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It sounds like Mr. Davenport knew full well the driveway was at least in part on Ms. Tyson’s property when he had it paved, and he had it paved it when she was out of town, and he admits to knowingly planting shrubs on her property. This all sounds like he did indeed “commandeer” her property, and I don’t think squatter’s rights would hold up, especially given the time frame. Neighbor’s shouldn’t just be allowed to bully neighbor’s out of property.
Yes, she should have said something at the time, but he shouldn’t have paved and planted on her property forcing her into a difficult situation of having to confront him after the fact which for many reasons could have been very hard for her. I feel bad for her and while I normally wouldn’t be rooting for a tear down developer, I hope they can work something out for Ms. Tyson’s sake so she can move on.
Also, bonus points for the use of “kerfuffle,” one of my very favorite words.
Last edited by ITB_OG; 07-04-2020 at 04:51 PM..
Reason: Typo
This also likely means his work was not permitted, so he's now opened himself up to TOC taking notice of him and his property. I think he realizes he needs to get this taken care of so HE can sell one day.
He doesn't need a permit to pave the driveway or plant shrubs.
He doesn't need a permit to pave the driveway or plant shrubs.
I would think even though it does not need a permit it would be subject to encroachment/setback limitations. I think in the TOC an uncovered driveway can only encroach up to the property line.
Oops you all are right it is 20 yrs in NC. I’ve read as much as 40 yrs elsewhere. But the fact that the guy occupied her property and she did not know it is a problem. If she had given him permission it would not be adverse possession. And, he can never actually keep the land unless he wins a civil suit. So she could sue him first then hopefully go into arbitration and get something out of it.
I think he realizes he needs to get this taken care of so HE can sell one day.
That’s a good point that I hadn’t thought of that gives me hope that this will get worked out. And who knows, maybe the buyer will make Mr. Davenport an offer too especially if it’s one of the usual Cary developers that likes to gobble up places like that.
I would think even though it does not need a permit it would be subject to encroachment/setback limitations. I think in the TOC an uncovered driveway can only encroach up to the property line.
I don't think driveways are restricted to setbacks.
Many go right to the property line.
To relocate a curb cut for a driveway?
Definitely need a permit.
And all he did was pave an existing driveway. He didn't create anything.
Why didn't her realtor assist her in getting a proper survey when she bought the house in the first place? If her realtor did his job then, she could have rectified the situation then. Sad that it ended up this way now.
Why didn't her realtor assist her in getting a proper survey when she bought the house in the first place? If her realtor did his job then, she could have rectified the situation then. Sad that it ended up this way now.
When she and her husband purchased in 1982, did they have an agent?
A buyers agent?
Sadly there is no way Ms Tyson is getting her deposit back or any compassion from Lennar Builders if she has to back out...
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