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OP said she owns it, but she rents it out. It's still her property and she is there as a private property owner, not in a professional capacity.
I get that, I was responding to your post saying " No one wants to come home and see a stranger walking around their property and in their driveway." I agree she was not acting as an agent, I was addressing your position that the OP should have notified the owner of the property first. Again he/she was not expecting the owner to show up and why call ahead of time an invite a possible confrontation?
I get that, I was responding to your post saying " No one wants to come home and see a stranger walking around their property and in their driveway." I agree she was not acting as an agent, I was addressing your position that the OP should have notified the owner of the property first. Again he/she was not expecting the owner to show up and why call ahead of time an invite a possible confrontation?
I just would. If I were sending someone into her driveway, which is what happened (so it's not like he was out surveying the back 40), I;d have just considered it decent to give a head's up. If it's part of his land, he needs to let her know anyway, so why not from the beginning?
If I owned a piece of property, whether I lived there or not, and drove up to see a strange man walking in my driveway I'd start out being in fight or flight, so chances are I'd react badly even once I realized what he was doing. No, it wasn't required, I'm just saying I would have, because it is in my best interest to get along with my neighbors and I would want to be notified if it were me. I'd want to know if a neighbor suspected the property lines weren't drawn right and he thought some of it were his, and I'd want to know this answer too, so therefore I would handle it that way myself.
I just would. If I were sending someone into her driveway, which is what happened (so it's not like he was out surveying the back 40), I;d have just considered it decent to give a head's up. If it's part of his land, he needs to let her know anyway, so why not from the beginning?
If I owned a piece of property, whether I lived there or not, and drove up to see a strange man walking in my driveway I'd start out being in fight or flight, so chances are I'd react badly even once I realized what he was doing. No, it wasn't required, I'm just saying I would have, because it is in my best interest to get along with my neighbors and I would want to be notified if it were me. I'd want to know if a neighbor suspected the property lines weren't drawn right and he thought some of it were his, and I'd want to know this answer too, so therefore I would handle it that way myself.
Generally a surveyor should be sending out notifications that they'll be surveying the shared parcel line anyway. I generally do so and offer a copy of the map at the cost of reproduction if they would like a copy for review.
A certain amount of blame can be placed on the surveyor for not going through some basic professional courtesy. Even though landowners can't stop you from accessing their property to perform a survey (in my state at least), I'd rather be there with permission, however grudgingly, than wind up shot.
If a UPS driver on his own time, in his own car, won't let you into traffic or takes the parking spot you were going for and you get in a big argument over it, should you be able to get him fired from UPS since it had to do with driving a vehicle? You see the stretch you're trying to make?
I think a better analogy is you see a UPS driver drop off a package but then steal someone's mail. Sure, ultimately it is a police matter, but they probably shouldn't be in that job.
Yup, but there needs to be an angle that "protects the public", not a simple dispute. You can pull an agent's license for a DUI, since they really need to drive to use that license - a drunk agent could hurt the public. That's different than "my landlord is an agent and they charged me for carpet that wasn't damaged".. //not saying this dispute doesn't fit the mold for protecting the public, just that it isn't a "moral" issue or an "ethics" issue - if a crime was committed, that's enough, no need to muddy the waters by talking about things that aren't material.. Like "oaths" that don't exist.
Not so. If I have a foreclosure, I'm unemployed, I can't get bonded. My foreclosure isn't hurting the public. The OP filed a police report. If she repeats the action and subsequently gets arrested for trespassing on the neighbor (not the general public) E & O can refuse her. And, they don't have to have convictions, she can be denied coverage. If she is a Realtor, she most certainly agreed to abide by a particular standard of behavior. Realtors do care about their image and others that smear it, others may not, but they do.
I do not understand why she was reported to her broker. If my neighbor acts like a crazy person and causes me problems, I would never dream of reporting them to their boss/supervisor. However I would report them to the police possibly.
I think it was reasonable of the OP to report the real estate agent because realtors have studied surveying and land rights and laws and as stated above, has agreed to abide by standards of behavior, and for the neighboring realtor to go berserk and to interfere with a lawful survey was outrageous behavior.
People need to be protected from incompetent realtors, and also from thieves.
I just would. If I were sending someone into her driveway, which is what happened (so it's not like he was out surveying the back 40), I;d have just considered it decent to give a head's up. If it's part of his land, he needs to let her know anyway, so why not from the beginning?
If I owned a piece of property, whether I lived there or not, and drove up to see a strange man walking in my driveway I'd start out being in fight or flight, so chances are I'd react badly even once I realized what he was doing. No, it wasn't required, I'm just saying I would have, because it is in my best interest to get along with my neighbors and I would want to be notified if it were me. I'd want to know if a neighbor suspected the property lines weren't drawn right and he thought some of it were his, and I'd want to know this answer too, so therefore I would handle it that way myself.
But isn't the issue that it was not the absent realtor-owner's driveway, since it had been built on the OP's property?
It seems like the best time to survey the property is when the neighbor, who does not live on the property, is absent, since it appears it is strongly suspected that the property lines were incorrect.
I think a better analogy is you see a UPS driver drop off a package but then steal someone's mail. Sure, ultimately it is a police matter, but they probably shouldn't be in that job.
No that is not a good analogy because in yours, he IS representing UPS, he is at work, he is in his uniform....this lady was not, she was on her own time on her own property. She was acting as a private citizen, not as a realtor or any sort of professional capacity.
But isn't the issue that it was not the absent realtor-owner's driveway, since it had been built on the OP's property?
It seems like the best time to survey the property is when the neighbor, who does not live on the property, is absent, since it appears it is strongly suspected that the property lines were incorrect.
These things are actually common, mistakes get made when the homes are being built, it could have been drawn 65 years ago for all anyone knows. It's no one's fault and no reason at all to think she knew. Most people do not.
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