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Posted: 5/20/2009 7:41:22 AM EST
[Last Edit: 6/15/2009 9:33:52 AM EST by Argetni]
I bought my house Nov. 2007. We the land survey was done it turns out that an area of 3' x 50' behind my neighbors fence is actually mine and the surveyor set a stake in their driveway and by their garbage shed (I guess my driveway and shed).

Fast forward to August 2008, they had their driveway repaved and paved right over my stake. I did not say anything as I do not like to start trouble over minor issues.

Now as of January 2009, they have decided to sell their house, privately with no realtor.

Last week while I was at work my wife called the town zoning board and she and the guy from the town went over there to discuss this with the neighbor. He was kind of a dick about it and said the old owners of my home did not mind and that his wife owns their house and it is not his problem. We have not seen him since, or his wife.

The guy from the town wants to issue them a summons for paving over our stake and widening their driveway with no permit. He also wants to take the property issue to civil court and he says the judge will fine them and order them to remove the fence, rip up the asphalt that is on my property and put soil in its place. He will not do anything unless I write a letter asking him too.

I never had an issue with this neighbor and he actually helped me till my garden last summer, but it is really just a friendly wave and occasional small talk type of relationship overall, and we have had no contact at all since my wife was over there.

So what to do.

Take them to court?
Let them keep the land I pay taxes on and deal with the new owners once the house is sold?
Write a friendly letter asking them to pay to restake the property (400-700) and to move the fence off my land before the house is sold?

Link Posted: 5/20/2009 7:42:35 AM EST
[Last Edit: 5/20/2009 7:45:44 AM EST by costanza]
We need MS Paint.

and in on one.

ETA: Something useful...it looks like the town wants to take the couple to court. I'd say let the town foot the court fees and lawyers bills and force the couple to remove everything off of your property, and re-sod it.
Link Posted: 5/20/2009 7:43:33 AM EST
Court or offer them a buyout. Find out what the going rate is for land in your area and make him a deal if he doesn't like it. Time for judge Judy which will cost him a lot more and he will still lose.
Link Posted: 5/20/2009 7:44:05 AM EST
tag
Link Posted: 5/20/2009 7:44:48 AM EST
Take care of it now to avoid headaches in the future. Write the letter.
Link Posted: 5/20/2009 7:44:58 AM EST
This is something he could undoubtedly easily resolved with you by being nice, he chose to be a dick instead.

I had a similar situation with the business located next to mine. He was very apologetic and nice. I ended up just deeding the small amount of property over to him because of it and he gives me free lunch every now and then as well.

So screw this guy for being a dick.
Link Posted: 5/20/2009 7:45:22 AM EST
Sell it to them. Shouldnt be that much.
Link Posted: 5/20/2009 7:45:44 AM EST
You tried talking to him and he blew you off. I say take him to court. It's not like you'll have to deal with him anymore when the house sells.
Link Posted: 5/20/2009 7:46:25 AM EST
I say, ask politely first and if they refuse or say nothing then unleash the hounds.
Link Posted: 5/20/2009 7:47:20 AM EST
[Last Edit: 5/20/2009 7:49:48 AM EST by Pegdraggin]
Talking to them candidly and politely would be my first step, asserting your requirement.

If that doesn't work, approach his prospective buyers and let them know that they'll have to deal with this if the property owner doesn't.

From what little I know of such things (and I stress how little I know), I believe the buyers have the right to void the sale if something like this isn't disclosed by the seller.

And if If that doesn't work, start using that section of property for your pet waste disposal.
Link Posted: 5/20/2009 7:47:58 AM EST

Stand on the property that is yours naked, jumping up and down waving your fleshlight while screaming "LOOK AT ME, I"M A FREAK".
That should get their attention.
Link Posted: 5/20/2009 7:48:36 AM EST
Write the letter. It's your property.
Link Posted: 5/20/2009 7:48:45 AM EST
You tried to be nice and gave them the benefit of the doubt. They decided to show you their ass.

Give them no quarter.
Link Posted: 5/20/2009 7:49:49 AM EST
Your neighbors are going to have a problem when they sell. A buyer will probably require a survey, (if they are getting a mortgage) and the survey will find the encroachment onto your property.

That will have to be perfected before a title company will insure the title to their property.

Without title insurance, they won't be able to sell.



Link Posted: 5/20/2009 7:51:17 AM EST
[Last Edit: 5/20/2009 7:55:24 AM EST by America-first]
You need to take action before the land is deemed to be legally abandoned and no longer yours.

Do it immediately while it's their problem not yours.

Failure to act now will cause you a lot of grief in the future.
Link Posted: 5/20/2009 7:51:20 AM EST
[Last Edit: 5/20/2009 7:52:24 AM EST by RunsWithScissors]
He's trying to sell your property along with his house.

Fuck that. bomb him with legal red tape, and hinder the sale.

If that doesn't work, break out your fleshlight and fap away the pain.




Link Posted: 5/20/2009 7:55:14 AM EST
[Last Edit: 5/20/2009 7:56:14 AM EST by dolanp]
Originally Posted By FieroLoki:
Sell it to them. Shouldnt be that much.


That's what I'd do if you don't care about the piece of land. It will be cheaper for him to buy it out than rip up all his stuff. Then you are not paying taxes on unusable land that your neighbor took from you.

Otherwise I'm sure you'd have no problem getting an injunction preventing him from selling the house until the matter is resolved.
Link Posted: 5/20/2009 7:56:02 AM EST
Originally Posted By VacaDuck:
Take care of it now to avoid headaches in the future. Write the letter.


If you ever want to sell your property this will become a issue. TAKE CARE OF IT NOW!!!!!


I had the same exact problem. Neighbor build his fence and 1' of his driveway on my side of the line. Due to city and county ordinances the plat cannot be redimensioned and he had to remove the fence and driveway.

Link Posted: 5/20/2009 7:56:41 AM EST
3 X 50 its not worth it
Link Posted: 5/20/2009 7:57:55 AM EST
Originally Posted By dolanp:
Originally Posted By FieroLoki:
Sell it to them. Shouldnt be that much.


That's what I'd do if you don't care about the piece of land. It will be cheaper for him to buy it out than rip up all his stuff. Then you are not paying taxes on unusable land that your neighbor took from you.

Otherwise I'm sure you'd have no problem getting an injunction preventing him from selling the house until the matter is resolved.


Sometimes city and or county ordinances do not allow you to sell part of your plat. I had this happen.

Link Posted: 5/20/2009 7:58:02 AM EST
Take care of it now before the new owner buys the property. It would suck for the new owner to buy something and then realize the former owner stole the land at sold it to him.

Either sell the land to the neighbor now or take him to court now...resolve the issue before someone else moves in.
Link Posted: 5/20/2009 7:58:42 AM EST
Originally Posted By captwn1:
Your neighbors are going to have a problem when they sell. A buyer will probably require a survey, (if they are getting a mortgage) and the survey will find the encroachment onto your property.

That will have to be perfected before a title company will insure the title to their property.

Without title insurance, they won't be able to sell.


THis........
The mortgage co. will require a survey. They won't loan someone the money if the survey is fucked up.

a-bare

Link Posted: 5/20/2009 8:00:41 AM EST
Originally Posted By ShingleMonkey:
3 X 50 its not worth it


When the whole property is 50x150 it kinda is, I mean it is only 2% or so but still. My property taxes are $6990 so I pay $140 a year for that land.
Link Posted: 5/20/2009 8:01:09 AM EST
Take care of it now.
Link Posted: 5/20/2009 8:03:29 AM EST
[Last Edit: 5/20/2009 8:11:04 AM EST by America-first]
Originally Posted By ddrongowski:
Originally Posted By dolanp:
Originally Posted By FieroLoki:
Sell it to them. Shouldnt be that much.


That's what I'd do if you don't care about the piece of land. It will be cheaper for him to buy it out than rip up all his stuff. Then you are not paying taxes on unusable land that your neighbor took from you.

Otherwise I'm sure you'd have no problem getting an injunction preventing him from selling the house until the matter is resolved.


Sometimes city and or county ordinances do not allow you to sell part of your plat. I had this happen.



Yup; before even considering selling the land you need to ensure that your own property won't be in violation or otherwise encumbered.

The best way to proceed would be to write the letter immediately; being in violation of zoning regulations or having your own property encumbered should you ever need to sell is no laughing matter.

The situation is more complicated than it appears; do what the guy from the town zoning board advised you to do.

This has nothing to do with being "nice".

ETA: You need to find out the legal ramifications to you if the property is sold to a new owner while you knew about the paving over of your stake and did nothing about it.

It might be considered abandoned by you.

Don't wait to deal with the new owner (if the property can even be sold with a bad survey); clear this up with whoever owns the property now while you are in the drivers seat.
Link Posted: 5/20/2009 8:04:43 AM EST
I'd rent them the land for a monthly fee.
Link Posted: 5/20/2009 8:05:36 AM EST
I'd say to the guy from the city "what can I do to help?" and tell him what your preference is a) get the stuff removed and your land back b) get paid for it.

Then see about filing a lien on the property at the register of deeds (or whatever holds the deed) so the title search by the new mortgage company finds it.

That will stop the sale cold in it's tracks and get you in on whatever happens.

I'd say, maybe worth while dealing with the new buyer instead of the dick leaving. If it's "his wife's house" he may be getting divorced or something and not really care about additional legal BS.
Link Posted: 5/20/2009 8:06:54 AM EST
[Last Edit: 5/20/2009 8:08:39 AM EST by Shooter42]
I'd wait for some prospective buyers to come around and when they're in the house I'd run out and set me up a little lawn chair, a radio, little table with some drinks on it and just chill over on the part of the driveway you own wearing nothing but speedos, a belt and a holster with a sidearm.... When they come out, introduce yourself and just let them know you enjoy sun tanning on your little patio your neighbor built for you...
Link Posted: 5/20/2009 8:06:57 AM EST
Originally Posted By Argetni:
Originally Posted By ShingleMonkey:
3 X 50 its not worth it


When the whole property is 50x150 it kinda is, I mean it is only 2% or so but still. My property taxes are $6990 so I pay $140 a year for that land.




If your defending your situation to me, then theres your answer.
Link Posted: 5/20/2009 8:11:24 AM EST
Link Posted: 5/20/2009 8:13:01 AM EST
Start taking YOUR fence down. When he comes out and bitches, offer to sell the material back to him.
Link Posted: 5/20/2009 8:14:13 AM EST
How long had he used it as his driveway before you bought your property?
Link Posted: 5/20/2009 8:15:38 AM EST
You need to handle this now. Even if you don't want to be a bad guy to your neighbor, this will affect you if you ever try and sell your home in the future. Don't let people walk over you.
Link Posted: 5/20/2009 8:16:21 AM EST

Originally Posted By CanteTinza:
................ It's not like you'll have to deal with him anymore when the house sells.


Link Posted: 5/20/2009 8:16:36 AM EST
Originally Posted By serrada:
How long had he used it as his driveway before you bought your property?


20 years he claimed and nobody minded then. Shit I did not mind much either but now that he is selling the house I do care.
Link Posted: 5/20/2009 8:17:09 AM EST
Sell them the property and have them rezone the plots.


It will cost him and you'll make a few bucks.

Link Posted: 5/20/2009 8:18:43 AM EST
[Last Edit: 5/20/2009 8:19:07 AM EST by costanza]
Originally Posted By Argetni:
Originally Posted By serrada:
How long had he used it as his driveway before you bought your property?


20 years he claimed and nobody minded then. Shit I did not mind much either but now that he is selling the house I do care.


You could be screwed, as he was on the property for 20 years before anybody complained.
Link Posted: 5/20/2009 8:21:27 AM EST
Deal with it now since the neighbor is moving. If you wait until somebody else moves in then you'll start of your relationship with them on a bad note.
Link Posted: 5/20/2009 8:23:38 AM EST
[Last Edit: 5/20/2009 8:27:55 AM EST by serrada]
Originally Posted By Argetni:
Originally Posted By serrada:
How long had he used it as his driveway before you bought your property?


20 years he claimed and nobody minded then. Shit I did not mind much either but now that he is selling the house I do care.


That might be a legal easement just based on time of use.

ETA: read up on prescriptive easements
Link Posted: 5/20/2009 8:23:42 AM EST
Originally Posted By Gloftoe:
Originally Posted By ShingleMonkey:
Originally Posted By Argetni:
Originally Posted By ShingleMonkey:
3 X 50 its not worth it


When the whole property is 50x150 it kinda is, I mean it is only 2% or so but still. My property taxes are $6990 so I pay $140 a year for that land.




If your defending your situation to me, then theres your answer.


I'll go ahead and defend it. He's paying taxes on that property every year, but his neighbor paved over it. Plus he tried to solve it in a neighborly way, and the neighbor was a horse's ass about it.

Argenti, write your letters and (if needed) take your dickheaded neighbor to court. People like him deserve nothing less.



You missed my point, Arg posted on here asking a question. I said to not do a thing, then he jumps in with why he should.

threads like this make laugh. Its like he needed his friends to get behind him for support when he knew all along what he should do.

Or hes just bored and wanted to start a thread.

Be a man, take care of your shit.

Link Posted: 5/20/2009 8:24:22 AM EST
Originally Posted By serrada:
Originally Posted By Argetni:
Originally Posted By serrada:
How long had he used it as his driveway before you bought your property?


20 years he claimed and nobody minded then. Shit I did not mind much either but now that he is selling the house I do care.


That might be a legal easement just based on time of use.


That's the phrase I was looking for. Thanks.
Link Posted: 5/20/2009 8:26:02 AM EST
Originally Posted By coldsteele35:
Court or offer them a buyout. Find out what the going rate is for land in your area and make him a deal if he doesn't like it. Time for judge Judy which will cost him a lot more and he will still lose.


+1 sell the land to him and have him pay for another survey after the purchase of the land it done.
Link Posted: 5/20/2009 8:27:53 AM EST
You let him pave over you stake and said nothing about it. You forfeited your land. You don't deserve what you don't fight for, IMO. Clearly it's your land legally, but you pussied out and didn't even bother to do anything about it at the MOST opportune (logical) time.
Link Posted: 5/20/2009 8:28:42 AM EST
If the town sees a case, take it now before they sell the house and you have two people (new owner who bought house and old owner who expanded driveway) in the fray against you.
Link Posted: 5/20/2009 8:30:51 AM EST
[Last Edit: 5/20/2009 8:31:07 AM EST by Mr_Harry]
Take care of it now, to avoid future problems for yourself
Link Posted: 5/20/2009 8:34:18 AM EST
The way I look at this type of shit is this. 1. Its your land that you pay taxes on every year, so fuck him! 2. If you were to have paved over his land and put a fence on his land he would have you in court so fast your head would spin, so fuck him! I would let the town take him to court and have him fix it.
Link Posted: 5/20/2009 8:39:21 AM EST
[Last Edit: 5/20/2009 8:39:42 AM EST by flyfishnepa]
Originally Posted By Argetni:
Originally Posted By ShingleMonkey:
3 X 50 its not worth it


When the whole property is 50x150 it kinda is, I mean it is only 2% or so but still. My property taxes are $6990 so I pay $140 a year for that land.



it sounds like you know what to do.




but IMO you should get the heck out NJ and move to PA, alot more land to be had and taxes are nowhere near as bad as NJ's.




Link Posted: 5/20/2009 8:42:54 AM EST
Read about Prescriptive easements and Adverse possession. That should help you decide what to do.

I had a similar problem a few years ago. A neighbor built a concrete parking pad (an appurtenance) into (rental) property that I owned. One I discovered it, I offered to grant him an easement for a fair price. He declined the offer. Fine. It was about 3 feet into my property. I knew he was planning on selling his property. About a year later, I got a frantic call from him asking for the easement as he was selling his property and couldn't insure the title. I made him remove the portion of the parking pad that encroached into my property. Cost him more in the long run.

BTW, he attempted to claim a Prescriptive Easement as the area that he covered had been used for parking for many years. He lost that argument.

Unless you want to fight with your neighbor, you don't need to do anything at this point, other than send him a letter by regustered mail that he is encroaching onto your property. I guarantee you that if he finds a buyer you will be hearing from him.

Link Posted: 5/20/2009 8:46:17 AM EST
Originally Posted By odfox:
If the town sees a case, take it now before they sell the house and you have two people (new owner who bought house and old owner who expanded driveway) in the fray against you.



YEP-THIS.
My situation was similar except that a hassle started with one neighbor (I was wrong) that led to my having a survey done (30 acres I've owned for 30 yrs) this last winter.
That all led to discovering SIX other neighbors (property owners adjacent) using 'chunks' of my land.
One guy even had a regulation putting green installed! Major pain in the ass to resolve the entire mess.
I'm no longer a live and let live kinda person regarding property lines.
Take care of it B4 it creates other unforeseen problems.




Link Posted: 5/20/2009 8:52:18 AM EST
[Last Edit: 5/20/2009 8:53:19 AM EST by CWO]
Paving and encroaching onto your land is a clear act of Adverse Possession. Since the current owner is on the way out - this really (in my mind) isn't about THEM per se. It is about establishing a clear property line for the next and subsequent owners. In some states - unresolved adverse possession over time can lead to to encroaching owner claiming and receiving ownership of the land in contention because the legal owner failed to assert their property rights and allowed the encroaching neighbor to perform "improvements" on the property in question. The fact that they did the latter is more legally important to me - and could be to a court.

Assert your legal rights and insist that your property be restored to its original condition.
Link Posted: 5/20/2009 9:00:14 AM EST
I think he is safe from adverse possession in NJ. IIRC you have to hold the land for an insane amount of time before you can claim AP, something like +40 years or something crazy like that.
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