Property Encroachment - LONG - Page 2

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Property Encroachment - LONG

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    08-02-2013, 08:26 AM
Originally Posted by churumbeque    
Are you sure he doesn't have an easement for the driveway?
Positive. I have gone and read through all of the papers at the county office myself. However, when I start the legal process, I will have THEM check. I have even checked all of the surveys back to the 1800's, which is when the property was divided (and looking at the lines that was done by someone on some really good drugs.... ) Nothing anywhere. We have been battling for years, as has the neighbor on the other side of him. He only has 12.4 ft of water frontage and has 13 ft (dock and boat hoist) of crap. But he puts mirrors on the fence-that makes it look bigger you now. He has a long history of ignoring the town zoning and doing whatever he wants. PIA.

Tlkg-I am finding this difficult to fathom. Any addition has to have a permit, and the county does not do the surveys. Property owner does. Also cannot believe that if there is an issue none of the title searches from several sales have had an issue with it. Having had several houses built (2 in Howard County)and having a DH who is a real estate developer in Metro DC.....sounds strange.
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    08-02-2013, 10:00 AM
Wow, thanks for all the input everyone. Except Joe4d - really... sheesh... So you have no knowledge about anything other than horses? What a narrow life you must lead.

I will try to respond to everything posted. If I miss something, please just post again.

Yes, there is supposed to be a set back here as well. How he managed to build his garage there is beyond me. I suspect that there was some nepotism involved. No, the garage can't be moved. Yes, selling a piece of the land is probably the only option. It sucks that *I* have to sell when he is the one that screwed up on the building along with the township. Also, I can't just sell him the little bit that he needs. I already checked with zoning; I have to sell a rather large chunk with road access. I'm not impressed. He also definitely knows he is on our property. When he figured it out, I have no idea. From day one that we bought the place I questioned the lines over there and walked around over there several times, making it very obvious that I was questioning where he put his stuff. Also, even if this had come to light when we were buying, there is no way that we would have had the time and resources to deal with it at the time.

There is, or used to be anyway, a "squatter's rights" law of some kind here. But it has been disputed many times and the time line is something like 20 or 30 years. It has been used to allow continued access through private property, but not much for buildings that I am aware of. Maybe I'll do a bit of reading for curiosity's sake.

Eminent Domain. Hmmm. Sounds familiar. I will ask/read. Regardless though the issue will be that the planning office will not allow the property line to be moved just enough to cover what he is using. Which means I suffer doubly. And he definitely knows. Did he know when the building was erected? I don't know, but again, back to the township and the building permit... someone should have been responsible for this. After all, part of the reason I was dealing with this now is because we are finally in a position to build a road access point there and wanted to make sure that I knew where the lines are before making any applications.

I also took pictures as soon as the surveyors left. Just lucky that I was home the day they came. Within hours at least one stake was removed. I suspect that I will find that one or 3 more have been removed. Doesn't matter. There are iron bars in the bedrock now. The surveyor knew what he was dealing with and wanted to ensure the guy couldn't mess it up.

I have to wait for the survey papers to come back, then I will take them to the lawyer. He can't do anything until he has those. And it took about three months just to ensure I could use that lawyer. I started the survey process over a year ago. This is a slooooow process.

And this is only the front part of our property. If I ever have lots of money and decided I still would want to live here, I would have the entire property surveyed. It would only cost well over $10,000 to do. I'd rather put the $10K into a different property though if I did have lots of money. That's why most people don't survey properties here.
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    08-02-2013, 10:04 AM
Also, I need to remember to ask if there is any obligation to deal with encroachment as soon as someone becomes aware. Because he definitely knew for sure that there was a problem before I knew for sure. That would possibly mean that he is more so in the wrong.

Honestly, if I was a nasty person, I'd try to figure out some way to make him tear down his garage. He's not a nice person and it would be awesome to be able to stick it to him. But, I wouldn't be able to sleep at night if I did that. So, once again, the nice guy gets screwed. For this reason, I am not willing to sell him the land at market value. It's worth far more than that to him. He can't do diddly squat with his property the way it is now; I'm going to make sure of that.
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    08-02-2013, 10:09 AM
Originally Posted by churumbeque    
They could actually take your land from you if the building has been on there for years and it was built unknowingly on your property. Its called Immanent Domain. It is an expensive process.
Just looked up Eminent Domain. It is the power of the government/state to seize land for purposes such as building highways. Not individuals. At even then, they have to pay for it. I remember now that the highway did that to my dad's property when I was a teen.
    08-02-2013, 10:16 AM
I just looked up Squatter's Rights as well. It is only 10 years apparently. Yikes! Anyway we should be within that limit, because I initiated the process before 10 years was up. And still, the planning office restrictions should have some application. What a mess. I sure hope my lawyer is good. And I sure hope our title insurance will help us. I wonder if there is a time limit on the title insurance?

Ach. I just want the papers now to be able to hand this over to the lawyer.
    08-02-2013, 10:44 AM
I can only speak for here in my state right now since I am most familiar with the regulations here. I have gone online to my local town that has jurisdiction and printed out the zoning laws and know then well. I also go to talk to the zoning officer if I have a question so he knows all my issues. I am hoping you can do somewhat the same thing. Here you could make him tear it down. It would not be easy but lawyers Eric working with the code enforcement officer can do it.

Good luck. Let us know how it goes.
    08-02-2013, 02:27 PM
It's going to be a loooong time before I have any more activity on this. I figure at least 6 weeks minimum before I even get talking to the lawyer. I'll try to remember to follow up on this thread.
    08-02-2013, 03:01 PM
THese things have not gotten to this state overnight and they sure are not resolved overnight either. Ours has been going on for over 30 yrs. This guy was a PIA for my father before me.
    10-21-2013, 11:49 PM

So we got the drawings and the neighbour definitely has buildings over the line. I have sent the papers to the lawyer and we'll go from there. Next step is a meeting with the lawyer to see what he suggests.

Man, this takes forever. It's been well over a year since I initiated this and still haven't even met with the lawyer. I'm thinking this is going to take at least 3 years to get resolved.
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    10-22-2013, 10:58 AM
Put your name on the agenda each month and attend council meetings until they are sick of the sight of you. When on the agenda, council is obligated to allow you to speak.
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