Property survey confirms neighbor is in our boundary, now what? (fees, properties)
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Neighbor put their house on the market. Our houses are old and close together. Since I bought the house in 2005, there has always been a gate attaching both our houses. There is a fence running down the back of the property clearly dividing the properties. Without getting into all the issues the buyer of the house is freaking out about this "shared" gate. Basically he would ned to come through our gate to get to the side of his house. No big deal for us and we have been willing to ignore that per the fence line separating the boundary has taken about 2-3 feet of our front yard. Well a surveyor shows up the other day and clearly marks that yes indeed, neighbor house has crossed over into our property with their front lawn. Like I said I'm leaving out the issues but let's say the interactions with both sellers (neighbor) and buyers (new neighbors) has been unpleasant.
So now what? We have been so mellow and accommodating and these people have been jerks. We're so not involved in any of their drama and now I just want to say, "you know what, dig up your lawn, rip out the sprinklers, we're tearing down the "shared" gate and we're building a fence down the whole property line". Problem solved. I hate to be this way but they have just pushed every button and my "let it be" attitude is gone.
Take it to an attorney and have them explain the next steps. Although you own the property, there is a possibility that time and circumstances has granted them a Prescriptive Easement over your land. The issue is fact and detail based so it's time for an attorney.
(Note: A prescriptive easement is not adverse possession or a deeded easement)
Take it to an attorney and have them explain the next steps. Although you own the property, there is a possibility that time and circumstances has granted them a Prescriptive Easement over your land. The issue is fact and detail based so it's time for an attorney.
(Note: A prescriptive easement is not adverse possession or a deeded easement)
While I am not going to disagree that it would be wise of the OP to talk to an attorney, I know from experience that often when new folks move-in they might be a little stressed and it is worth trying to calm things down instead of escalation.
Many towns have some kind of "alternative property dispute" process that may involve a trained mediator that can help de-escalate this at low / no cost -- worth exploring that possibility.
There is a long history of folks blowing these things way out of propotion and it would be a shame to not try to make peace before getting a new fence.
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
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I agree with the attorney and acting now. The time period required in your state for the Prescriptive Easement can include multiple users, so if it goes on for this new owner it will add to the time it was used by the previous owner.
I love how everyone's first option is rack up attorney fees. Considering this is not a unique situation the city should have a process to resolve it.
Most neighbors are pretty reasonable. I am sure that tensions are high between the buyer and seller and you are getting the spill over from that. While every situation is different, I highly doubt that the new owners want to start off in their new place on a bad note with someone they are going to live next to foreseeable future.
Are they aware that you have every right to what you mentioned (ripping everything out)? And when you say "freak out" what is that mean?
So it looks like the buyer found out about the property line and is mad at the seller and the loan commitment is coming close to ending and the buyer already spent money getting to this point....and the seller is, essentially, mad back. He may be unreasonable in saying it's always been like this so tough on the buyer. And the thing is, there can be issues with closing if there are survey issues.
I do understand spillover. I'm guessing something like the seller wants you to share in the expense of a fence.
At any rate, for the buyer .... and consequently the seller....time is of the essence. However, you could back off from getting sucked into that....except for the spillover going on so long it's now getting to you.
You may indeed need something legal and binding set down by a third party. In fact, even if you do decide on your own remedy of putting in a fence, you should get a consult at least to be sure you will be legally okay with that given the unusual circumstances.
You might also take a meditative breather away from your neighborhood. Then if you you like, choose a fence, get your front yard back, etc but from a place of a bit more blissful 'ah, silly neighbors, this is what I need for my peace' attitude.
Neighbor put their house on the market. Our houses are old and close together. Since I bought the house in 2005, there has always been a gate attaching both our houses. There is a fence running down the back of the property clearly dividing the properties. Without getting into all the issues the buyer of the house is freaking out about this "shared" gate. Basically he would ned to come through our gate to get to the side of his house. No big deal for us and we have been willing to ignore that per the fence line separating the boundary has taken about 2-3 feet of our front yard. Well a surveyor shows up the other day and clearly marks that yes indeed, neighbor house has crossed over into our property with their front lawn. Like I said I'm leaving out the issues but let's say the interactions with both sellers (neighbor) and buyers (new neighbors) has been unpleasant.
So now what? We have been so mellow and accommodating and these people have been jerks. We're so not involved in any of their drama and now I just want to say, "you know what, dig up your lawn, rip out the sprinklers, we're tearing down the "shared" gate and we're building a fence down the whole property line". Problem solved. I hate to be this way but they have just pushed every button and my "let it be" attitude is gone.
I would certainly do this, before they complete sale.
Unless you have need for using the land, lease the land to the buyer for a nominal sum to protect your property rights.
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