My question involves real estate located in the State of: Virginia
Unfortunately, I have several issues with one neighbor. Both of us own our homes. Ever since we purchased our home, we have been having boundary issues with this neighbor along with a variety of other frustrating issues. The first time we met this neighbor, one of the first things he told us is what a great neighbor he is and I remember thinking to myself....uh oh.
After we moved in we started having issues with the neighbor appearing to encroach on our side of the property. I didn't worry too much about it at first because despite what he does, the lines are the lines and he hasn't done anything like try and erect a fence but what he did do is move the survey stakes further on our side. Then they finally disappeared all together. Unfortunately, I cannot prove it was him but I believe it was because shortly after our stakes disappeared, he put in his own all down the side yard where our properties meet. He did not use a survey company. He has left these stakes in the ground and has gone so far as to spray paint where the stakes are which makes me even more suspicious that he took our stakes.
There is also a swing in a tree that is close to this side property edge. The swing belongs to us and the tree is actually two trees interwined and one tree is on his side, one on ours (with the swing). He feels perfectly free to come over and play on our swing, even going so far as to let his son (20 something year old man) disassemble parts of the swing and put those parts on a swing he just installed on his side (then he put them back). I have no idea what he was trying to pull but all of us watched his son do this. Again, I did not react because he put the parts back on our swing. What he did was remove the wooden seat and put it on their rope swing. When we had a friend over that brought his young daughter and she went to the swing to use it, he yelled at her because while she was swinging, her feet went into the air space over his property line. So he yelled at her. I confronted him when she told me and he said he didn't yell at her but I don't believe him. Who cares if the girl is swinging on a swing and her feet while swinging go into his "air space". Ridiculous!
The biggest issue I have with him is that he has parties about every other weekend. This man has his "guests" park directly in front of our house on a grassy area by our front ditch but he will not have them park in front of his house. He keeps the front of his house clear of cars and fills up our front. Normally, this would be no big deal to me but they have put trash in our yard and one time they put empty beer bottles, used dirty diapers and bags of trash in our trees. Often times, they leave trash behind when exiting out of their cars to go to his regular parties. And I am left to clean up the mess. The other weekend my husband was mowing the lawn and was beginning to mow this front strip of grass and along come these people and looking my husband dead square in the eye as if to dare him to say anything, they parked in front of our house where he was mowing!!!! There have been many times I was going to go burn out the ditch or mow the front section and was unable to due to these people parking. Often the people at his parties end up in our front or side yard.
Also this guy has a burn pile in the back as do we and we use ours to burn leaves or sticks etc. This guy uses his burn pile to burn construction debris such as drywall and plastics. The side ditch now has a chemical coating that really concerns me.
I've tried talking to this guy but he does not speak English very well, I do not speak Spanish and we seem to clash when we talk. He claims ownership of the side ditch, yet my son dug it. then when the ditch needs maintenance, he says it is not his and I end up doing the clean up work. I'm really at my wits end. I called the county today to see if I could put plants or lights on the grassy strip in front of my house (I felt this was a peaceful solution to the parking issue) and they said no, it has a VA dept of transportation easement. I put the lights anyway because I simply don't know what else to do. I'll probably end up in trouble with the county.
I would like to get another survey done and have some type of permanent markers put in down the side yard or stakes every so many feet and then take pics. But right now, we cannot afford to get the survey redone.
I guess my question is although VDOT has an easement to the front grassy area (this area has no curb or sidewalk, it does have my mailbox, and is adjacent to the road that runs in front of my house, it dips down to a small ditch that we maintain and then into our front yard - typical rural). Can these people park in front of my house almost into my ditch as they please and as often as they please? Both my husband and I were shocked that people would be so rude as to park where we were mowing.
I cannot prove he moved/took the stakes but I resent him putting up his own stakes and declaring what he BELIEVES to be the line. I resent him burning construction debris, I won't let my kids play outside when he lights his burn pile because I don't know what he is burning. I personally have seen him burn drywall or try too, it doesn't burn well.
What is the best way to deal with his rude and overbearing guests and also with him? Again, he does not speak much English and is very hard to communicate with and very confrontational.