I am doing the legal thing, but I'm wondering if I should enquire at my municipal office about by-laws myself. My hesitation is that this is a very small town and I am not part of the "in" crowd. I wonder if letting my lawyer handle everything will be better.
My neighbour is not approachable <sigh> and this is a major deal. I am not willing to discuss this at all with him as I have found him to be fiery and verbally aggressive in the past. Many people feel the same way about him. The surveyors were not impressed when they were threatened.
Can I put a lien on his property until this is resolved? Or register the encroachment at the land office? I know he tried to sell before, but of course, no deal came through and the for sale sign came down. But I don't want that property changing hands, even to a spouse or through inheritance or to a bank without this being resolved. I figure a lien will get the bank on his case if that becomes necessary.
I've read that in some areas it's possible that once the encroachment has been brought to light that the owners are obligated to resolve the issue. Any idea if that's a provincial or municipal thing? I would imagine it's municipal, but I dunno... Maybe MPAC (Municipal Property Assessment Corporation) has some impact on this.
I am not terribly upset about this. I am disappointed because we had other plans for the land there. There is a solution, where we toss those plans, but I'm not sure the neighbour is going to like it. However, I am not willing to get screwed over because he managed to winaggle a bogus building permit, or didn't get one at all (before we moved here).
Yes, the building was already there along with other stuff, when we bought the place. Rural properties are rarely surveyed upon purchase here, so we just figured we do it later. Plus, we bought it from a bank; figured that they would have been concerned with such an issue when they put it up for repo-sale. My lawyer thinks that our title insurance may kick in, but he's not sure yet because we shifted the property from MDH to me a few years ago.
Maybe I'm worrying too much and a simple letter from my lawyer will get an agreement from the neighbour without a fuss. Who knows.