Property Encroachment - LONG - Page 3

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Property Encroachment - LONG

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    10-23-2013, 02:09 AM
How annoying! We had a neighbor move next door who didn't speak English. He thought his property started where the fence ended, when we owned several feet of property next to the fence. He was going to put a bunch of stuff there (plants), drive way etc. He actually called the police when my dad (who is a surveyor) went out there to measure and put up tape!

This was the same neighbor who blasted illegal fireworks over my barn every year for the 4th of July! I swear he was aiming above the barn!

When we moved out (a year or two later), a policeman bought our house.

Does he have permits? If he doesn't have permits, anything he built can be torn down if it is not up to code.
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    10-23-2013, 08:23 PM
Saddlebag - this has nothing to do with municipal council at this point. All must be done through legal channels.

4horses - well, building permits are enforced now... whether they were when he built, I don't know and there was a lot of nepotism at the time in council as well. On top of all that, this is a fairly rural area and people didn't seem to have any respect/concern about property lines -- as long as you had a "rough" idea. Wow.... I doubt I could ask him to tear it down. It's been a while and a tear down would be very expensive, not to mention extremely bad karma in a small community.
    10-23-2013, 08:37 PM
Here is the problem, and of course you will have to check your jurisdiction. But, in many areas, if you let it go a number of years, they basically have rights to it. I have this issue with my neighbor when it comes to many things, but, I know I own the end of his driveway. He knows I know, he knows I park there sometimes.....I cannot "deny him access", however, I can make his miserable self MORE miserable. There is no "right of way"......but-it I ignore it, eventually, he just has rights to it. He also knows not to annoy me.....I will go to a lawyer IN A HEARTBEAT and send him a letter giving him notice to move his driveway. We have had issues since my dad owned this property, and he and I have had it out before. Anyway-it also becomes an issue when/if either property is makes yours difficult to sell, as well as his, since some of the buildings he would be selling are on YOUR property. In my case, I have made it abundantly clear to my neighbor that there is not nor will there EVER be a right of way legally. Therefore, he is basically shafted in selling. We are not in this for a popularity contest. Our real estate is probably our biggest asset. Don't let someone else mess that up. Be smart about it.

Add:some things MAY be grandfathered just have to know your building and zoning code, and if in question call the town.
Chasin Ponies likes this.
    10-23-2013, 09:24 PM
I've been "the nice guy" one too many times. Its not worth it in the end. Even people who you think are good neighbours will most of the time put themselves first, if it comes right down to it.

If you need the piece of land that his garage sits on, and the garage is in your way, get it torn down. He most likely knew exactly what he was doing in the first place, and was willing to take the risk in hopes no one would notice or have the guts to enforce the property line. The fact that he's threatening and interfering with a lawful survey speaks volumes.

I'm sorry, but the law is the law, and you paid for your land fair and square. Anyone who would criticize you for taking what is rightfully yours is very naiive. Besides, its easy to judge when its not YOUR land being stolen.
Glenknock likes this.
    10-23-2013, 10:03 PM
Franknbeans - yes, I know about the time thing. In Ontario, apparently it is 10 years. But there is some grey area there as well. I have already taken into consideration the selling of property. He would be far more screwed than I would be, so I am in somewhat of a position of power here. If we can't settle it now, then I will register the drawing as required so anyone that looks into buying his property will know that there is an encroachment. I can certainly let this fester in my craw for many years. <insert evil laugh here>

Fourteen - no, I will not make him tear it down. I need to sleep at night too. He's an a$$; I'm not. I will be reasonable, but I will get my fair buck as well.
franknbeans likes this.
    10-24-2013, 07:15 AM
Its not about being an ass, its about doing what you want or need to do with your property, within your rights as a landowner.

What do you foresee as a best case scenario as a resolution? Do you think he will volunteer to remove it, or stop encroaching on your land? Do you think anyone will buy your property in the future knowing there's an encroachment by an unfriendly neighbour that comes with the deal?

Stop thinking emotionally. This is a legal matter not a family squabble. You do not need to feel guilty, you are not the one breaking the law. JMO
    10-24-2013, 06:38 PM
For him to tear down the shop, the financial costs are huge. It is, IMO, unreasonable for me to ask him to tear down a shop that is worth over $100,000 probably because it's over the line by a few feet. Of course, if he is not willing to pay me for those few feet, well then he can tear the darn thing down. I think a court would say that I should accept a reasonable payment for that section of land.

The best solution is a severance to sell him whatever portion he needs. The difficulties are what the planning committee will allow, the costs I have incurred, the costs to do the severance and determining the value of the land that I would sell. Keeping in mind that we fully expected to be able to sever another portion that had enough road allowance for a full driveway over there.

I'm not thinking emotionally. If I was, the guy would get diddly squat and I would get $$$$$ big bucks. I'm thinking reasonably.
    10-24-2013, 07:39 PM
Northern-Will the jurisdiction involved automatically allow a variance because obviously they said structure is not even close to the setbacks that most places have? I would think you also have them? Here it varies somewhat as to the zoning of the land and type of structure, but, for example, by setback is 15' each side. My house is closer than that, so I had to go to the town and file for a variance. Some things are grandfathered in. (as it turned out, mine was, since the structure we were tearing down and the new one were in the exact same place).

I would think, given the value of the building, you basically have this guy by the "short hairs" so to speak.
Walkamile and Glenknock like this.
    10-24-2013, 08:01 PM
FNB - not sure what you mean... I have already inquired at the planning board and they will allow me to move the property line, but they may not allow me to move it only 10 meters (or whatever it is. I forget.). I may have to sell him a larger chunk and that is something I don't want to do. However, my land $urveyor a$$sures me that he can get the planning commissioner to do whatever we decide we want to do because she is relatively new and he is $pecial. LOL.

Ya, I figure one way or another I will get something out of this. Just a question of how much, and when.
    10-24-2013, 08:07 PM
Green Broke
Just curious, but if tearing down is not an option (and I'm assuming it isn't because you personally don't wish to go in that direction) is moving it not on the table?

I ask because a situation here in Maine came up where the "gentleman" was told point blank he had two choices. 1 tear it down, 2 move it. He was in violation of building ordinance on water front property, but this guy by you basically built illegally on your property.

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