Pool Construction Conflicts With Neighbor's Easement

[runnin 9s]

Thanks guys, I have the plot plans in front of me right now and what it is saying is that plot #28 (my lot) D=28 and that plot #29 (my neighbor) is s=29 it also says that plot 28 is the dominant lot and that plot 29 is the servient lot. This is typed on the page twice, once on the lot and once on the top of the page. My association agrees with this and so does the city. What has got me is that my tittle and the county assessors office says that I own 5000 sq ft but if you subtact this land in ? my lot falls very short of this 5000 sq ft. When I bought this house my patio was built right up to to my neighbor side of their house 2 big trees and a block wall planter. If you include this land in ? my lot = 5000.12 sq ft. My association says that I can build this way but not the pool. They want me to break out the north side pool wall and move it 12 inches to the south, this is something I do not have funds for. They want me to purchase 44 sq ft from my neighbor or move the pool.

[runnin 9s]

One other thing is that my lot is zero on the other side of my lot also. My fence runs right off the end of my house to the back fence. So I can not even see that peice of land on that side, it is in my other neighbors yard, he has built a very nice step up spa on it and I would never ask him to remove it off my land for this is a peice of land that I can never touch and I can never move the fence but he has not blocked me from ever needing to paint or do repair work on that side of my house, but it is the same easement on that side also. So all in all his was approved by the association but mine is not. One thing that I think is coming into play is the fact that I had it out with the assoc over a hi def antena on top of my satlelite dish and I won thanks to the fcc that sent a letter to them saying that it was protected under federal law and that pisses them off, they send me letters over the tinyest stupid things all the time.

[jk]

Well, we are back to the get a survey suggestion. Once you do that and prove the land that is yours, then you should be able to go to the HOA and argue your point with evidence by a 3rd uninterested party.

If no success there, enlisting the aid of a lawyer seems to be your next step.

the odd thing is there is no reason you should be paying taxes on a piece of property that you are the dominant tenant. The actual property is part of the serviant tenament so that is who would be paying taxes on the property. You paying taxes and being the dominant tenant simply does not make sense.

[runnin 9s]

Thanks agian for your help. I dont understand why I would be paying the tax on this land in ? if I did not own it but the county said it is in my yard within the fence's and is used by me so I am responsible for the tax on it. The city has said that these 0 lot lines are a grey area and will not deal with it. The association has said that the button on the curb is the property line but there is no button on the curb in front of my house, there is 3 of these in front of the neighbor to my south so go figure. If my land without this land in ? is over 500 sq ft smaller is this not the sq ft I should be paying for and not the 5000 sq ft listed on my deed.

[jk]

Thanks agian for your help. I dont understand why I would be paying the tax on this land in ? if I did not own it but the county said it is in my yard within the fence's and is used by me so I am responsible for the tax on it. .

I do not understand it either. It does not make sense. That is why I suggested the actions I did.

To fight anything, you must have all the true facts avaiable to you and be able to present these in your defense. That is where a survey would help all to uderstand exactly what is happening.