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Old 03-07-2008, 10:08 AM
 
44 posts, read 305,414 times
Reputation: 24

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Quote:
Originally Posted by jessiesma View Post
I can't believe the grief you're getting from this forum You have a legitimate concern because of the legalities involved with encroachments. That the leftist neighbors are making nice still leaves the legal issues and if they sell will you be as "lucky" with the next owners? It was a hard lesson to learn and can make your property hard to sell. In the future, I would always pay for a survey when buying. It's probably not a whole lot of money. For now get an attorney and exert your right to all the land within the survey. It must be illegal to remove a marker and I doubt it just walked away on its own. But just a suggestion and f it's redundant, I apologize, why not make friends whet the HOA and get them after the encroacher. After all if he ruined the grass, it becomes an unsightly mess and that's what HOA's are there to prevent among other things. You can also contact www.ABCactionnews.com. Walt Maciborski[sp] is doing a feature now on bad neighbors. Maybe being on the tube will get these guys to shape up.
I guess because I get along fairly well with the guy (on the zero lot line) and his Wife, that I don't want to upset them as they once mentioned taking down the fence that "hides" their pool pump, filter and piles of filter sand. That would be a disaster and U-G-L-Y ! !
What really worries me is that on our SURVEY MAP it states (and shows) that the neighbor's "fence" (around their pool equip.) is 2 1/2 feet ON OUR PROPERTY. These neighbors have been original owners for over 20 years and I think that equipment and fence have been up since the first day they moved in. We bought this house from original owners that lived here 18 years (this house is two years newer) and actually (from what they told us) MADE them put up the fence around the pool equip. to "hide" it as well as keep down noise. What I am concerned about is that there is some sort of "statute of limitations" or something like that, which states that if someone's "fence" is on your property for seven years (?) it automatically becomes THEIR PROPERTY ??
Am I right about this ?? I really DON'T have money to hire or visit a Lawyer !!
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Old 03-07-2008, 10:36 AM
 
222 posts, read 462,633 times
Reputation: 49
Quote:
Originally Posted by wrrr View Post
I guess because I get along fairly well with the guy (on the zero lot line) and his Wife, that I don't want to upset them as they once mentioned taking down the fence that "hides" their pool pump, filter and piles of filter sand. That would be a disaster and U-G-L-Y ! !
What really worries me is that on our SURVEY MAP it states (and shows) that the neighbor's "fence" (around their pool equip.) is 2 1/2 feet ON OUR PROPERTY. These neighbors have been original owners for over 20 years and I think that equipment and fence have been up since the first day they moved in. We bought this house from original owners that lived here 18 years (this house is two years newer) and actually (from what they told us) MADE them put up the fence around the pool equip. to "hide" it as well as keep down noise. What I am concerned about is that there is some sort of "statute of limitations" or something like that, which states that if someone's "fence" is on your property for seven years (?) it automatically becomes THEIR PROPERTY ??
Am I right about this ?? I really DON'T have money to hire or visit a Lawyer !!
I think you are talking about squatters rites? if so the time is 20 years and then you have to go to Court to claim it. how about some rebar driven into the property line about two feet deep left sticking out of the ground 2.1/4 in you'll miss it he wont.
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Old 03-07-2008, 10:42 AM
 
849 posts, read 3,266,609 times
Reputation: 199
Exclamation nost attorneys

will give a free 30 min consultation. Check the
local bar association for a referral. Get the skinny on where you are right now and go from there. if you have already lost that bit of land, you might need to disclose that on a subsequent sale and also there might be a remedy without upsetting your good relationship. 30 min is a good amount of time but write down the specific points you want to discuss and stick to them. Keep it simple. Definitely ask about what the previous owners did. They may be liable if you can prove that they forced the encroachment. You MUST get an attorney's opinion.

Sorry about the title typo :-{

Quote:
Originally Posted by wrrr View Post
I guess because I get along fairly well with the guy (on the zero lot line) and his Wife, that I don't want to upset them as they once mentioned taking down the fence that "hides" their pool pump, filter and piles of filter sand. That would be a disaster and U-G-L-Y ! !
What really worries me is that on our SURVEY MAP it states (and shows) that the neighbor's "fence" (around their pool equip.) is 2 1/2 feet ON OUR PROPERTY. These neighbors have been original owners for over 20 years and I think that equipment and fence have been up since the first day they moved in. We bought this house from original owners that lived here 18 years (this house is two years newer) and actually (from what they told us) MADE them put up the fence around the pool equip. to "hide" it as well as keep down noise. What I am concerned about is that there is some sort of "statute of limitations" or something like that, which states that if someone's "fence" is on your property for seven years (?) it automatically becomes THEIR PROPERTY ??
Am I right about this ?? I really DON'T have money to hire or visit a Lawyer !!

Last edited by jessiesma; 03-07-2008 at 10:43 AM.. Reason: misspelling in title
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Old 03-07-2008, 10:44 AM
 
Location: Tampa, FL
27,798 posts, read 27,684,108 times
Reputation: 14611
Quote:
Originally Posted by jessiesma View Post
You can also contact www.ABCactionnews.com. Walt Maciborski[sp] is doing a feature now on bad neighbors. Maybe being on the tube will get these guys to shape up.
I'm sure that'll make the neighbors extremely happy to see themselves on the tube -
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Old 03-07-2008, 11:19 AM
 
44 posts, read 305,414 times
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Quote:
Originally Posted by BucFan View Post
I'm sure that'll make the neighbors extremely happy to see themselves on the tube -
For a matter as "trivial" as this I would NOT call in the News media. WHY should I ?? But I am just assuming that "jessiesma" was trying to give me options in case it got severe or complicated !! Her advice (reply) telling me about 30 minutes of "free consultation" with an Attorney is very helpful, although at this point I will just consider it and not do anything "drastic" !!
Like I said plenty of times, I am friendly with those "zero lot line" neighbors and DON'T want to annoy them to the point of them taking down the fence and exposing the "mess" !! My Wife says let it be.... "don't wake the sleeping dog" !! I just mentioned it in this thread because (as I said a dozen times) I have NEVER been "exposed" to a ZERO LOT LINE in my 55 years of living until just two years ago !! It's a shock that a "residence", a HOUSE can be built right on the property line.......... I NEVER thought it was "legal" nor sensible. This means that when the guy wants to paint his house his ladder will be on my property and if he falls off and gets injured then "I" will get sued ?? It's things like that, which concern me about a "zero lot line" as well as the fact his Lanai door opens right up into MY BACK YARD !! We have a lanai and it has ONE door, his has TWO, one on the other side and one into our back yard !! Does NOT make sense, except I guess he needed it to walk into my back yard to get to the side of his house to service the pool equipment ??
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Old 03-07-2008, 11:24 AM
 
849 posts, read 3,266,609 times
Reputation: 199
Cool that's the point but

I don't think I'd do it either, it's just an option for someone who would


Quote:
Originally Posted by BucFan View Post
I'm sure that'll make the neighbors extremely happy to see themselves on the tube -
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Old 03-07-2008, 11:40 AM
 
849 posts, read 3,266,609 times
Reputation: 199
Talking That's exactly what I mean

yes that sounds like a wifely response and it's a good one for keeping peace except when you can be held liable legally on several points. If your hypothetical painter does fall off a ladder on your property, he won't give a darn how good your relationship with the neighbors is (what if it's a contractor?) or how much you want to keep the peace. Business and legal issues are a sure way to lose friends and families. They don't mix. That being said, I'd be most concerned with a sale on either side. The door thing is certainly peculiar. What if your buyer does get a survey and finds this? How do you think they'll react? If they're that savvy, they won't accept "the neighbor is a nice guy and it won't be a problem." I wouldn't buy until the issue was resolved. Sorry.
The best thing you can do is check with your homeowners insurance agent and see if you have liability and then if it will cover this situation. Sometimes even without an encroachment, contractors for the neighbors have to enter "your" property. There should be some provision for that but only they or an attorney can tell you if the encroachment changes that.


Quote:
Originally Posted by wrrr View Post
For a matter as "trivial" as this I would NOT call in the News media. WHY should I ?? But I am just assuming that "jessiesma" was trying to give me options in case it got severe or complicated !! Her advice (reply) telling me about 30 minutes of "free consultation" with an Attorney is very helpful, although at this point I will just consider it and not do anything "drastic" !!
Like I said plenty of times, I am friendly with those "zero lot line" neighbors and DON'T want to annoy them to the point of them taking down the fence and exposing the "mess" !! My Wife says let it be.... "don't wake the sleeping dog" !! I just mentioned it in this thread because (as I said a dozen times) I have NEVER been "exposed" to a ZERO LOT LINE in my 55 years of living until just two years ago !! It's a shock that a "residence", a HOUSE can be built right on the property line.......... I NEVER thought it was "legal" nor sensible. This means that when the guy wants to paint his house his ladder will be on my property and if he falls off and gets injured then "I" will get sued ?? It's things like that, which concern me about a "zero lot line" as well as the fact his Lanai door opens right up into MY BACK YARD !! We have a lanai and it has ONE door, his has TWO, one on the other side and one into our back yard !! Does NOT make sense, except I guess he needed it to walk into my back yard to get to the side of his house to service the pool equipment ??
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Old 03-07-2008, 02:08 PM
 
13,773 posts, read 34,885,446 times
Reputation: 10600
Why not call the property appraiser? They should be able to give you some info regarding the zero property line. You might want to go down there, now that I think about it.

You can also try asking on the real estate forum.
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Old 03-07-2008, 02:24 PM
 
44 posts, read 305,414 times
Reputation: 24
Quote:
Originally Posted by Keeper View Post
Why not call the property appraiser? They should be able to give you some info regarding the zero property line. You might want to go down there, now that I think about it.

You can also try asking on the real estate forum.
Good advice.......... THANKS !!
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Old 03-07-2008, 02:39 PM
 
4,948 posts, read 17,027,978 times
Reputation: 2870
why not have the hoa do a lawn cutting, and add it into the fees, zero lot lines,
it should not be too much, then , everyone lives in harmony! mostly 0 lot lines,
is just that a big fat 0! I wonder what Mr. Rogers would save! Some people really enjoy close, some hate it?
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