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Yeah, I agree with you on the neighborly thing, however; this shouldn't be my problem. The encroachment started during the sellers absence. It was not like that when I signed the contract, only when I took possession.
It's escalated to the agents boss, I'm a long time client of his. They've offered to talk to the sellers agent, but she is a brand new agent and inexperienced and everybody got their money already.
My issue is that this needs to be resolved in a nice way with the neighbor, but my agents suggestion of taking over a plate of cookies to beg for my property back when the seller let it get like this is ridiculous. I think they should be the ones to handle this.
You know it's possible that the neighbor didn't ask the tree service to place the wood there at all, but is something that the tree service did on its own.
Give the neighbor the benefit of the doubt, and walk over there and ask him nicely about it. Get the scoop.
I don't understand why you keep referring to your agent. Is this a rental property for you? So an agent is going to manage it for you?
How do you know who the wood belongs to or are you guessing?
Had something similar and I went over to my neighbor to apologize they had to put up with an old boat the previous owner left behind... then said they won't have to look at anymore because I was having it hauled away on Saturday.
When I came back the next day the boat was gone.
The final walk through is critical... kind of like a wedding... speak now or forever hold your peace.
Sounds to me like you are the bad neighbor ! All you have to do is ask the neighbor to move it or you will. Nothing more, nothing less. Or are you one of those folks that makes a mountain out of a mole hill over everything.
Neighbor cut down trees and is storing mounds of firewood in the driveway. This happened after I signed the contract. My so called agent supposedly missed it during the walk through. I'm pissed because the seller let the neighbor encroach onto the property and my agent didn't say anything. I should have done the walk through myself but my agent, realizing it was in her best interest to say everything is great, went and told me everything is great.
Now that the deal is done they claim there is nothing they can do. I call BS, because the condition of the property is not just the house but the land. Now I'm left to deal with the neighbor and the legal issue of it. Imagine if it wasn't firewood, just illegal dumping. My **** poor agent would likely try to claim there is nothing they can do about it now. Very convenient for her and the seller, but I think she is full of crap. I don't think it is unreasonable to expect the seller to deal with the encroachment as opposed to me. It happened because she was out of state for months and people started using the driveway for personal storage. Now I'm left to go police them?
I'm confused since it was never clarified in this thread that I could see.... WHOSE trees were cut down?
Do you as owner of the property even know? From info provided you may have another complaint or simply a neighbor who did you an inadvertent favor?
You may want to investigate specifically what type of tree, whose was it and why it was cut down.
I ask because you mentioned that it seems the cut logs are diminishing over time. If they were trees on your property and you wanted firewood consider it a gift (whether you intend to burn or sell).
As countless others have mentioned, simply walk next door and introduce yourself. Then if the wood is something you definitely want removed mention (as prior poster mentioned about the boat discovered in driveway being hauled away) that you were going to sell the firewood. That will likely solve issue.
One caveat. If the firewood looks diseased or rotted, and said 'neighbor' is storing it anywhere near your lot line (you do know it, I presume?). You may want to just have it hauled away. It's possible you have lazy neighbor that may place 'bad' firewood in close proximity (I don't know layout of property to house) causing other potential nuisances (termites , carpenter ants etc..). Our region has problem with Asian ash borers and many ash trees have been cut down and the State Department of Natural Resources has specific rules on disposal / sale.
Let us know how quickly it was resolved. Many times it's simply the neighbor wasn't aware of the issue, especially when people seem afraid to talk to each other. Also it's an opportunity to get an early assessment of what type of neighbor you have.
BTW, Will you actually be living in the house? Because if you plan on being a landlord it would be wise to introduce yourself and make good with someone who may have a problem with your tenants. Remember good neighbors go both ways.
Tangential thought, especially if you are going to be landlord and whether it is a HOA community or not. It is much easier when you introduce yourself to neighbors/community and communicate with them about any rules (property lines etc...) so everyone is aware upfront. Good luck.
I am sorry but I need to say this OP. I am glad you are not my neighbor. Think about it. You have moved into a new home and instead of just wandering over to the neighbor and discussing it you are on a public forum complaining about a pile of wood, the previous owner and the agent. Well nice start to your time in the hood....hats off to you! Keep in mind that you are the new guy on the block. Your neighbors most likely have come to know eachother and have formed some relationships. Do yourself a favor and just open your physical mouth and go talk it out.
I have come to a different conclusion since my post yesterday. Perhaps as ciceropolo suggests...this was simply a gesture for you, the new neighbor...free firewood after culling your trees...and the placement was deliberate, so you'd know it was meant for you.
You never did clarify...is it your trees that were cut down?
Go in peace, meet your neighbor, discuss the wood pile...only way to know...and proceed from there.
Pics would be extremely helpful here.
if the neighbor stores his stuff on your property long enough and can prove it (8-10 years in WA), he could be considered a "squatter" and therefore entitled to that portion of your property by "Adverse Possession"
as far as you know this started recently but what if it has been happening on and off for years, this is no laughing matter
i would:
1- have him remove his stuff within 24 hours
2- document everything, take pictures (i know it sounds silly but you may be glad later)
3- erect a fence thereby making it overtly clear that there is no "right of use" ongoing
be nice, he is your neighbor, but protect your property rights as your title insurance may not recognize a claim where you were complicit
there are several high profile cases in CA where surfers have been trespassing on oceanfront properties to access the beach for years, and now have the legal right to do so... their continuous and documented trespassing created a "right of way"
Last edited by azsportpilot; 02-18-2016 at 10:18 AM..
For christ's sake, jut go over and talk to the guy.
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