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I purchased a home six months ago, and the lot lines are diagonal. My neighbor's property line covers half my driveway's entrance at the entrance, and the neighbor's garage sits on my plot line.
The neighbor has yelled at the movers for having their truck on her plot line. I would like to put up a two-car garage eventually, and wonder if she can keep my workers from accessing my property? Is there any sort of time frame that I must ask for an easement?
I've often heard that possession is 9/10ths of the law. If I don't ask for and get an easement for the entry part of my driveway, will the neighbor be able to keep me from constructing a new garage? Also, my garage is old, and leaning, and there's less than 3 feet of space between her garage and my garage.
Answer to the thread title: (though no longer relevant) Before you bought the property.
Lawyer time.
I was going to put an addition on my house, and had the site surveyed. I lived way out in the woods, all the neighbors were on big lots, and we virtually couldn't see each other's houses. My driveway in one corner went over the lot line by an area of 2' by 4' (this is 800 feet from the lot-owners house, through the woods). My neighbor didn't care, but the planning/zoning board literally freaked out when I went in front of them to get a building permit. Ultimately, I ended up moving.
I am no lawyer, but I don't think he has to give you an easement, as it should have been in the deed.
Also, look into the local laws for setback requirements (concerning the garages).
(As an aside, look at the measurement mistakes that were made when the US and Canada were trying to set up their borders. The US 'Fort Blunder' was built on Canadian soil) ;-)
Last edited by SuperSparkle928; 12-08-2011 at 01:57 PM..
Answer to the thread title: (though no longer relevant) Before you bought the property.
Lawyer time.
I was going to put an addition on my house, and had the site surveyed. I lived way out in the woods, all the neighbors were on big lots, and we virtually couldn't see each other's houses. My driveway in one corner went over the lot line by an area of 2' by 4' (this is 800 feet from the lot-owners house, through the woods). My neighbor didn't care, but the planning/zoning board literally freaked out when I went in front of them to get a building permit. Ultimately, I ended up moving.
I am no lawyer, but I don't think he has to give you an easement, as it should have been in the deed.
Also, look into the local laws for setback requirements (concerning the garages).
(As an aside, look at the measurement mistakes that were made when the US and Canada were trying to set up their borders. The US 'Fort Blunder' was built on Canadian soil) ;-)
I'm an engineer like Sparkle here, and I immediately recognized that you bought a property with legal problems. A lawyer would have been much cheaper going into the deal, probably because it would have been less work, and/or it might have been as simple as "don't buy this" - proper planning prevents poor performance and all that rot.
It will cost more to fix the problem now than it would have to prevent it then, but what's done is done, you need to at least consult a good attorney and find out what your actual legal situation is right now. Based on what you find out, you can figure out what, if anything, you want to do to fix your problems..
Try to avoid making an enemy out of your neighbor - friends come and friends go, but enemies accumulate...
I had a personal experience with this myself. I had a fence company putting up a privacy fence and my neighbor ran them off saying he would sue them for putting the fence on his side of the line. I had to get a surveyor. After a bit of transit work, the guy strolled up and put a spike right in the middle of my neighbor's driveway, four feet from his house. Hahahaha. He dropped his objections and we never had another bad interaction.
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.
My last two homes were surveyed and marked. In each case I learned that the front (street side) 10-15 feet of what I thought was my front yard is actually a public owned right of way. When I asked about it I was told it is a public utiliity right of way so the homeowner cannot deny access to utility companies to work on their lines, pipes, whatever. Now all utilities here are underground and the right of way quite common. Not sure if this is true in all places.
While the plat is a good idea I doubt you will find the survey pins. I also doubt the neighbor is going to believe you as she seems to have her mind made up where "her" property line is.
I am afraid in the long run you are going to have to get a survey done for your own piece of mind and to prove such to her.
Last edited by accufitgolf; 12-09-2011 at 08:06 AM..
I had a personal experience with this myself. I had a fence company putting up a privacy fence and my neighbor ran them off saying he would sue them for putting the fence on his side of the line. I had to get a surveyor. After a bit of transit work, the guy strolled up and put a spike right in the middle of my neighbor's driveway, four feet from his house. Hahahaha. He dropped his objections and we never had another bad interaction.
My son had a similar experience. His neighbor did not want him to be able to join a chain link fence to an existing fence the neighbor had already installed. He had a survey done, and the neighbor's fence was on my son's side of the property line.
Neighbor moved his fence. Son put up his own fence. Now there are two fences with a narrow no man's land in between. Hope the neighbor likes the way it looks!
I learned my lesson when I bought my first home at age 22.
Two major issues: property line and the fact that my well was also providing water for my neighbor's home. The neighbor had owned both homes and sold one to me. The yards were large, more than half an acre.
I found out about the property line issue when I started having a fence installed. The neighbor came and complained that I was putting fence on his property, which he 'verified' by having his 20 year old daughter state that she remembered planting bushes there when she was ten years old. The bushes were still there, so that meant that it was their property, not mine.
The well became an issue when they sold their house and the buyer, who was smarter than me, had a lawyer review everything. So lesson learned: a lawyer's review can save stress and $$$$ down the road.
Neighbor moved his fence. Son put up his own fence. Now there are two fences with a narrow no man's land in between. Hope the neighbor likes the way it looks!
Some people are so territorial!
i moved into a house almost 2 yrs ago that has this 2 fence ordeal. my property and the neighbors both have previously built fences, with an area of several feet in between. we were told it was an easement. that the town needs to have access to it for poles/wires/etc. the township told us that neither property owner could build on it and thats why our fences are where they are. now my white trash neighbor has decided to start storing useless garbage in the easement. old tables and other crap. he always tries to take advantage of me because im way younger than him and inexperienced with home ownership. we ended up fighting over the property line when he tried to extend his driveway so he could park his whitetrash RV on the property. god i hate pennsylvania.
I found out about the property line issue when I started having a fence installed. The neighbor came and complained that I was putting fence on his property, which he 'verified' by having his 20 year old daughter state that she remembered planting bushes there when she was ten years old. The bushes were still there, so that meant that it was their property, not mine.
thats funny, my ******** neighbor tried to tell me where the property line is by saying "i asked aunt so and so" she told me!. ( he doesnt own the house. he is freeloading off of his wifes aunt). what kind of answer is that?? who gives a **** what aunt so and so said!!!!
I am surprised that in this whole thread no one has suggested going to the county courthouse to review the Neighbor's deed to see if there is already an easement on it. Easements transfer with the sale of property etc. So it may be that the easement already exists whether she likes it or even knows about it or not. That to me would be the first thing to determine.
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