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Location: When things get hot they expand. Im not fat. Im hot.
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I have a question? Why did you wait until the house was built? I would have called the sherriff when he dug the pond on my property. How come you didnt get an attorney involved back then? Just curious.
I agree with the others its attorney time now. ASAP. If you wait too long he might get to keep it.
1 year ago I bought 5 acres in a deeded estate neighborhood and built a house. I had the property surveyed. A few months after I started construction the neighboring 5 acre lot was purchased. They neighbor proceeded to dig a lake, clear wooded area for a dirt-bike track, and build his house. At the time, we disputed that the land he was clearing and digging for pond, track, and homesite was actually my land. Then he built his house. Now, I've pulled records, plats, deeds, etc. and discovered that he may have built half of his actual house over the line in addition to the excavation. Today, we had a re-survey done and discovered that he has in fact built nearly two thirds of his house over the line and excavated nearly 1.5 acres in total. He claims he was working from what he thought was the boundries based upon the original survey done by the original land owners. He was actually working from a pin corresponding to another adjacent property. He never actually surveyed the property from the beginning. Now we want compensation for the land he's ruined, and the portion of land we stand to lose due to the house placement. He was an a** from the beginning. Any advice on first steps or pitfalls to legal action on this? Thanks very much for any thoughts.
1 year ago I bought 5 acres in a deeded estate neighborhood and built a house. I had the property surveyed. A few months after I started construction the neighboring 5 acre lot was purchased. They neighbor proceeded to dig a lake, clear wooded area for a dirt-bike track, and build his house. At the time, we disputed that the land he was clearing and digging for pond, track, and homesite was actually my land. Then he built his house. Now, I've pulled records, plats, deeds, etc. and discovered that he may have built half of his actual house over the line in addition to the excavation. Today, we had a re-survey done and discovered that he has in fact built nearly two thirds of his house over the line and excavated nearly 1.5 acres in total. He claims he was working from what he thought was the boundries based upon the original survey done by the original land owners. He was actually working from a pin corresponding to another adjacent property. He never actually surveyed the property from the beginning. Now we want compensation for the land he's ruined, and the portion of land we stand to lose due to the house placement. He was an a** from the beginning. Any advice on first steps or pitfalls to legal action on this? Thanks very much for any thoughts.
Been there - unfortunately. We lived in Ga on a parcel that was over 130 acres. Our dear neighbor cleared close to 20 acres of land that according to our survey was well over the line and on our property. This was in a very rural area with no building departments. Unfortunately, it will come down to the survey work. If the original was done say...in the 1800's it will list landmarks (a notation of a "chopped tree" comes to mind for us)as well as pins. If there is more than one survey of the area make sure that the property lines on ALL the surveys are consistant. A good lawyer is important but the most important thing will be the survey work! We got burned in our suit because of an obscure survey done in 1894 that was not supported anywhere else in the property's history. The outcome was that the jury split the difference. 10 acres to the neighbor and 10 acres to us. Good luck!
Been there - unfortunately. We lived in Ga on a parcel that was over 130 acres. Our dear neighbor cleared close to 20 acres of land that according to our survey was well over the line and on our property. This was in a very rural area with no building departments. Unfortunately, it will come down to the survey work. If the original was done say...in the 1800's it will list landmarks (a notation of a "chopped tree" comes to mind for us)as well as pins. If there is more than one survey of the area make sure that the property lines on ALL the surveys are consistant. A good lawyer is important but the most important thing will be the survey work! We got burned in our suit because of an obscure survey done in 1894 that was not supported anywhere else in the property's history. The outcome was that the jury split the difference. 10 acres to the neighbor and 10 acres to us. Good luck!
even rural areas have building departments. If not in a city, then the county has jurisdiction.
Location: When things get hot they expand. Im not fat. Im hot.
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Quote:
Originally Posted by lovesMountains
Sue his title insurance company.
If youre going to sue anybody else I would think it would be the builder. The title insurance company guarantees clear title. Its not their fault if he goes outside the survey lines.
If I were a builder I would make darn sure what I built was on my customers property. And I had all the necessary setbacks etc. There are a lot of places where you have to be so far off the property line or they will fine you and /or make you take it down.
If youre going to sue anybody else I would think it would be the builder. The title insurance company guarantees clear title. Its not their fault if he goes outside the survey lines.
If I were a builder I would make darn sure what I built was on my customers property. And I had all the necessary setbacks etc. There are a lot of places where you have to be so far off the property line or they will fine you and /or make you take it down.
Which is why I said go to the title company. Sounds like this guy is going to claim he had title to that land and the right to build on it. If the title company can prove they gave him documentation of a legal description of the land then it's back on the guy who built and he can be sued and made to tear down the home.
You better believe I'd be suing SOMEONE to get my land back if I were the OP!
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Good luck!
