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Old 12-08-2011, 05:55 AM
 
4 posts, read 13,712 times
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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.
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Old 12-08-2011, 05:59 AM
 
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Quote:
Originally Posted by Gatsby12 View Post
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.
What did your attorney say when you were in the process of purchasing this property?
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Old 12-08-2011, 06:50 AM
 
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Default There wasn't a lawyer, only a realtor

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.
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Old 12-08-2011, 06:55 AM
 
11,642 posts, read 23,920,830 times
Reputation: 12274
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.

Why wouldn't you ask a lawyer about legal issues?
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Old 12-08-2011, 06:56 AM
 
Location: Inman Park (Atlanta, GA)
21,870 posts, read 15,093,187 times
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Did you get or purchase a survey when you purchased the property? I would get one if you don't have one so you know exactly where the boundaries of you property is.
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Old 12-08-2011, 06:59 AM
 
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Default So... ask a lawyer or real estate professional?

Would a free legal aide service, or a governmental agency be able to answer the question about building codes for me?
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Old 12-08-2011, 07:02 AM
 
11,642 posts, read 23,920,830 times
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Originally Posted by Gatsby12 View Post
Would a free legal aide service, or a governmental agency be able to answer the question about building codes for me?
You need a lawyer.
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Old 12-08-2011, 07:03 AM
 
Location: Prospect, KY
5,284 posts, read 20,057,539 times
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This is why it is so important to have a real estate attorney look at all the pertinent paperwork, meet with you so that you can ask questions and he can clarify issues - so worth doing that when you are purchasing a home - actually before you purchase a home.
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Old 12-08-2011, 07:03 AM
 
Location: southwestern PA
22,599 posts, read 47,707,443 times
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I would think you need to get a property line survey ASAP.
They are mandatory here for new purchases... and I am surprised you did not need to get one!

Quote:
Originally Posted by Gatsby12 View Post
Would a free legal aide service, or a governmental agency be able to answer the question about building codes for me?
Neither. Code questions go to the code officer for your municipality.
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Old 12-08-2011, 07:08 AM
 
4 posts, read 13,712 times
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Default I found an online resource which shows the property lines...

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).
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