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Old 06-28-2010, 10:39 AM
 
23,544 posts, read 70,021,272 times
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flyonpa, that type font is almost impossible to read.

Naeem5, I too would avoid purchasing the property. The one issue that you think you may be able to resolve with a fence will blossom into a host of other issues.
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Old 06-28-2010, 10:52 AM
 
Location: Denver, CO
1,921 posts, read 4,760,187 times
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Out where we live if you have large tree limbs from a tree in your property that falls and damages other property, you are liable for the damages. Vice versa if a neighbor's limbs hang over your house and damage it, they would be responsible.
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Old 06-28-2010, 10:52 AM
 
Location: Londonderry, NH
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As much as I might, given my current mood, enjoy making my neighbors miserable over their parking on my property, I don't think it would be very neighborly. I suggest you find another place.
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Old 06-28-2010, 11:04 AM
 
Location: New Jersey
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To the OP I would highly advise against buying this house. You already know from the start you will be having problems with parking issues on both sides.
These potential new neighbors are used to doing this and will continue doing it.
You will be put into the position of new resident who arrived and is stirring up trouble.
Best advice is don't buy and save yourself the headache.

As to not owning the street, yes that is correct. BUT there is courtesy among neighbors. If they have boats, rv's and multiple cars in the street that's just rude.
In my town you can't park any trailer items in the street (boats, trailers) overnight.
Likewise if you have a car on the street it better be registered.
To the poster who mentioned the neighbors from hell find out your local regs on parking.
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Old 06-28-2010, 02:16 PM
 
Location: Planet Eaarth
8,954 posts, read 20,617,601 times
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Quote:
Originally Posted by naeem5 View Post
I'm looking to by a house. There is a minister and his wife on one side. They have 3 vehicles. They have been parking one by pulling up past the back corner of the house and about half the car is in my backyard. Then on the other side, they have 4 cars and park one in front on mine and another in my driveway. Mine or whoever moves in.
The lady with 4 cars is hard to get to the door and she acts like she does not know what is going on and has all the reasons why they only have 2 cars, daughter is moving, husband will park "down" the street.

I've told them my home owner's insurance won't cover damage to their cars.

Is this correct?
If there is a storm and a tree that is in my yard has large limbs and branches that reach over into these people's yards, break and damage their cars, even if they are parked in their own yards, am I liable?

They have trees whose limbs reach over my property too.

What happens when a tree is one yard damages something in another yard?

I got an answer to the people, I'll put up fences.

Wondering the insurance issues.

Thanks.
You've got a lot more to worry about than insurance issues here. There is a legal principal called the "Law of Adverse Possession" which means if you let them park on , or otherwise let them use part of your property for 7 years the land they use becomes their land.

I'd tell them to vacate your property then if the don't have a lawyer write them a letter then file for eviction or loose the land.

Squatters' Rights and the Law of Adverse Possession (http://law.suite101.com/article.cfm/squatters-rights-and-the-law-of-adverse-possession - broken link)

http://legal-dictionary.thefreedicti...rse+possession
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Old 06-28-2010, 05:49 PM
 
704 posts, read 2,061,907 times
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Quote:
Originally Posted by Tightwad View Post
You've got a lot more to worry about than insurance issues here. There is a legal principal called the "Law of Adverse Possession" which means if you let them park on , or otherwise let them use part of your property for 7 years the land they use becomes their land.

I'd tell them to vacate your property then if the don't have a lawyer write them a letter then file for eviction or loose the land.

Squatters' Rights and the Law of Adverse Possession (http://law.suite101.com/article.cfm/squatters-rights-and-the-law-of-adverse-possession - broken link)

adverse possession legal definition of adverse possession. adverse possession synonyms by the Free Online Law Dictionary.
ok, things have gotten more complicated and I care less if the neighbors want to be friendly or not.
On one side the curb and driveway is 3 feet in the wrong direction, causing me to have to drive over the curb to enter my space straight. Or if the neighbor, who has two parking spots in the same driveway, happens to have both cars there, I am forced to drive on my curb. If only one of their cars is there, I can drive a few feet over their entrance at about a 45 degree angle and then turn my wheel to the right to miss the pole that supports my porch roof. If they have both cars parked I have to drive over the curb or ask them to move one of theirs.
This house I want was built in the back yard of the house next to it. The man built it for his son and those people are long gone and new people live in the bigger house. I'm interested in a house which was originally a Black St. address, such as 946 1/2 etc. since it was built in the back yard. After construction, the city came and built a driveway in the back and on the side street, and this street is now considered the street that my house is on. They placed the driveway to close to one side. I'm asking the city if they can move my curb 3 feet so I can enter my driveway properly.
The lady had a stroke and she has been parking over the middle line leaving me to park close to the porch support pole. I have an easy answer to that and it is a small 3 foot tall metal link fence. If she gets too far away from her spot she damages her car and my fence will be 100% installed on MY lot, there will be no way she can claim I'm liable. They are not going to be neighbors that socialize any way, they are elderly and sick.
...........
now to the can of worms..........
On the other side we have a minister and wife. They have 3 cars. They park two side by side behind their house. There is no room for 3 side by side and they do not want to park it on the street. They built a nice wooden fence on their lot and conveniently stopped just short where they pull their 3rd car into a spot they made. They even have a brick path for their car wheels, those 1 foot square bricks. I found out that the house I want has a back yard that is 4 feet deep, from the brick wall back of the house to the property line. The nice green pasture out back is owned by the school district and they keep it cut. I'm disabled and can not cut grass so a 4 foot back yard is perfect. The issue is where they park their car, about 1/3 of the car is on my lot and they stoip short of that corner that is owned by the school system. They also claim they have parked there for 20 years.
What is easement?
My insurance agent said talk to a lawyer. He said, if ANY LIMBS from a healthy tree fall off my tree onto their car or off their tree on my car, neither of us is liable and out home owner's insurance pays for it.
I think someone said if my tree limb hits your car, I am liable. You need to call my insurance agent.
He says the only way I could be held liable to damage to their car was if "I" caused it, I was cutting a limb and hit their car, I was working on the roof and drop a hammer on their car.
He said not to discuss the car parking with them at all. Do not give them permission and don't say no or put up a fence either. Something about easement. Then he said if one of my friends was standing on my lot where about 1/3 of their car is parked, and the man was pulling in and going slow and then the car suddenly went fast and hit the person that my home owner's would cover me because I have liability.
It's not my fault they have 3 cars. I have 2 and will have to bumper to number them in the opposite side driveway or park one on the street.
I'm looking for insurance and legal advice on the parking, etc. and not advice on whether to buy the house or not.
My agent says that the current owner, Fannie Maw did not give them permission to park there and part of my offer can be that Fannie Mae pay to have a fence put up. That gets me off the hook as the bad guy. I don't care if they park there as long as I'm not liable for any damage to their car. My insurance man said if they do not have comprehesive on that car and a limb, any limb from anyone's yard falls on it their cost will come out of their pocket. They are taking a risk by parking in my yard and not having the proper vehicle insurance to cover a limb falling.

from my real estate agent:
That’s what I referred to earlier. But that has to be proven in court. You can’t just claim that. A judge has to award that. And I seriously doubt, Mr. Minister would try to go to court on this. Parking a car within inches of house would probably be thrown out… just my guess. But Adverse Possession has to taken care of in court. However, if the previous owners gave him permission to park his car there… that’s a license to park his car. That doesn’t give him the right to claim the property. I’m not an attorney but that’s how it’s been explained to me. He has to use the property for 7 years or more (((((((( without )))))))) the owner’s permission and a lot of other things go into the mix as well. A court doesn’t automatically grant it. I doubt they would anyway as small as your lot is compared to his.
--------------------
So, what about the current owner Fannie Mae. They never gave him permission to park on the lot they have for sale?
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Old 06-28-2010, 06:03 PM
 
8,777 posts, read 19,782,491 times
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Quote:
Originally Posted by naeem5 View Post

from my real estate agent:
That’s what I referred to earlier. But that has to be proven in court. You can’t just claim that. A judge has to award that. And I seriously doubt, Mr. Minister would try to go to court on this. Parking a car within inches of house would probably be thrown out… just my guess. But Adverse Possession has to taken care of in court. However, if the previous owners gave him permission to park his car there… that’s a license to park his car. That doesn’t give him the right to claim the property. I’m not an attorney but that’s how it’s been explained to me. He has to use the property for 7 years or more (((((((( without )))))))) the owner’s permission and a lot of other things go into the mix as well. A court doesn’t automatically grant it. I doubt they would anyway as small as your lot is compared to his.
--------------------
So, what about the current owner Fannie Mae. They never gave him permission to park on the lot they have for sale?
You should probably ask your question in the Real Estate forum here. I'm not an agent, but i'm questioning the intelligence of yours. I'd think adverse possession would only be a possibility if you had written disclosure regarding the situation.
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Old 06-28-2010, 06:49 PM
 
704 posts, read 2,061,907 times
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Quote:
Originally Posted by Stratford, Ct. Resident View Post
You should probably ask your question in the Real Estate forum here. I'm not an agent, but i'm questioning the intelligence of yours. I'd think adverse possession would only be a possibility if you had written disclosure regarding the situation.
Well my agent stated she was not a lawyer, and commented from what she has known about such matters in her buying and selling of homes.
I had never met the couple. I planned to just put up a short wooden fence there and they would get the message, or come say we have parked there for 20 years, put that fence up and we sue you and I'd say SUE.
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Old 06-28-2010, 06:52 PM
 
704 posts, read 2,061,907 times
Reputation: 97
Quote:
Originally Posted by Stratford, Ct. Resident View Post
You should probably ask your question in the Real Estate forum here. I'm not an agent, but i'm questioning the intelligence of yours. I'd think adverse possession would only be a possibility if you had written disclosure regarding the situation.

I thought this was an insurance and legal matter.
Can they legally park on my yard?
Can they claim damages if they park in my yard with my permission and a tree limb falls?

I'm not getting real estate out of any of that.

They got some rattle snakes in the real estate section and you got to be careful.
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Old 06-28-2010, 06:59 PM
 
704 posts, read 2,061,907 times
Reputation: 97
[quote=Tightwad;14813564]You've got a lot more to worry about than insurance issues here. There is a legal principal called the "Law of Adverse Possession" which means if you let them park on , or otherwise let them use part of your property for 7 years the land they use becomes their land.

I'd tell them to vacate your property then if the don't have a lawyer write them a letter then file for eviction or loose the land.

quote]

The amount of space they are using is the size of 1/2 their economy car, maybe 9 square feet on the corner of the back of the house.

I don't own the property but want to buy it. If I am in ANY way liable for any damage to their car for any reason, then I'll put up a fence and tell them my insurance won't cover their damage. And their insurance won't cover it either unless they have comprehensive.
If I am not liable, they can park there all they want. It won't bother me unless they arrive at night and their arrival and parking there, wakes me up.
Just because it's a minister won't affect my actions. By the way these people have stolen and destroyed multiple for rent signs because they want to choose their neighbor, the prefer the house to stay vacant or somebody like me move in. I doubt we'd speak to each other once a week on that side of the house, and on the other side those people zero times a week.
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