Property Encroachment - LONG
Does anyone have any experience with this? My neighbour's shop extends over the property line and there are also sheds and other things well over the property line.
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.
so what kinda horse does your lawyer ride ?
point being ask us about horses. Let your lawyer do legal stuff. Every area is different seems you need a lawyer to deal with this.
Definitely something that only a lawyer who is looking at the paperwork can address. Let the lawyer do the work and try not to get directly involved in conversations with anyone about it.
I have no idea how it is in Ontario, but I will tell you that here in NY, I am dealing with a similar issue. However, I know the laws, am having a new survey done, and am taking pictures when they do it so the neighbor cannot move stuff, as he has a history (even tho it is illegal) of doing. I also know that around here, if they are allowed to use property for a period of time, they can claim a right to it. SO, I sm obnoxious about him knowing what and where I own.....for example, I own the bottom 10 ft of his driveway. So, I park there when I feel like it, and make sure he KNOWS I am parked there. I also own about 2' of his steps down to the lake, and part of what he uses for his frontage to the lake. (by law our fence has to be 2 ft off the line, which is why he has this....HATE this law) So, I regularly make him aware of what and where I own. This year he has gotten obnoxious, so at the end of the summer season, after the new survey is done we will send him a letter to 1) move his stairs off our property. and 2) move his driveway because we will start using it as a parking space next spring. I cannot deny him access, so have to give him notice and will have to call the lawyer and double check.....but I think a year is long enough for him to move his utilities and move his driveway.
So, if I were you, I would contact a lawyer ASAP. Do not continue to let this guy use your property. ASk the lawyer about requiring it to be moved, etc. YOu may need to send it is writing, etc.....with notice.....
My neighbor is well known as the town slum lord and is older, but still has been knows to come after me on my own dock.....next time he will be in the water.....I have had it. Mine even has renters who look in my windows. Creepy. GOod luck!
First..even if it is shown the building is over the line, is it a building that can actually be moved? There is a common sense thing here. Due to an error on the part of the county my brother's neighbors house extended 8 inches over the property line. The neighbor simply bought the 8 inches (in a straight line from back to front of property) at fair market value as obviously the house couldn't be "moved" unless it was torn down and rebuilt.
Not sure how that could happen, being that there are setbacks on all builds......usually 10-15 ft. Depends on where you are, I supposed. Out in the country is one thing. Waterfront, which is where I am-there are battles over 6 inches. It also depends on the neighbor Some are totally the "take a mile" mentality, and others are gracious and genuine in their remorse. Mine is the former. If you have acres and acres, yes, one solution is to sell them the land at fair market value, with them paying the associated costs.
In my brother's case it was an addition the neighbor added on post build. The county readily admitted they goofed on their surveying when the owner applied for the building permit. The neighbor's, and my brother's, houses had been sold a couple of times post build and no one ever questioned.
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.
Depends on your judge I would say.
Several years ago a neighbor of my best friend had gone into home, his property sat vacant, and the idiots down the hill behind the house built a house about 20 feet into the vacant house's land. Son saw what had happened, but the law said it was okay for the house to be built. Didn't make the jerk pay for it, remove it or anything. Basically got away with about 1/2 acre as they had put a fence up too.
Hope your judge and town is better than that.
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