Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I know it sounds cynical, in matters like this, I simply do not trust that my neighbor is correct. Willingly or just misinformed. There *is* a legal boundary. It does not matter what he thinks or you think, the ONLY thing that matters is the legal boundary. Once that is known, they you can look into solutions.
Given his history, keep an eye on things. He must just go ahead and start building without regard to laws or codes, either out of ignorance, claimed ignorance or simply he is someone who feels he doesn't need permission to do what he wants (we are a country loaded with folks like that).
Good luck, Miss Pip. Fight the good fight.
Hah
Thank you. I guess I've been feeling really vulnerable for the first time in my life. I'll keep you guys/gals posted on how it goes.
I would really plan on getting a survey done yourself so you KNOW where the boundary is. That way you can deal with him from a position of confidence. I wouldn't trust any documentation he comes up with until I had my own. And I wouldn't do any 'split the cost' deal. I would want my own survey done by a licensed surveyor. If things get ugly you will need it anyway so go ahead and do it now.
Thank you. I guess I've been feeling really vulnerable for the first time in my life. I'll keep you guys/gals posted on how it goes.
Thanks for the support
I can't add anything to the great advice that you've already been given, but I can say that I really hope everything works out for you and that I'm pulling for ya. Definitely keep us updated!
a property line dispute with attorney involvement even in a cheap, rural area would require a $10k+ retainer, and - a survey.
He obviously doesn't have a survey, or a retainer fee for an attorney.
He has a tape measure & a big ego.
I wouldn't mince words at this point - "produce the survey, or go away."
Then, forget it. Don't waste any more stress over the matter.
I would add, and be warned that if you or your agents enter into my property without permission that you will file trespass charges.
I ahree with those who say he sounds like he is trying to get something from you.
Also, be careful that any grading he does or wall building does not adversely affect your drainage by forcing more water onto your property. This is typically illegal, but I wouldn't put it past the guy.
Given his history, keep an eye on things. He must just go ahead and start building without regard to laws or codes, either out of ignorance, claimed ignorance or simply he is someone who feels he doesn't need permission to do what he wants (we are a country loaded with folks like that).
Isn't there some low cost/no cost/no-attorney way of stopping this before it happens by filing a complaint against him with the county (using your emails as proof), thereby forcing him to pay for the survey before any work can commence on his property? I agree that getting as much info as possible is good idea, but I'd find a free way of doing it first before paying for anything, including a survey. OP may end up having to lawyer up or get a survey ultimately, but should explore the free options first. Maybe the OP can call someone at the county to ask if there are existing county ordinances/rules/etc to stop a bulldozing neighbor.
My neighbour is Chinese and sometimes I wonder if there's a cultural/language barrier as I have had this issue before but not with all Chinese people. I don't know. I'm from the UK and even sometimes with Americans there's minor cultural barriers but never anything major. But I don't want to start making up excuses for him. Last night he emailed me the following below and it's like he's completely ignored what I said about providing a property survey so we can resolve the issue.
"Understand. We have tried to inform you and hence your title company about the potential encroachment, and obviously, they are not looking into resolving this issue.
I was hoping that we can save some legal fees and apply the money to fence and stuffs that worth the while, but looks like we still have to deal with it through legal means.
It is interesting that they say the bump out from your backyard into our property is not an 'encroachment'. Whenever you put up a structure (in this case, the fence) that extends into other people's legal boundary, you are intruding into their space and that is encroachment.
By the way, the property line shown in the topo map by our surveyor was done based on the City record. They were right about one thing, I don't think any portion of your garage is a problem, it was built right on the property line based on what is drawn on the map. Our dispute is about part of your fenced drive way and part of the fenced backyard."
He sounds like a bully and like he's trying to bully you into handing over a portion of your property. It may be his and it might not, but he's got to prove it first. Doesn't he understand that he's the one who's going to incur the legal fees first to prove this encroachment? I agree with the others who've said to just respond by telling him to have a survey done and then you'll talk. See what the survey shows first then you can decide what to do from there.
and you are not responsible for paying for any portion of a fence that he want's to put up. You know darn well he'd put it more on your side than his anyway.
It doesn't sound like he's talking about a lot of land. Why is making such an issue of it? Is his lot that small that maybe he's having trouble getting permits to build?
That is not relevant in this situation, as the OP has only owned the property for a few months and has been notified of a possible encroachment.
It doesn't matter how long the OP may have owned the property. With claims of adverse possession or prescriptive easements, it is the length of time of the encroachment that would matter. (And I'm not saying one way or the other whether that is the case here.)
Quote:
Originally Posted by phxone
The OP really needs to consult with an attorney, it will only cost a few hundred dollars to talk about options and come up with a plan to deal with the neighbor. If the neighbor is correct, the best way to handle this dispute would be to negotiate a fair price and purchase the extra land.
The OP needs to continue to insist that the neighbor deliver a copy of the survey to the title company.
As a lawyer (albeit from a state other than California) - I am kind of scratching my head here. The neighbor isn't under any obligation to send whatever survey he has to the OP. And the OP bought from a flipper who obviously wasn't interested in legal niceties.
Instead of writing messages here - the OP should get off her behind and go down to the courthouse to see if she can find any survey(s) in the chain of title. If she can't - she'll have to pay for one (although I think she should shop around price-wise). All of this talk is worthless. The property line is where it is - and the sooner she finds out where the property line is - the better. Robyn
Agreed! Very important to understand just how quickly things can get CRAZY...
Quote:
Originally Posted by Robyn55
As a lawyer (albeit from a state other than California) - I am kind of scratching my head here. The neighbor isn't under any obligation to send whatever survey he has to the OP. And the OP bought from a flipper who obviously wasn't interested in legal niceties.
Instead of writing messages here - the OP should get off her behind and go down to the courthouse to see if she can find any survey(s) in the chain of title. If she can't - she'll have to pay for one (although I think she should shop around price-wise). All of this talk is worthless. The property line is where it is - and the sooner she finds out where the property line is - the better. Robyn
I have a whole lot of sympathy for the OP saying that they are a little strapped for cash. I also feel that anyone that is not showing empathy to someone from the UK being a bit bewildered by the way that things are done in the US as far real estate and government services is not being helpful.
The thing is, if the OP does not start taking some proactive steps to ensure that the goofy flipper on the next door there is terrible chance that something really awful could happen -- one "accidentally on-purpose" moment of the builder backing high back-hoe through the OP's garage and the potential for TENS OF THOUSANDS of value being destroyed would literally make me sick to my stomach.
Any lawyer will always say "first one to courthouse has a BIG advantage" and the OP really needs to make the effort to check on the official records ASAP.
I have a whole lot of sympathy for the OP saying that they are a little strapped for cash. I also feel that anyone that is not showing empathy to someone from the UK being a bit bewildered by the way that things are done in the US as far real estate and government services is not being helpful.
The thing is, if the OP does not start taking some proactive steps to ensure that the goofy flipper on the next door there is terrible chance that something really awful could happen -- one "accidentally on-purpose" moment of the builder backing high back-hoe through the OP's garage and the potential for TENS OF THOUSANDS of value being destroyed would literally make me sick to my stomach.
Any lawyer will always say "first one to courthouse has a BIG advantage" and the OP really needs to make the effort to check on the official records ASAP.
Thanks. I did call up the records office (I forgot to add that to the OP) for maps but the maps don't say much. I need to keep shopping around for a better price than $1750.
Quote:
Originally Posted by Robyn55
...Instead of writing messages here - the OP should get off her behind and go down to the courthouse to see if she can find any survey(s) in the chain of title. If she can't - she'll have to pay for one (although I think she should shop around price-wise). All of this talk is worthless. The property line is where it is - and the sooner she finds out where the property line is - the better. Robyn
I have to sit on my arse to do my effing 9-6 job, so why not multitask whilst I'm in boring meetings and see what other people think of the situation?!
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Agreed! Very important to understand just how quickly things can get CRAZY...
