uh oh ....our poor neighbors

[NOBama]

That's called an encroachment and if it's been there for a statutory period (15 years here), the owner of the encroaching structure (garage/fence) may assert a right to the effected land on the basis of adverse possession (called: title by prescription). If the owner of the garage/fence cannot claim adverse possission, you could strike up a deal to sell the propery effected by the encroachment (if you own it, otherwise the mortgage holder has to approve the deal) or bring action against said encroacher to have the fence removed on the grounds of trespass.

Check out your state's RE laws because they vary from state to state.

I always thought that with encroachment, the offending individual would have to move back 5 yards.

It the owner of the garage had to move it, then they would have to move it in accordance with current building codes in that state.

 

[xotoxi]

That's called an encroachment and if it's been there for a statutory period (15 years here), the owner of the encroaching structure (garage/fence) may assert a right to the effected land on the basis of adverse possession (called: title by prescription). If the owner of the garage/fence cannot claim adverse possission, you could strike up a deal to sell the propery effected by the encroachment (if you own it, otherwise the mortgage holder has to approve the deal) or bring action against said encroacher to have the fence removed on the grounds of trespass.

Check out your state's RE laws because they vary from state to state.

I always thought that with encroachment, the offending individual would have to move back 5 yards.

It the owner of the garage had to move it, then they would have to move it in accordance with current building codes in that state.

I think it is a National rule that encroachment results in a 5 yard penalty.

 

[xotoxi]

Hey Bones, if that's your house left of center, I think it's on fire.

I think the one on fires is the neighbor's garage, which happened to have a "wiring problem"

The only problem is that the neighbor's garage is attached to her house, so...you're right, her house is on fire.

 

[Phoenix]

Hey Bones, if that's your house left of center, I think it's on fire.

I think the one on fires is the neighbor's garage, which happened to have a "wiring problem"

The only problem is that the neighbor's garage is attached to her house, so...you're right, her house is on fire.

 

[Terry]

Past two days it's been in the 90's, and for the past two days our AC is out. Learned today it's shot, we have to buy a new air conditioner...cost...at least 5 grand. Just great!

 

[xotoxi]

Past two days it's been in the 90's, and for the past two days our AC is out. Learned today it's shot, we have to buy a new air conditioner...cost...at least 5 grand. Just great!

FIVE LARGE?

I've got traditional Maine AC...just open the windows.

 

[Terry]

Past two days it's been in the 90's, and for the past two days our AC is out. Learned today it's shot, we have to buy a new air conditioner...cost...at least 5 grand. Just great!

FIVE LARGE?

I've got traditional Maine AC...just open the windows.

The upstairs is over 100 degrees with windows open and fans! This just sucks!

 

[xotoxi]

Past two days it's been in the 90's, and for the past two days our AC is out. Learned today it's shot, we have to buy a new air conditioner...cost...at least 5 grand. Just great!

FIVE LARGE?

I've got traditional Maine AC...just open the windows.

The upstairs is over 100 degrees with windows open and fans! This just sucks!

71.6 degrees here, windows closed...51.9 degrees outside.

 

[007]

FIVE LARGE?

I've got traditional Maine AC...just open the windows.

The upstairs is over 100 degrees with windows open and fans! This just sucks!

71.6 degrees here, windows closed...51.9 degrees outside.

About what it is here too.

 

[strollingbones]

the building in question is in the pic...as you can see its not that close to me...we have a long drive way

 

[strollingbones]

here is the fence line in question:

as you can see...its more..them are your rocks or mine?

 

[strollingbones]

okay that black line is the kinda fence line lol

 

[NOBama]

the building in question is in the pic...as you can see its not that close to me...we have a long drive way

The thing is; after the statutory period, your neighbor will be able to lay claim to the propertry by adverse possession. Also, if you try to sell your property and the buyer has a survey done, it could kill the deal or you'd probably have to offer the buyer a redustion in the selling price. So why not give that property to them or sell it to them, and get the deeds straight? Getting the deed straight would be in your best interest.

 

[Anguille]

Bones, your pics make me want to move to the country.

 

[Againsheila]

our neigbhors..not the ones with the mexican dog...but the ones on the other side...have been surveying the property lines....odd we thought...so today i had to ask permission to dump some firewood on a shared right of way....plus talk to sean about not riding his motorcycle till we got all the wood cleared..we didnt want him coming out of the wood suddenly and getting hit..so in discussing the new survey...she reveals that part of their place is on her granddads land....and he is giving them more land to correct this....then she very shyly says...we think park of the garage is on your land....we know now the fence is not the property line but is 3 ft over on your property...something we knew already...so now what? me and her hubby have had trouble in the past....i have known her since she was maybe 7 yrs old...her granddad lives about a 1/2 mile down the road...but they are good people and dont complain about the dogs...much...poor thing she is trying so hard to get this all straight....so what would you have done at this point...do i insist they move the fence and corner of the garage...or do i laugh like hell and say...fuck 3 ft on the side of a fence line that no one is ever gonna use....

now understand that we pretty much cross properties to walk around behind the houses up the mountain...we just try to stay far up the mountain away from houses...that i can call her, her hubby or her grand dad for any help i might need....and we all plan to live together for the rest of our lives...o we are not talking 3 ft from our house....but a good ways from the house..they just fucked up thinking the property line and fence line were one and the same


guess what was said?

Probably something like "Hell, Damn, Fuck, all to Fucking Hell, Fucked Up 3 Feet, Damn House, Damn Fucking Fucked Up Fuck!"

Damn...there's a lot of quarters in that one....did I tell you I'm going to Vegas in June?

 

[Againsheila]

I'd make it legal and give them the three feet but make them pay for the legal fees. Otherwise, there could be problems down the line.

 

[strollingbones]

welcome back shelia....i made the food bank donation as promised...not a big one..need to do more....always seems i want to do more...but limited by bucks...

first i am a former real estate broker...so i know the problems etc....they cant claim the land....as they have not lived there for but 8 years...we have agreed just to tell them the next time the fence need to be rebuilt...it will be on the property line....grand dad aint claiming anything cause he hates the law and all....we all have legal deeds...just a problem with a fence and everyone thinking it was on the line...i will give my neigbhor this...i would have freaked and removed all signs of the survey...(i tend to do stupid shit when i panic) he has not...we havent said anything to them as they are just trying to get out of the other problem with grand dad...plus he is in construction just like us...his truck has just started leaving the house....so they are on hard times...just like we are...no use making it harder on them...over who owns the most rocks....the fence line was built the way it was due to the rocks..plus here is the other thing...no one remembers who built the damn fence to begin with....we have removed much of the fence on our land...and have permission from the people on yet the othe side...they live over the hill..to take down the fence between us and them....they have christmas trees and the dogs dont bother their cats...so they are happy....we cant even see their house...have to walk over the hill and down....then the barbwire at the top is the problem...i want it to come down...leaving only the fence on the right of us....we all plan to live together for the rest of our lives....so we may as well get on well and make the best of the bullshit

 

[Missourian]

Lease them the property for 1 year at a time for $1 a year. You'll never have neighbor problems again.

 

[strollingbones]

o good solution....a buck a year....lol...grand dad wont pay...long story ....the kids would pay...i am just kinda waiting for him to say something to us....plus they are already getting a lot of static from the other kids in the family cause they are the only ones grand dad has given land to

 

[strollingbones]

it would also help if one damn propety line was straight...its all odd shapes ....takes finding all the corners which is a hoot...