Adverse Possession in Charlotte (legal, property, roach) - Page 4 - City-Data Forum

john worth · 03-29-2009, 01:11 PM

jesposito, I did talk to them about that, even offered to help build the garage (I was a GC in Virginia) - but they do not build to my standards (let alone code) - but I offered, to get on their good side. Their back screened in porch has a roof on it - it is 12' wide. They used 2x4s as roof joists (not built trusses, just single 2x4 on end 24" on center with 1/2 osb over... The rationale is that the reduced property will detract from the value of the house! I think the property line would be the least of their worries if they went to sell!

jesposito · 03-30-2009, 08:03 PM

screw em, tell them to provide you with a new survey showing that the fence is over the line. if they do and it is then advise them that they can remove the fence at their cost and rest assured that you will make sure all permits are pulled properly for the construction of the new garage. play some hardball

john worth · 03-31-2009, 07:23 PM

The trouble with the survey is that _they_ had it done. I know that in their old house they moved their neighbors survey indicators b/c it indicated encrochment (sp?) violation of their garage. I know this b/c I was their when they did it!!!

They still own that property and if I were to play hardball - I would probably start with the stunt they pulled on their old neighbor!

gkleoni1 · 03-31-2009, 08:18 PM

I vote hardball... you have played it nice, they don't seem to be responding. Also PP is right, they can't build right up to your property line so if they tear it down it is only out of spite.

Native_Son · 04-01-2009, 05:34 AM

Note the gloves...

http://upload.wikimedia.org/wikipedia/commons/5/55/Molotov_cocktail_flam.jpg (broken link)

a joke, of course...

Bramca · 04-02-2009, 02:17 PM

John we had a similar situation on a property we owned in WA. We bought a home in 2000 that was built in 1976. We lived on Puget Sound in Seattle and the property lines are very difficult to determine. Homes are packed in upward on a hill so you get the ocean view and you have side yards. Well the people behind us had built a deck in 1980. At somept someone remodeled to add for a hottub and here it was 6 ft on our property. Well several owners changed hands over the years and this was not caught. We bought the home in 2000 sold it in 2002 to a young attorney right out of law school. The neighbors behindsalso sold to a family at the same time. The new owner behind started cutting down trees that were in their view some on our property lines. The two started to battle and couldn't get along. Our young attorney decided to sue them and found out she needed to first sue us for selling her a property with an undisclosed encroachment. Then we would have to sue our sellers and downward. Because these two mental midgets could not agree on anything it ended us costing us 3 years in time flying back and forth for mediations and about 40K in legal fees and the 15 to fianlly pay her off. We were so done with all that we walked away from reaping anything from anyone else because legally you can't get back legal fees and we felt we would have spent the 15 in legal fees just to get back the undisclosed from the people who sold it to us. It was a nightmare. As I said we only lived in the house 18 months we weren't even completely unpacked when we were relocated again. Title insurance doesn't count towards encroachments. I am not sure how it ended up for the two people involved, but I bet they were creeping up towards 100K because they lost their heads. They could have had a beautiful brand new deck, patio and addition on to their home for what they ended up spending in legal fees.

The stress was worse then what it cost us. You are right, you probablly have cause for adverse property since you have been taking care of the fence for so long (over 7 years right?) and the prior owner did not press the issue. Your new neighbor will have to go after their seller first for selling them a property with an encroachment on it. They may then join to go after you to remove the fence or pay them the land. Either way it is going to cost you to defend yourself and you have to ask if it will be worth it. A cheaper solution may be that you have them work it out with their seller and offer to go half to replace that side and get it on your property if you trust their survery. Otherwise pay for your own which may come out the same and your out the money and still have to take it down.

Good Luck!!!

North_Raleigh_Guy · 04-02-2009, 02:25 PM

I don't understand why people just don't spend the $300 - $400 to get a licensed survey done whenever they buy a home. That minor investment would eliminate all these headaches that people are talking about here like how they owned a home with an encroachment that they didn't know about until years later down the road. If you get the survey done and learn of the encroachment before you close this gives time for the seller to deal with the issue. That way it can be corrected before it becomes your problem.

Moral of the story: Get your property surveyed regardless of the lot size or the fact that it is a new house. Demand encroachment problems be addressed before closing .... otherwise it becomes your problem to deal with. Peace of mind goes a long way.

john worth · 04-06-2009, 07:54 AM

Bramca - what a horror story! I do not know what the situation is being that both houses were bought as foreclosures in NC. But something I would definately put into a deed if I were to sell to help protect myself from being in your shoes! Thanks!!

N_R_G - I agree 1000%. It was wrong of both of us to assume the fence line was the property line. I was happy with where the property line appeared. It actually comes out to be almost a wash as the neighbor has a slightly wider front lawn (the wider part of the "pie") and a narrower back lawn. They were not even aware how far back their yard went and had been satisfied with a fence that actually chopped almost 40 ft. off the back!

They are not much into yardwork or landscaping. Their yard is 80 percent weeds and as far as landscaping, they hack back the shrubs once every 2 or 3 years... The back yard looks more like a storage lot (old boat, a bunch of old oil barrels, stacks of lumber and pipe, an old swimming pool filter, and junk like that) - just all over their back yard....

john worth · 04-07-2009, 07:23 AM

"A verbal contract isn't worth the paper it's written on." - Samuel Goldwyn

robretpd · 04-07-2009, 01:55 PM

certainly a situation that you should discuss with an attorney. That said, play hardball. If they are asking you to sign papers giving them the rights to that section etc...then they are not sure of their position either.