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He encroaches. She loses. Good surveys make good neighbors!
"Tyson wants to sell the Cary home she’s lived in for 37 years. "I just need to get in a place that I can get around better, I have a lot of health issues."
She has a buyer, who smartly got a survey, which shows an encroachment issue.
The problem, the neighbor’s concrete driveway, fence and even landscaping, stretches five feet into Tyson’s property."
He encroaches. She loses. Good surveys make good neighbors!
"Tyson wants to sell the Cary home she’s lived in for 37 years. "I just need to get in a place that I can get around better, I have a lot of health issues."
She has a buyer, who smartly got a survey, which shows an encroachment issue.
The problem, the neighbor’s concrete driveway, fence and even landscaping, stretches five feet into Tyson’s property."
Mr. Davenport sounds like a real swell neighbor. If I were the potential buyer, that alone would make me ask for my deposit back and run far, far away.
I feel sorry for Ms. Tyson (who I suspect allows people to walk all over her a lot.)
Mr. Davenport sounds like a real swell neighbor. If I were the potential buyer, that alone would make me ask for my deposit back and run far, far away.
I feel sorry for Ms. Tyson (who I suspect allows people to walk all over her a lot.)
I don't know the particulars, but I suspect a history between the two.
And, she can fix this, at a cost, if she really wants.
Her house is under contract as teardown, and I may surmise that Mssr. Davenport has reservations about a $600,000 house going up next to his.
But, yeah. He sounds like a sweetheart, all right. Knowingly squatting on a weaker neighbor to claim her property.
If this quote is accurate, "I do have a legal claim to the land," says Davenport. "The drive that I use has been here forever. It’s not like I have somehow commandeered this lady’s land, it was there", my knee-jerk reaction is that he should lose any such legal claims, and either be
required to return the encroached land to the condition as before
purchase the the segment and also pay the tax back 12 years for the encroached land
Then, can we just disbar his lawyer?
P.S. $260k for a teardown? "Location, location, location"
She knew he encroached when he paved his driveway years and years ago....but didn't want a "confrontation". Then he continued it by planting on her property. Yeah, I'd be happy to lose my EMD over this. Some neighbors are not worth it at any price.
I deal with people like her every day - hate to say it, it's the southern way. Don't cause a stink but expect other people to solve your problems down the line. And usually they are not so easily solved.
They should simply shift the property line. This is likely a case of adverse possession since he used her land notoriously and without permission and for a long time. Usually i think the time is 40 yrs in NC but I think he still might have a case here. Changing a property line between two neighbors is pretty simple. The surveyor can be paid to help with filing the paperwork.
The lot in question, I believe, is roughly .31 acres. The lot appears to only be 75 feet wide. With shrubs, it's possible that he encroached on her land a good 10-12 feet - how far back who knows.
Note: I am speculating all of the above, and an not involved in the particulars.
This website implies evoking squatter's rights takes 20 years in North Carolina.
Yes, she should have taken action years ago, when the (probably slow but sure) encroaching started happening. I don't think her inaction(s) (if so) makes his action(s) morally acceptable or legal - but I've been surprised and wrong about these things many times.
The lot in question, I believe, is roughly .31 acres. The lot appears to only be 75 feet wide. With shrubs, it's possible that he encroached on her land a good 10-12 feet - how far back who knows.
Note: I am speculating all of the above, and an not involved in the particulars.
This website implies evoking squatter's rights takes 20 years in North Carolina.
Yes, she should have taken action years ago, when the (probably slow but sure) encroaching started happening. I don't think her inaction(s) (if so) makes his action(s) morally acceptable or legal - but I've been surprised and wrong about these things many times.
20 years is right.
But, he has owned for 22 years.
And, I suspect he has used the driveway, paved or unpaved, the entire time. I.e., a record of use.
The curb cuts are over the property lines, so until he paved he likely already used her land to access. He would have had to relocate the curb cut to access the street without driving over the curb. Which one might argue would have been the right thing to do, ethically speaking.
His shrubs are large. Your "...good 10-12 feet..." is not too far off.
It is just a sad thing, to have this mess over something that was small and quite avoidable years ago.
"The neighbor told 5 On Your Side his attorney plans to meet with the buyer’s attorney next week."
That makes me hope there is a fix in the works. He owes the buyer nothing, but if he is willing to talk to them, perhaps they can come to a mutually agreeable resolution so the sale can proceed.
I.e., $$$, I imagine.
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.
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