Property line problems

[Round_Gun_Shooter]

Well it finally happened. After 30 years in the same house with the same neighbors, I decided to have a surveyor set my property bounds.

Found out I encroach in the front of the lot with an extended driveway but neighbor encroached with shed and fence in the back on the same line.

All was fine until neighbors decided to sell.

Now she has moved out of state and house is up for sale.

I hate digging up the driveway but it has to be done. Hope she knows she has to move fence and shed before she sells.

Talked to her but she seems to be ignoring the issue.

[Hi-Power Jack]

Not possible to sign a mutually beneficial compromise

and make it all better ... ?

[Round_Gun_Shooter]

I suggested that but the cost with surveyor and attorneys was 4K. Her significant other did not want to split the cost.

Now that the children have moved out I really don't need the extra space so as much as I hate to do it, I will dig up the stone and spread wood chips to make it look ok and wait until buyers have a surveyor tell them of the encroachment.

[Hi-Power Jack]

I think I'd just do nothing until I had a chance to discuss it with the new owner ...

They might be more reasonable

[Flatland Shooter]

Bought a house years ago where the developer messed up on a fence install. The neighbor to my north encroached on my property about 2' and I encroached on the property to the south by 2'.

All houses were brand new and selling at about the same time. The developer's attorney got everyone to sign off on the waivers and all has been good ever since. The folks I sold my house to are still there but both both neighboring houses have been sold numerous times.

At least in our case, getting an attorney to draw up the papers was less expensive than moving the fences.

[Youngeyes]

Ya want summa da boys from da Forums to "Talk" to da neighbors? We make em an offer they can't refuse! We'll DQ em for ya!

[racknrider]

Possibly get an easement

[Round_Gun_Shooter]

Ya want summa da boys from da Forums to "Talk" to da neighbors? We make em an offer they can't refuse! We'll DQ em for ya!

Thanks for the offer. She is off for a new life and it doesn't look like she is interested so I dug it out over the weekend as much as I hated to do it. I will cover the area with wood chips to make it visually OK and let her and any buyers work out her shed and fence problems. I have taken care of my part. I can't see any bank giving a mortgage with the encroachment.

Edited August 8, 2016 by Round_Gun_Shooter

[JD45]

I used to work in this field. It's common.

Do whatever you need to get a compromise or easement.

No need to move stuff. There are bad surveyors out there that cause problems. But sometimes it's a mistake from the owner trying to eyeball a property line.

[Flatland Shooter]

If a sale of the house does go through, make sure everyone knows you now own the shed and its contents. Its on your property.

[Reshoot]

I suppose if one lives in a sub-division, on a lot not much more than twice the size of the house, it would matter. Here in rural Ohio, with acreage, I hope my fences are within 5 feet of where they belong

[f2benny]

If your driveway encroached for 30 years it sounds to me like you own the land by adverse possession. Check your state laws. As I recall, if you occupy a portion of land for the appropriate time period openly in this manner it can not be contested.

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[DKnoch]

I work for the local county as a building inspector. Around here, we deal with property setbacks. If she wont move the shed, call the local building inspector or zoning inspector and file a complaint that they've encroached into the setbacks. Around here, we would make somebody move the building, unless they can obtain a zoning variance

Daniel K

[TCBDoubleTap]

Adverse possession is one option - if you've each occupied the other's property for whatever the required time period is in your state you can file a "quiet title" action to legally take ownership of the property.  There are usually four requirements that need to be met for a successful claim of adverse possession - Google it for details.

Another option is "acquiescence" - if you and your neighbor have both been maintaining the property on your side of the "assumed" boundary for the time period required in your state you can have the legal description modified to make that boundary the "official" boundary line.  Acquiescence is easier to prove than adverse possession, but it requires both parties to have treated the "revised" boundary as the actual property boundary for a specified time period.

Good luck.

Tom

[GrumpyOne]

This Hate rant has turned into a discussion, which is beyond the bounds of the rules for the Hate Forum. Thus, it must be closed.Please review the Hate Forum Rules:http://www.brianenos.com/forums/index.php?showtopic=8097[note: this is a generic response]