent a certified, return receipt letter to him advising that he was trespassing on my property and I did not want the fence removed. He soon repaired the fence (only it looks like a 5 year old did the work)(Again, I have photos). He then began construction on a second fence between the properties, parallel to the original fence, on his side. That new fence is framed (I-beams, RR ties and all!) but no planks are on it. The original fence still stands where it has for over 15 years (I spoke with the previous owner who had the fence built), since before his home was built (he is the second owner).

This morning I came outside to discover the neighbor was having a land survey done to establish the property line. The newly recorded property line (they placed corners) is marked by stakes and shows that the original fence was built at an angle, and in some places (near the center of the property) as much as 6" on his side of the property line. He then told me (in a sneering voice) that, based on this newly recorded property line, he was soon going to tear down both the original and the new super fence, and build another on the newly documented property line, and that there was nothing I could do to stop him since it is his property. What do I do?

I contacted two local real estate attorneys here in Spokane. Both told me that this was a case of adverse possession, since the fence has been there over 10 years. The first attorney told me he could start the legal process now by sending a letter advising the neighbor that he would be trespassing if he removed the fence. He then explained the legal process, including that I'd need to set up a trust to pay him for his services to the tune of $225/hour. The second attorney told me that he would not take the case as it would only rack up significant legal costs (in excess of 5k) that I would be responsible for, and that 60 square feet is not worth that kind of hassle. He recommended that I send the neighbor a letter telling him that I'll yield the new boundary, and any new fence must be built on the new surveyed property line, or the neighbor would be trespassing and committing malicious mischief. Wow, two VERY differing views. I don't know what to do, we are not wealthy, and just want to live our lives.

Please advise! ]]> Boundary Disputes and Nuisance timbob http://www.expertlaw.com/forums/showthread.php?t=159466 http://www.expertlaw.com/forums/showthread.php?t=159403&goto=newpost Tue, 04 Jun 2013 02:11:31 GMT My question involves real estate located in the State of: Pennsylvania About 2 1/2 years ago we put up a black chain link fence to slow up the... My question involves real estate located in the State of: Pennsylvania
About 2 1/2 years ago we put up a black chain link fence to slow up the deer. We had a permit from our local municipality. As soon the installer began, our neighbor called the police on us instead of picking up the phone. Claimed he was defending his property. He was quite nasty about it. We no longer speak to him because of this incident. As we were leaving the house the other night, he informed us that he had a survey done and we were infringing on his property, mostly by some shrubs but a few places that I had sprayed weedkiller in the shrub beds. He got nasty and we left for our dinner. The next day, I got out the hedge clippers and sheared the shrubs right up the side to coincide with the property line. He had a fit and said he didn't mean that. They are on the side of the house and I don't have to look at them, he does. Then he went into his house and got his video camera and starting filming me out his bathroom window. I did report it to the police although they said you have no expectation of privacy outside unless he would start filming us in the pool or in our windows. But at least they have the report on file. I bought metal edging and following the line of the survey stakes, I am pounding it in. I began to repair his grass on the other side but I need to get more soil and seed before I can finish which I plan to do this week. He's threatening to take me to court. Can he if I am repairing the property? He also walks the fence line to tease the dog to get him barking. We don't leave the dog outside as a rule without someone and he is in the house when we are at work. ]]> Boundary Disputes and Nuisance Pghproperty http://www.expertlaw.com/forums/showthread.php?t=159403 http://www.expertlaw.com/forums/showthread.php?t=159367&goto=newpost Mon, 03 Jun 2013 16:10:53 GMT My question involves real estate located in the State of: Missouri I want to contest ordinance violation bill. I received notice in the mail... My question involves real estate located in the State of: Missouri

I want to contest ordinance violation bill.

I received notice in the mail from the City of Normandy, MO to trim weeds on fence line of rental house and I hired handyman to take care of problem. The City of Normandy then posted a second notice on house itself for the same code violation and I asked tenant to take another look can clean up anything left over by the handyman. The city of Normandy then sent contractor to house who worked for approximately 1 hour and cut branches off a neighbors tree that were hanging over the fence. The City of Normandy sent me a bill for $575.00 ($250 admin fee / $325 for FENCE LINE work). I feel this is unfair.

I called the city and spoke with one of the code enforcement officers who said I should pay the find or get an attorney. I then spoke with the City Administrator searching for a way to contest the bill and she said I have to pay it. When I said I was considering getting a attorney she said she could no longer talk with me and hung up.

Is there a way I can contest this violation / bill without hiring an attorney? ]]> Boundary Disputes and Nuisance OrbitalD http://www.expertlaw.com/forums/showthread.php?t=159367 http://www.expertlaw.com/forums/showthread.php?t=159331&goto=newpost Sun, 02 Jun 2013 17:20:26 GMT My question involves real estate located in the State of: Ohio A neighbor began cutting down a tree that is in the area between the sidewalk and a... My question involves real estate located in the State of: Ohio

A neighbor began cutting down a tree that is in the area between the sidewalk and a public street on my rental property. He managed to get about half of it cut down before the police arrived and told him to stop. He cut it down because it was making his truck dirty and he claims that a branch fell out and broke a mirror on his truck (no evidence on this). Hh parks his truck directly under the tree, on a publis street, by choice.

The local police were not sure if they could cite him, so they just told him to stop. Can I sue him for the damage caused to the tree and for the removal of it now that it is likely a hazard? ]]> Boundary Disputes and Nuisance mcinoh http://www.expertlaw.com/forums/showthread.php?t=159331 http://www.expertlaw.com/forums/showthread.php?t=159128&goto=newpost Wed, 29 May 2013 14:47:10 GMT My question involves labor and employment law for the state of: California
can anyone tell me anything about Jehovah Witness's coming by your workplace? They were going door to door in a very industrial area, to business's and Im not sure what the law says in this matter? We have a no soliciting sign that they also ignored.
Thank you ]]> Boundary Disputes and Nuisance donnacalifornia http://www.expertlaw.com/forums/showthread.php?t=159128 http://www.expertlaw.com/forums/showthread.php?t=159124&goto=newpost Wed, 29 May 2013 12:29:51 GMT My question involves real estate located in the State of: Tennessee We have had a fence up for over 30yrs.It does not connect to my neighbors... My question involves real estate located in the State of: Tennessee
We have had a fence up for over 30yrs.It does not connect to my neighbors fence.Now the neighbor is says that 3 to 6 inches of our fence ( back gate ) is on her.She has told me she will remove it if I do not take it down.We had our property survey done approx.3yrs ago and they knew where the property lines were and accepted that,only not in writing. My question is,can she remove my fence leaving me without a fence? She had told us she was having her fence taken down and that would not affect our backyard,we would just have to run another fence the width going back to our gate...to her that is not good enough she says she will have my gate taken down.Any help will be greatly appreciated .. ]]> Boundary Disputes and Nuisance clarence http://www.expertlaw.com/forums/showthread.php?t=159124 http://www.expertlaw.com/forums/showthread.php?t=159051&goto=newpost Tue, 28 May 2013 00:11:05 GMT My question involves real estate located in the State of: Alabama A couple of years ago my uncle, without permission, built a boat house and pier... My question involves real estate located in the State of: Alabama

A couple of years ago my uncle, without permission, built a boat house and pier on my mothers property. At the time my mother said she was not going to push it because it was her brother. I am the successor to the property and my mothers power of attorney...she has dementia.

My Uncle put his property for sale so I decided to get our property surveyed so we would know exactly where the line was. Come to find out his boat house and pier are 8 foot on our property. He has also put a chain link fence up on our property too. My mother only has 50 foot of water frontage, now it is 42 foot.

He has now sold it.

What can I do? D I have any legal rights? What can I do to protect my mothers rights? ]]> Boundary Disputes and Nuisance Jonica Williams http://www.expertlaw.com/forums/showthread.php?t=159051 http://www.expertlaw.com/forums/showthread.php?t=159039&goto=newpost Mon, 27 May 2013 18:29:15 GMT My question involves real estate located in the State of: Georgia

This is complicated but I'll try and keep it as short as possible.

A man I'll call "Mr. A" owned around 50 acres of land. He originally owned a 5.3 acre tract but bought all the land surrounding his property in 1992 and eventually split up the tract to several parcels to sell off.

In the year 2000 he split off approx. 12 acres and sold it to a party (Mr. B) who then built a house on it. This 12 acre tract has a recorded survey showing a road frontage of about 140'. An iron post was placed at this point for the survey and is recorded as such. There is a survey drawing on file with the county showing this.

In 2001 Mr. A then sold off his original homestead with the 5.3 acre tract to Mr. C. The problem here is that When this sale was completed they did not take in account the prior sale of the neighboring property a year prior and did not take in account the land being subdivided. Mr. C. did not get a survey done of the 5.3 acre tract and no one caught the boundary error.

The boundary overlap is approx. 36' and stretches back over 500'. There is no structures on the property but there is a driveway which belongs to the 12 acre house. The 5.3 acres legal description shows the property line is at 104' but the 12 acre tract states it is owned up to 140'.

Both Mr. B and Mr. C eventually lost their properties to foreclosure. The property that consisted of 5.3 acres was foreclosed on and sold in 2004. This party (Mr. D) also did not have a survey done.

The 12 acre tract was foreclosed on in 2013. I am attempting to buy it and have a contract on it. I have spent thousands in inspections and a survey. The neighbors with the 5.3 acres did not like where the wooden survey markers were placed (because of the overlap) and so someone moved them approx. 35' and then a few days later they were gone altogether.

They way I understand it - the original owner of the 50 acres sold the 12 acre parcel in 2000 and then basically resold a portion of the same land in 2001 because of the overlap.

My options? The neighbor has agreed to an easement. They are not using the land as it is far away from their home. There is already a fence up which has been there for years that is on the property line that matches the 12 acre tract, more or less. They have just dug in their heels and will not listen to reason.

I do want to purchase the 12 acre property. I do not want to give in and sign something that shows have my driveway on an easement that belongs to the neighbors.

To make matters even more interesting - the neighbor's 5.3 acre property lines are so messed up there is a section of "no man's land" between several lots that my survey stated there was no deed reference recorded for. That section is about an acre.

So - how can this be fought? I want the 36'x500' strip to be assigned to the property I am wanting to buy. Also - I would like to know if there is a way that I can make a claim on the no-man's land as the county states that no one owns it. The no-man's land is more of a personal preference and is not important in regards to the sale of the house. What is important is the 36' boundary overlap issue which must be resolved before they will issue title insurance.

Georgia can be a little bizarre on their laws and rights - seems like everyone I talked to at the court house just seems to smile and scratch their heads over this.

- - - Updated - - -

I am hoping to see an attorney this week regarding this. The foreclosure bank has done little to nothing to resolve this even though they cannot sell the property until it is fixed. I have offered to buy out the neighbor with a very generous price but that does not look like an option. Land around here goes for maybe 10-15k an acre if it's a good tract and we are basically talking about a quarter of an acre. I'm guessing legal fees will be in the 10k range which I am prepared to spend if this case is as clear-cut as I am seeing it as. ]]> Boundary Disputes and Nuisance skydealer http://www.expertlaw.com/forums/showthread.php?t=159039