Property Encroachment

[Otter]

Anyone had any experiences with a neighbors structure(retaining wall, in this case) being on their property??

Here's the poop....I had my property surveyed this morning so we can fence it in so we don't have to leash the dogs when they need to go out. It turns out that our neighbor has a retaining wall that extends approximately 3 feet into our property. Before anyone says talk to a lawyer, I plan to. I realize I could have the wall removed or run the fence to avoid the wall. Avoiding the wall and not running the fence on the line probably sets up trouble somewhere in the future. Anyone have any experience with this type of problem and have any creative solutions to avoid expense and neighborly hostilities?

 

[Elle]

How long has the wall been there? Did the neighbors have a sruvey done before installing it?

 

[Steve]

Since we have structures (a wooden fence and a deck) that partially encroach on our neighbors' properties, I have no comment.

 

[Christy]

Since we have structures (a wooden fence and a deck) that partially encroach on our neighbors' properties, I have no comment.

Do they? I thought only that bit of rotted out fence POSSIBLY encroached on our neighbor's property. :shrug:

 

[happyappygirl]

three little words..

T
N
T


sowwy...had to say it. In common law, after a certain number of years (20?) of encroachment with no complaint, the property becomes the other party's I think.

http://www.courts.state.md.us/ble/feb00repanswers.pdf hope this helps.

I personally would give them a copy of the survey, and tell them what the deal is, while walking over to the encroachment. Then ask them how you two can resolve this. You have several options...you could SELL them the parcel their stuff is on, charge them rent for it, or ask them to remove the structure, in accordance with the survey. This way they and you are a part of a joint solution.

 

[Otter]

How long has the wall been there? Did the neighbors have a sruvey done before installing it?

Previous neighbors installed it 4 or 5 yrs ago. The previous neighbors sold the house 2 yrs ago to an elderly couple. And no, I doubt seriously that a survey was done before they put in the retaining wall.

 

[Pete]

Anyone had any experiences with a neighbors structure(retaining wall, in this case) being on their property??

Here's the poop....I had my property surveyed this morning so we can fence it in so we don't have to leash the dogs when they need to go out. It turns out that our neighbor has a retaining wall that extends approximately 3 feet into our property. Before anyone says talk to a lawyer, I plan to. I realize I could have the wall removed or run the fence to avoid the wall. Avoiding the wall and not running the fence on the line probably sets up trouble somewhere in the future. Anyone have any experience with this type of problem and have any creative solutions to avoid expense and neighborly hostilities?

Prescription or Adverse possession is the only threat that I would see could be a problem. Most states have laws that if you “use” a piece of property for X number of years, in plain view, without objection or acknowledgement of the owner, they can petition the court for a deed to that portion of the property property.

Being it is a retaining wall it should be considered an “improvement” and not a usable structure, and not in actual use, I would assume that the “improvement” is in fact yours, in this case 3 feet of the wall. That is yours to do with as you see fit, tear it down, put a fence over it, whatever. At the least you should notify your neighbor that the wall is on your side of the line, and although you do not object to the structure (if you don’t) you are asserting you rights to use and ownership. Once you do that, you stop the adverse possession counter and they cannot claim that portion of your property because you have aknowledged your rights and allowed use. In some states the time for Prescription or Adverse possession does not have to be all during the tenure of one owner, but can be cumulative through several owners.

As happy said above, you could charge them rent of $1 a year. That would allow you to retain ownership and not allow them or subsequent owners to make a claim.

 

[cattitude]

How long has the wall been there? Did the neighbors have a sruvey done before installing it?

Three, maybe 4 years. The fellow that built the wall sold the place two years ago. He was a twit and was constantly doing stuff that was over our line...cleaning out, cutting down trees. I was always b!itching at Otter. Otter explained to him several times how the line ran but he never seemed to pay attention. He even asked the neighbor on the other side of us (they were friends) if he thought we'd sell him the land since he cleared it. I told that neighbor "uh...no." He never had a survey done to our knowledge.

The people there now are a retired couple, 60-something and this is their first home. They are nice but are a bit odd about some things being older and first-time homeowners. I just see this a huge PITA in the making.

 

[Elle]

Is your land on the higher or lower end of this wall?

 

[itsbob]

Previous neighbors installed it 4 or 5 yrs ago. The previous neighbors sold the house 2 yrs ago to an elderly couple. And no, I doubt seriously that a survey was done before they put in the retaining wall.

Isn't a requirement in MD that if a house is sold that a survey has to be done? Your neighbors might be protected also.. NOT from the encroachment, but if they find out their survey was wrong.. wouldn't the survey company be liable?

 

[huntr1]

Politely explain the situation, show them the survey, explain why you had the survey done, and then build the fence 3' on the other side of the retaining wall.

 

[Pete]

Isn't a requirement in MD that if a house is sold that a survey has to be done? Your neighbors might be protected also.. NOT from the encroachment, but if they find out their survey was wrong.. wouldn't the survey company be liable?

Hell no, you pay $300-500 for them to copy a page out of the book at the court house. They don't even come out and find the corners. A huge rip off.

 

[Otter]

Isn't a requirement in MD that if a house is sold that a survey has to be done? Your neighbors might be protected also.. NOT from the encroachment, but if they find out their survey was wrong.. wouldn't the survey company be liable?

Different type of survey, very cursory, really just a copy of the plat that is on file in the court house and shows the location of the house on the property.

 

[cattitude]

Politely explain the situation, show them the survey, explain why you had the survey done, and then build the fence 3' on the other side of the retaining wall.

Don't have to show them much, there's a huge 2 foot stake with pretty yellow and blue streamers stuck directly in their lovely garden of the upper tier of the retaining wall.

I want it settled LEGALLY and in writing.

 

[Mikeinsmd]

Isn't a requirement in MD that if a house is sold that a survey has to be done? Your neighbors might be protected also.. NOT from the encroachment, but if they find out their survey was wrong.. wouldn't the survey company be liable?

Bewwy good point batman!!!

 

[happyappygirl]

Isn't a requirement in MD that if a house is sold that a survey has to be done? Your neighbors might be protected also.. NOT from the encroachment, but if they find out their survey was wrong.. wouldn't the survey company be liable?

Nope if one has been done "recently" it doesn't have to be redone when transferred. We have a bit of an issue too, where one neighbor has posted "no trespassing" signs on what we THINK may be our property, but he did it when the previous occupants were there. We are going to have another survey done because we will eventually build a high tensile fence around most of ours anyway, but since it's so far out of sight (we have 25+/- acres) we aren't concerned about the signs at the moment.

 

[Otter]

Is your land on the higher or lower end of this wall?

Just nips the corner of the wall. The property line is angled, my 2 lots together are pie-shaped with the narrowest(200ft) line on the road and the widest (400 ft) in the back.

 

[Steve]

Do they? I thought only that bit of rotted out fence POSSIBLY encroached on our neighbor's property. :shrug:

The partially rotted out fence is taking care of itself. But a little corner of the side deck encroaches, however that is offset by their chain link fence that equally encroaches, so it's a standoff.

 

[cattitude]

Okay, so you can use the tree as a reference point. The first picture is looking from the road, the front of the property. The retaining wall is wood on the first tier and the second tier is that interlocking brick (on the sides) generally used the walls. It's probably 3 - 3.5 feet into the area that the retaining wall encompasses. The total height is probably 5 feet or more for the two tiers. Looks like we gained a tree too.

 

[dems4me]

Okay, so you can use the tree as a reference point. The first picture is looking from the road, the front of the property. The retaining wall is wood on the first tier and the second tier is that interlocking brick (on the sides) generally used the walls. It's probably 3 - 3.5 feet into the area that the retaining wall encompasses. The total height is probably 5 feet or more for the two tiers. Looks like we gained a tree too.

I don't think y'all will have any problems... just get everything in writting... and if you are feeling super paranoid... bring a cam corder and record everything too... Good luck!!