Please Help. Neighbor encroachment led to water being shut off. Survey required?

[cully]

Originally Posted by CHTransplant

True - but covenant compliance is not really the main issue here. Property boundaries, encroachment, etc. are. I don't see the HOA playing any meaningful role in resolving those matters.

Funny thing is, their meaningful roll as I see it would be to NOT forget, to NOT act like it's okay, to NOT agree by their absence that this is okay. This encroaching neighbor does not need anything to lean on whether perceived or otherwise.

[CHTransplant]

Originally Posted by cully

Actually, as far as the HOA's territory, it is laid out in covenants and bylaws. They can do all kinds of things. There are many hoa's that do more than administer common areas. And many that, even with single family homes, have something in bylaws about backyards, can say just how something should look or be built in a backyard, require neighbor's approval for something in a back yard so that some residents can have a small shed...or large two story shed, or pool or dog run and nearby residents cannot. So, for once, they can get in on it in a constructive way. And I added that only because last time they "forgot". So, this time, it could be GTK.

I agree with all of this. I don't agree that the HOA is going to solve a boundary dispute. You can fuss about the driveway and required HOA approval all you want, it still won't settle the issue of missing survey stakes and the dispute over property boundaries. The OP might as well get to the heart of the matter and solve it all rather than dealing with the covenant issues.

[PeaceIsHappiness]

Thank you everyone. Every little bit of information helps. I know our HOA Covenants include collection of legal costs associated with homeowners not in compliance. And, HOA rep. confirmed the driveway extension was put down without HOA Approval. I would assume the HOA has authority to help both with encroachment of the driveway, water meter and refusal to honor IPs.
Is it better for us to hire our own attorney instead of depending solely on HOA? Would it be someone who deals only with Real Estate issues? Sorry, have never been in this situation before and would not will it on someone either.
Also, should we get a survey done and then find an attorney if the neighbor and HOA still do nothing? We feel this is a strong legal case since utilities are also involved. If we hire an attorney after survey, would that require a re-survey by the attorney's surveyor?
Trying to avoid double costs. Hoping if it goes to litigation, there may be a clause to recoup legal and survey expenses from neighbor. But we have to do what is necessary at this point.

Thank you for the Title Insurance tip...will also follow that angle.

Have received a lot of help from town and Wake County offices. We are trying to dig through our purchase/refinancing records since 1997, found PLAT and contacted the initial surveyor for the builder. They were very helpful, but deal only with corporate accounts. Would anyone know if a survey is required as part of refinancing? Can't remember if we had one done. We do have a plot plan signed off when we got Town permits for an addition in 2012. But, I assume only a current survey can legally prove if the EIP has been moved?
Heard that there are different kinds of surveys. Need something that actually measures distances and we plan to submit a record at WC Register of Deeds. Anyone know more about surveys and average costs for just shy of 1/4 acre lot?
Thanks again everyone.

[CHTransplant]

Originally Posted by PeaceIsHappiness

I know our HOA Covenants include collection of legal costs associated with homeowners not in compliance.

That's legal costs the HOA incurs - not costs you incur.

Originally Posted by PeaceIsHappiness

Is it better for us to hire our own attorney instead of depending solely on HOA? Would it be someone who deals only with Real Estate issues?

Yes, and yes.

Originally Posted by PeaceIsHappiness

Also, should we get a survey done and then find an attorney if the neighbor and HOA still do nothing?

I think I would talk to an attorney before doing anything.

Originally Posted by PeaceIsHappiness

Thank you for the Title Insurance tip...will also follow that angle.

This may be a good starting point - worth a quick call to see what assistance they can offer.

[nhuser]

As part of refinancing some of the appraisers take pictures. They might show the sticks old location and might help. I won't rely on HOA as they may not be that savvy. Some refi companies used to mandate a survey, checking with refi attorney might help. Good luck.