Am I being an unreasonable person? - The Horse Forum

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post #1 of 63 Old 06-11-2014, 08:50 PM Thread Starter
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Am I being an unreasonable person?

Here is the basic story. We own a lakefront property, and have for about 30 years. It was my parents before ours, so I have been here over 50 years. When it comes to property lines, being that very foot of frontage on the water is about $4K, people get pissy. Including me. Now, I have 75 ft with house, etc. Not much land, but who cares- I have water. Next to me there is a guy who owns 12.4 ft. Truly. 12.4. House across the street from the lake, behind our shed, has not been maintained in as long as I have been here. Neighbor was my dads nemesis, and I inherited that. Miserable man. Wife died right here on the beach and he has never gotten over it, in spite of remarrying 25 yrs ago. We have had numerous discussions over the years, some of which have resulted in him literally jumping on my dock coming after me.

He tried to sell back in the mid 90's, we looked, since we would like a garage and need the land-and the house is a tear down. Feral cats lived there last winter. Not a nice place, seasonal at best. He has now listed it again which is fine-most anyone would be better than him. However-the person years ago who drew up the property lines was on some good drugs……they are ridiculous. We own one car length at the bottom of what he has always used as a driveway. He is WELL aware of this, as I park there from time to time, and have told him that there is NO right of way, easement, etc. WE OWN IT. PERIOD. He owns just to the south of it and can move the driveway, but would have to move water lines and electric service, which is not my issue.

We have had a new survey done, flags are in, I called the title company to double check-NO easement. So now what do we do? DH said he would right a letter to the agent and neighbor, but honestly-with his MS he just is not what he used to be. Shall I persue this or let it be found in the title search of the prospective owner? I have NO desire to grant ANY easement at all, and certainly will NOT do that-ever. My feeling is that noone will buy it knowing that I own the driveway. Any thoughts?

We would buy it at about 1/2 of what he is asking, because we will have tear down costs, as well as-frankly-trash removal.

Thanks for listening-there are so many issues with this property it is ridiculous. (he built a fence without a permit that is over our line…..his mooring as he is selling it cannot be used, or whatever is moored comes over the line……let alone it is just creapy and disgusting.
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post #2 of 63 Old 06-11-2014, 08:56 PM
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Yes, write a letter to the real estate agent. A new owner may get really pissy if they find out they don't own what they thought they bought and you have to inform or enforce it. When no one buys the place, make your low ball offer, lol.

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post #3 of 63 Old 06-11-2014, 09:14 PM
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I'd stake out your property and run string on the side that touches his property making it clear to any prospective buyers where the property lines are.. I'd also tear out any fence that was on my property.
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post #4 of 63 Old 06-11-2014, 09:22 PM Thread Starter
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That would mean string right across his driveway. I have thought about using one of those neon orange marker sprays and making a line across the driveway so folks will the message. I have a feeling they just think my markers mark the sides of his driveway.

Bonus-Open house on Sunday-fun times ahead! Lol

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post #5 of 63 Old 06-11-2014, 09:31 PM
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Originally Posted by franknbeans View Post
That would mean string right across his driveway. I have thought about using one of those neon orange marker sprays and making a line across the driveway so folks will the message. I have a feeling they just think my markers mark the sides of his driveway.

Bonus-Open house on Sunday-fun times ahead! Lol
I guess I am having trouble picturing what you mean. Can you draw it out? How would it cross his driveway? LOL see, I am missing something!
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post #6 of 63 Old 06-11-2014, 09:32 PM
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Or you could do what my husband did when we bought a rental property...neighbor's had a driveway right across the front of it. He got a surveyor out, had the stakes put in (which you already have done) then Daddy-O took his bulldozer and covered up the driveway and planted grass, lol. We gave them a chance to buy an easement, they said no.
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post #7 of 63 Old 06-11-2014, 09:43 PM
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How would his property clear a title search?

I'd sure get this straightened out now instead of letting the situation muddy your relations with new neighbors.
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post #8 of 63 Old 06-11-2014, 09:44 PM
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I would talk to your county assessor and see what is recorded as your property line and as his. Ask them possibly about re-surveying your home or ask how to proceed if someone is disputing where the property line is. I know in AZ if you use a driveway or something on someone else's property for several years you have a partial claim to it, but you have to go through court.
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So in lies the madness, the pursuit of the impossible in the face of the complete assurance that you will fail, and yet still you chase.
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post #9 of 63 Old 06-11-2014, 09:48 PM
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Sorry, I just saw you had re-surveyed. I would still check with the assessor's office if you haven't already. Also, if you had title insurance I think they would cover something like this.

So in lies the madness, the pursuit of the impossible in the face of the complete assurance that you will fail, and yet still you chase.
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post #10 of 63 Old 06-11-2014, 09:50 PM Thread Starter
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I have asked DH about sending notice (before it went up for sale) to say that as of XX-XX date we will be converting it to a handicap parking space (for DH). Again-nothing.

I hate to go behind his back….but will talk to him about it again when he is here this weekend to push the point. It needs to be straight before sale. Period.

I agree that I do NOT think anyone will get clear title.

DH is of the opinion that they have used it all these years, they have a claim. I am not that easy. I am the type who will ask for forgiveness, not permission. (which is why I park there). He said he may offer to sell them an easement-for about $50K…but I see him doing nothing and am getting frustrated. The MS has changed him. That is for sure.

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