Property Encroachment
- Thread starter Otter
- Start date
Dupontster
Would THIS face lie?
cattitude said: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.
Congratulations on your new tree...It's a nice one.....
Be neighborly, build your fence well within your property line and include a gate giving access to the portion of your property beyond the fence. This in itself shows your desire to maintain access to your property.
I have a similar situation where a 20' x 20' section of my property is within the fence line of my neighbor’s yard (screwy lot layout) and when I had it surveyed three years ago the surveyor said that by leaving the gate back at that section of property giving me access to it makes it clear that I have no intention of abandoning it.
I have a similar situation where a 20' x 20' section of my property is within the fence line of my neighbor’s yard (screwy lot layout) and when I had it surveyed three years ago the surveyor said that by leaving the gate back at that section of property giving me access to it makes it clear that I have no intention of abandoning it.
Good luck. I would talk with the neighbors, explain the situation. Then I would explain that you will be contacting a lawyer, not to sue them, but to protect both property owners and make it easier for either party to sell the home or for their heirs to inherit it later.
When we put our fence up we staked out the fence line and asked our neighbors if there were any problems. One neighbor said he thought we were on this property, but I showed him the iron stake that marked our corner (it had been there forever) and he backed down.
For my own reference, what does a real survey cost these days?
When we put our fence up we staked out the fence line and asked our neighbors if there were any problems. One neighbor said he thought we were on this property, but I showed him the iron stake that marked our corner (it had been there forever) and he backed down.
For my own reference, what does a real survey cost these days?
happyappygirl
Rocky Mountain High!!
The cost of the survey is determined by the lot size. I'm nervous about getting ours done it will prolly cost a fortune...but it's a necessary evil. The son went to attack a downed hard wood tree with a chainsaw, for firewood next year. This tree (and many of the ones the neighbor had stapled HIS no trespassing signs too) belonged to our lot, according to the previous owners (who had actually developed and divided the entire 200 acres of the estate for the owner prior to it's individual lot sales) and the neighbor promptly told my son it was HIS tree and he had plans for it. 
SO we will HAVE to pay for a survey soon, i fear. I'll not argue over it until i have the survey and I know for sure which trees are ours, not that there is a shortage of trees, we live in the deep woods but there is one really huge, cool curvy old tree i HOPE is ours. 
SO we will HAVE to pay for a survey soon, i fear. I'll not argue over it until i have the survey and I know for sure which trees are ours, not that there is a shortage of trees, we live in the deep woods but there is one really huge, cool curvy old tree i HOPE is ours. 
D
dems4me
Guest
cattitude said:
After further thoughts on this... I'd just build the fence around everything but stay within your boundaries... if the 60 year olds just moved there -- they may already assume its your property and not say anything at all. If they do then show them the property lines. :shrug:
It's your property. Put the fence up.
FromTexas
This Space for Rent
The elderly couple could have a good legal beef with the seller who put in the wall. He should have signed papers making representations to the legal state of the property. If he didnt, then the survey company (even if they just copied court house papers) is liable if they signed to the property being okay. Someone signed something over (especially if a loan was involved) making representations as to the state of the property being what was represented to them. (Did I say represented enough?)
But, since the new owners are exactly that, and they did believe one thing. I would see about working with them with your lawyer. Maybe he can get a two for one. Resolve your issue and their issue at the same time so all are happy. Previous owner pays for their loss of represented property or something and you get them to sign off on the retaining wall.
Previous owner may even get to pay all legal fees. Now, i'm not sure how it works here.. but if he built on his land, did he need a permit? When you get your permit, if he got one, do you show what you are building and where? If so, he may have increased his liability there if he didnt have a company do it. Also, if a permit was required and he didnt get one... he may increase his liability.
I say both parties get together with a lawyer and screw the previous owner.
But, since the new owners are exactly that, and they did believe one thing. I would see about working with them with your lawyer. Maybe he can get a two for one. Resolve your issue and their issue at the same time so all are happy. Previous owner pays for their loss of represented property or something and you get them to sign off on the retaining wall.
Previous owner may even get to pay all legal fees. Now, i'm not sure how it works here.. but if he built on his land, did he need a permit? When you get your permit, if he got one, do you show what you are building and where? If so, he may have increased his liability there if he didnt have a company do it. Also, if a permit was required and he didnt get one... he may increase his liability.
I say both parties get together with a lawyer and screw the previous owner.
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