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10-08-2009, 10:19 AM
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Location: Alvarado, TX
10 posts, read 25,153 times
Reputation: 13
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There was a 12 foot sign placed in my yard by a property company, it was put up with 4x4's is cemented in and is huge and ugly. This company claims that they have the right to place their sign there, however I was never notified about any knid of easement. I am going to look at the records at the court house tomorrow morning, but is there any other way they would have the right to advertise on my property? I am already planning on filing a RESPA complaint aginst them for violating advertising laws, and ECOA laws. I don't want to advertise for this company that i have never done business with.
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10-08-2009, 11:32 AM
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28,461 posts, read 76,240,392 times
Reputation: 18535
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??? "advertise for this company that i have never done business with." ???
What do you mean "property company"? Like a developer? And is this technically "your yard"? It might some 'common area'...
I really really don't see how this could be a RESPA issue unless you are in the process of selling your home to the this "property company" and they have not yet closed or the "property company" is servicing your loan... Even more unlikely that this is an ECOA situation -- they'd need to be in one of the above categories AND discriminating against you -- Civil Rights Division Home Page
Most Federal Judges are not real amused by people that do not know where to file lawsuits relating to land uses. |
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10-08-2009, 11:43 AM
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Location: East Tennessee
3,928 posts, read 10,715,817 times
Reputation: 5241
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Egads  That's a really big sign! Hopefully it was placed there by mistake. I'd be curious to hear the outcome. |
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10-08-2009, 12:12 PM
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Location: Alvarado, TX
10 posts, read 25,153 times
Reputation: 13
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[quote=chet everett;11099224Most Federal Judges are not real amused by people that do not know where to file lawsuits relating to land uses.[/quote]
I'm not looking to sue them, I just want their trash (sign) out of my yard. What kind of recourse do they have if it happens to come down. The wind already blew it over once, then they moved it about two feet closer to my house and cemented it in.
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10-08-2009, 12:18 PM
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Location: Tempe, Arizona
4,511 posts, read 12,522,127 times
Reputation: 2197
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It would seem very unusual for someone to place a sign on "your" property unless they really thought they have the right to do it, especially a "property company" that should know better. Before you do anything drastic, you should go ahead as you originally said and do some research to determine who really owns that land, and what if any easements may have been granted. If you still think they are in the wrong, then you should contact an attorney to determine the best action to take.
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10-08-2009, 12:23 PM
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Location: DFW - Coppell / Las Colinas
36,739 posts, read 40,891,236 times
Reputation: 44309
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Do you have a survey when you bought the house ? It should show your property lines and any easemants.
Good reason to get a survey.
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10-08-2009, 12:24 PM
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Location: Alvarado, TX
10 posts, read 25,153 times
Reputation: 13
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Quote:
Originally Posted by rjrcm
It would seem very unusual for someone to place a sign on "your" property unless they really thought they have the right to do it, especially a "property company" that should know better. Before you do anything drastic, you should go ahead as you originally said and do some research to determine who really owns that land, and what if any easements may have been granted. If you still think they are in the wrong, then you should contact an attorney to determine the best action to take.
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If there are easements do they have to be designated to a particular company, or can they place the sign on a utility easement? |
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10-08-2009, 12:45 PM
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Location: East Tennessee
3,928 posts, read 10,715,817 times
Reputation: 5241
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You could contact your local county/city code enforcement department. There are sign ordinances and they'll be able to tell you if it's legit or not. Trust me, our local county has people out almost every Monday morning ripping out snipe signs.
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10-08-2009, 01:47 PM
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Location: Tempe, Arizona
4,511 posts, read 12,522,127 times
Reputation: 2197
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Quote:
Originally Posted by TampaKaren
You could contact your local county/city code enforcement department. There are sign ordinances and they'll be able to tell you if it's legit or not. Trust me, our local county has people out almost every Monday morning ripping out snipe signs.
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Good advice  , and may be your best and least expensive solution. However, other than checking that the sign itself conforms to requirements, not sure they would check if the sign owner has legal right to put it where they did unless it was city property. But worth checking. |
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10-08-2009, 02:00 PM
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Location: southwest TN
8,453 posts, read 16,132,928 times
Reputation: 15927
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Easements are not TAKEN, they are granted. When you bought your home, did you actually read the property description? It's on the Warranty Deed sometimes a big long description saying turn left, turn right 400', etc. Sometimes it'll say, Plat #, Lot # of Recorded Plat John Smith, blah blah blah - but check down at the bottom of that - it probably also says: subject to restrictions and easements of record. Then you have to go to Town Hall, to the Recorder of Deeds and ask them to help you find the "easements of record".
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