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Old 12-08-2011, 07:12 AM
 
132 posts, read 544,337 times
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You really, really need a lawyer. A plot survey first, and then a lawyer depending on what you discover. Just reading your description of the situation gives me the heebie-jeebies. If your neighbor owns half your driveway, I hope it's a wide one, since they can stop you using that half of it. If their garage sits on your property -- well, maybe it's in their best interest to shut up about the driveway, since its in *your* best interest to insist that they remove it, before they gain any rights to the property.

But there's no way to know without a properly done plot survey.
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Old 12-08-2011, 07:18 AM
 
11,642 posts, read 23,859,121 times
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Quote:
Originally Posted by Gatsby12 View Post
for all the homes in the neighborhood. It appears that all the lines are diagonal, and there are many garages that cross-sect property lines.

I've never used a lawyer when making a real estate transaction previously, and I don't know anyone (other than large land purchases) who does use a lawyer when purchasing a residential home. The home is in a small-midwestern town (that they call a city here).
It really doesn't matter what anyone else does. Nor does it matter whether you are in a big city or a small town. If you buy a home that you know may have legal issues you need a lawyer to sort out those legal issues for you. Not every transaction requires a lawyer but any transaction that involves legal issues does need to have a lawyer.

Obtaining an easement from someone else usually requires a court order. You really need an attorney to obtain a court order. This is not something you can handle on your own. Nor would I leave it to a free legal aid lawyer. You really need a lawyer that specializes in real estate law.
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Old 12-08-2011, 07:23 AM
 
28,455 posts, read 85,164,534 times
Reputation: 18726
The "code officer" will generally only be concerned about the various standards to which structures are built / renovated.

The OP should have received a PLAT OF SURVERY, in fact lenders generally WILL NOT close a deal without one, nor will TITLE INSURANCE firms be able to verify clear title without such documentation. I suspect this information is in your "closing packet" if you used any kind of standard mortgage...

The neighbor strikes me as a least little bit NUTS. I would not attempt to "ask" her for anything. If their garage sits too close /over your side of the dividing line for your lot and/or your driveway crosses over her side of that line that seems like a situation that would best be address by the courts presiding over an equitable "re-platting" of both lots so that neither of you ends up losing any area to the other...

Most experienced real estate attorneys have encountered a situation like this over the years -- the general name for such cases is "adverse possession" but the specifics in each state can have some twists that may make it easier / more difficult to get this fully straightened out: Adverse possession - Wikipedia, the free encyclopedia

The neighbor sounds like a real "piece of work" -- hassling your movers as you unload into your new home is a real "welcome wagon" moment. I would let your attorney know about this winner and plan accordingly... Some attorneys pride themselves on their ability to "charm a snake" and maybe that is appropriate in this case, but others prefer to just "file the proper papers, let the other 'donkey' do their dance in front of the judge and trust that the guy (or gal) in the black robes will be able to accurately 'assess' which party is heads and which is 'tails'...."
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Old 12-08-2011, 08:32 AM
 
Location: Out there somewhere...a traveling man.
44,593 posts, read 61,419,964 times
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First of all this seems to be a legal problem so you'll need an expert realty lawyer. Second you should contact your city/county zoning dept to find out why such an arrangement was approved in the first place. It may be that that is a community access road which all parties have a right to the whole driveway/road.
If all the homes in the sub-division are built the same way with the access to their properties is a single uniform driveway then all would be public access roads and no one could be prevented from using it.
Your neighbor using the red line marker may be trying to force you into an adverse possession situation where after a period of time (set by local law) they could claim the area as their own and prevent you from using it. Again you need an expert in realty law (lawyer) to sort things out.
You need to look at your closing papers you signed read closely everything that is legal about your property and what the title company indicates in their paperwork. You should have a survey/plat map of what is yours and your easements etal.
And I'd find out why your realtor did not explain this to you in the first place. If they were holding something back they could be held liable for not disclosing along with the prvious owner. Again a lawyer thing.
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Old 12-08-2011, 10:15 AM
 
32,516 posts, read 37,091,970 times
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Quote:
Originally Posted by Gatsby12 View Post
I asked the home inspector about the driveway, which has cracks in the cement, and there was a red-pained, 12" line that appeared in the end drive. The home inspector and the realtor didn't know what the red line signified. I heard from my movers that the neighbor said the red line was where her property starts.
And my guess is SHE is the one who painted it. Get a lawyer. If she was yelling at the movers it's a sign she's not coming over for tea and a nice chat.

(You might find out about the people who owned the property before you. If they were neighbors from heck and caused problems for her it might explain the red line.)
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Old 12-08-2011, 10:44 AM
 
Location: State of Being
35,879 posts, read 77,264,411 times
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I cannot imagine a title company conferring title to this property. I have re-read this post 2 x b/c I thought - surely I missed something.

In one of my former homes, we had to work w/ the contractor (for the house beside us, b/f it was built) to deed off a small piece of property (about 36 sq. ft) to straighten out a line, or part of our fencing would have necessarily been on their property (odd shaped lot in back).

It was not the easiest matter to handle and we received 2 property tax bills from then on. There was actually a separate deed generated for that small piece of land.

Every state is different . . . but this situation gave me cold chills, as I cannot imagine being conferred title w/ issues like these.

You must get a real estate attorney involved and get this straightened out, literally.
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Old 12-08-2011, 11:06 AM
 
Location: Alaska
5,356 posts, read 18,516,351 times
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I'd also talk to the title insurance company to see what they have to say about the property.
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Old 12-08-2011, 11:42 AM
 
Location: Texas
5,717 posts, read 18,852,102 times
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Before you go spend any moneys on attorneys and such, go down to the courthouse or tax office and get a plat of your property. Most likely you'll find that the city owns the first 10-15 feet of land off of the street and that's where the driveway approach is at. Your neighbor does not own your driveway. I'd also inquire about property easements while you're there. Most areas have a building set back that is required from the property line. Since the garages are 3 feet apart, it sounds like somebody got something wrong somewhere. Then I would locate and mark the survey pins that are there although probably hard to find now. A metal detector works pretty good for this. I'd dug them out and spray the area and the pin with white spray paint. White is easy to see and will last the longest.
Where I'm at, it's a required 5 foot building setback from any property line and the front 15 feet of the property belongs to the city. You also need to get this figured out and quick. Your neighbor could have claims on the property via adverse possession. In most areas you have 2 years to make the determination and they have 10 years to make the claim, but it is subject to your state laws.
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Old 12-08-2011, 11:43 AM
 
10,135 posts, read 27,418,523 times
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Well, this is a breath of fresh air. Almost everyone here says you need a lawyer. And, indeed you do.

Standard form title insurance policies exclude insurance coverage for matter which would be disclosed in a survey. Which, apparently, you did not have. An actual physical survey of your property was optional on the part of the lender and in many communities it is the practice not to do surveys because they add $500to $750 to the cost of the loan.

Start by looking at the closing statement. If there is a charge on there for a survey, then look for a copy of it in your closing papers. If not ask the lender for a copy of the survey. Your lawyer will need it if one exists and you will waste his time and your money if you meet with him and there is a survey but you don't have it.

No survey? OK, the culprit is the seller. In your deed, he made a warranty of title. Somewhere in the deed it will say, "with general warranty covenants", or similar language, and your lawyer will tell you if, in Iowa that means that the seller warrants against encroachments which is what you have.

Good luck, try to find a real estate lawyer who also does ilitigation on real estate matters because you are probably gooing to end up suing the seller to fix this problem. You might start thinking about what it will take to move your driveway so it is on your property.

Good news is that your neighbor has a big problem. She's is gonna have to tear down her garage unless she works something out with you. Your lawyer will talk to her. Don't you do it. you have to live there for a while and its always a better idea for the lawyer to be the "bad cop." then you can be the "good cop."
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Old 12-08-2011, 11:51 AM
 
Location: Lexington, SC
4,281 posts, read 12,643,822 times
Reputation: 3750
Prior to selling a house, I had a survey done. We found out that one boundry line was not where all thought it was and had been treated as such for years. The line actually cut a bit across the front of my driveway. To make a long story short, I talked to my neighbor and we agreed to "shift" the line a bit to where we all thought it was, equally between our driveways. Basically looking form front to back along the boundry line, we shifted the front point about 15 feet to the left and the back point about 15 feet right. The net square footage loss/gain for us both was the same. I picked up a little frontage on that boundry side and I lost some toward the back. As I was the one with the issue, I paid for it all to be done.

There was ground level, embedded in the gound, granite marker with a hole in the top of it, equidistant between our driveways which were about 30 feet apart. For years all thought that was the property line marker. Turns out it was a survey reference point or something like that.

Unless one has a survey done one might be guessing/believing something is where it is, when it is not. I also expect any lawyer would say well let us get a survey done before we proceed.

My advice, get the survey done first. They will also install marker stakes so all can easily see the boundry lines. Let this be the start and see where it goes.
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