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1. I find it hard to believe that it is not possible to obtain a defensible survey of the property (unless, perhaps, if it is leased property on government land).
2. Adverse possession rules are state-dependent.
3. I have heard (even though I didn't sleep at a Holiday Inn last night) that a registered letter TO the other party, stating that you grant permission for now to use the property, until further notice, forestalls future claims of adverse possession.
4. Contact a local lawyer for the real story.
I though the same thing about the survey. My agent said that no one in the HOA gets surveys because of the reasons previously stated. It didn't really bother me at the time, but I'm older and wiser now (not as wise as I would like). There was no lender involved and the title company didn't require a survey.
Just take out the plant she put in and replace it with something else this Fall, maybe some mums. if she says anything, just say you were looking for a change. And you maintain the new plant.
Then you reclaimed your property before she used it long enough to stake a legal claim.
And if she puts anything else in your yard, pull it out immediately and tell her you have your own vision f what you want.
Just take out the plant she put in and replace it with something else this Fall, maybe some mums. if she says anything, just say you were looking for a change. And you maintain the new plant.
Then you reclaimed your property before she used it long enough to stake a legal claim.
And if she puts anything else in your yard, pull it out immediately and tell her you have your own vision f what you want.
This, but also talk with a real estate attorney (not just any old attorney).
She really has a set of cojones on her, doesn't she? You don't have to let her do anything just because she wants to, you do know, don't you? Might be an interesting lesson for her to learn.
My agent said that no one in the HOA gets surveys because of the reasons previously stated. It didn't really bother me at the time, but I'm older and wiser now (not as wise as I would like). There was no lender involved and the title company didn't require a survey.
Is this a condo community with stand alone properties, or is this actually single family residence? I ask because surveys are not necessary on Condos as everyone owns the land equally. On a single family residence, any sale involving a lender would require a survey, so for your agent to say no one gets one, it's like saying no one ever finances their purchase there, which I find unlikely...
Is this a condo community with stand alone properties, or is this actually single family residence? I ask because surveys are not necessary on Condos as everyone owns the land equally. On a single family residence, any sale involving a lender would require a survey, so for your agent to say no one gets one, it's like saying no one ever finances their purchase there, which I find unlikely...
It's a single family residence. That's a good point, though, as I'm sure that some sales have involved lenders. I'm going to check further on that.
This, but also talk with a real estate attorney (not just any old attorney).
She really has a set of cojones on her, doesn't she? You don't have to let her do anything just because she wants to, you do know, don't you? Might be an interesting lesson for her to learn.
Yes that's a good idea (putting in my own plants and RE attorney). She definitely pushes her boundaries. She excavated down and extended her patio to the property line so that whenever people are sitting on her patio furniture, they are at eye level with my window just 3 feet away. Rather intrusive.
Last edited by mil88lim; 09-03-2018 at 06:37 PM..
Reason: clarification
Not sure if this is the correct forum for this, so admins feel free to move if necessary...
I have a property in a small resort community. The homes are very closely spaced, with typically only ~3 feet of space separating each property. A neighbor on one side had specific landscaping plans that conflicted with what I already had in place. Basically, I'm a low maintenance type and she is a controlled landscape type. One day I returned from work and found that she had replaced my scraggly brush with some nice shrubs, because she stated that she wanted to be able to enjoy her view when out on her patio. I'm a pretty accommodating type, and I said they were pretty and thanked them for improving the view for both of us. She waters and maintains that garden spot. Now, a couple of years later, it has occurred to me that she could potentially make an adverse possession claim for my property. Any thoughts?
All you have to do is serve her notice of where your property lines are and the potential for her claiming adverse possession is nullified. Do this through an attorney and certified or registered mail, with return receipt, so you can prove she received it. But you'd better have corner markers, placed by a licensed surveyor.
Is this a condo community with stand alone properties, or is this actually single family residence? I ask because surveys are not necessary on Condos as everyone owns the land equally. On a single family residence, any sale involving a lender would require a survey, so for your agent to say no one gets one, it's like saying no one ever finances their purchase there, which I find unlikely...
I'm sorry, but this is definitely an "in my market" issue. Nationwide, lenders do not require surveys for all single family detached homes.
And other responses from other posters in this topic make it very clear - posters need to get professional advice in their local market.
Thanks! I'm definitely getting an attorney involved. When she first moved in, she instructed her landscaper to cut down one of my trees that she didn't like. Luckily, I came home from work just in time to stop him. I don't trust her.
Yup, find a real estate attorney, because this is out of control. She is treating your property like it is her own, and that's simply wrong. I wouldn't allow her to do anything on my property even if it made it look nicer and she paid for it. Otherwise, she is going to continue to do things which encroach on your property, and your enjoyment of it.
Also, you have the right to not change anything on your property just to suit her liking. She can do whatever she wants with her property, but she is not allowed to trespass or alter your property in any way. Talk with your real estate attorney and see what he/she recommends. At the very least, she should be sent a letter. It might be also to have her remove those things or inform her that you are going to remove them from your property.
I also don't like the idea of control freaks bullying you into doing something for their pleasure without any regard for yours. You have the right to enjoy your property as you wish, and she should not be allowed to function as some sort of self-appointed HOA that applies only to you.
Yes that's a good idea (putting in my own plants and RE attorney). She definitely pushes her boundaries. She excavated down and extended her patio to the property line so that whenever people are sitting on her patio furniture, they are at eye level with my window just 3 feet away. Rather intrusive.
More evidence of the peaceable and adverse...a strange combination but she does it. Having a nice time with her friends, enjoying your flower bed, expressing to her friends how she cultivated that bed. As time passes, the more she uses and enjoys her patio, she will extend a bit into your 3'. She'll be doing this openly and consciously and her friends will back up how often she enjoyed it, how the current patio and flower bed were significant parts of her entertainment and how well she cultivated the garden and how completely she used it as part of her home entertaining.
And in full view of you and your window. Part of the definition of adverse possession.
Does she not have an area of her house in the rear where she can entertain? But that's not what she wants to adversely possess.
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