Neighbor disputes my property line location

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On Wed, 21 Jun 2006 11:26:31 -0700, snipped-for-privacy@the.shoppe wrote:

Not only that. Once you build your fence on the wrong property line you will have trouble selling your house should the buyer do a property line survey.
I have a "good neighbor" case of my own. The first owner of the adjacent property paved his driveway so that it had a wedge 50 feet long with the base side encroaching some 24 inches into my curbside end. To correct the property line meant he won't have access to a rear garage should he decide to build one. Since It wouldn't affect the placement of my yet-to-be-built house and his encroachment would only affect my detached garage I said don't worry about it.
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Goedjn wrote:

You gotta be joking! Give up so much side yard for El Meano neighbor? I won't.
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Well, that makes the decision fairly easy, then, doesn't it?
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I think it is still salvagable. Invite him and his wife out to dinner so that "we can talk about things". You'll be paying. He may want to talk about things at home, but he'll do so more willingly, now that like a wolf presenting to the leader of the pack, you've bowed to him a little bit. (Somewhere in this group, I wrote about how I invited my next door neighbor out for a drink so we could discuss things. He didn't want to go and we never discussed things, but he's treated me a lot nicer ever since I invited him.)
If you go, choose some place and time where you can sit at the table a long time and where there is room to put out 2 or 3 pages of paper. Have your legal description but the most imporrtant thing will be the map that I think comes with it. Copy that, and on the copy or on your own sketch, put in more landmarks, and make it clear which ones you put in because he's going to doubt them, and you don't want to look like your lying.
Maybe your survey is enough, but maybe there is some reason he thinks he owns more that your survey shows. In fact you may want to call your surveyor and ask if he has any advice on how to handle this and how to do so tactfully. Also ask him if he verified that the neigbhbor's description to make sure there is no overlap. I'm not saying that is his job. Sort of I think his job is only to take your description and apply it to the land around your house.
But mistakes happen. AFter this n'hood was built, we found out we had built some of it on someone else's land. Until we found out, we were in the position of your neighbor. And it wasn't a matter of moving a car, but of tearing down a house. Of course that wasn't going to happen and both sides were businessmen (who developed the land but didn't live on it) so they worked out a deal for us to give them some of our unbuilt land, in return for keeping the land we had built on.
So it's probably your job to do this: Before you do this, you can go to the county clerk's office and make a copy of the deed to his property. A dollar a page,maybe more now and you only need to copy the legal description, and the map if there is any. Now even though it is public record, he may well find your going to the county clerk's office like looking in his wife's underwear drawer, so after you've compared your description with his, and seeing if there is only one segment of your property line that abuts his, or perhsps more, you'll see the legal description of that segment. Mark that too, maybe overdraw it with a colored pencil.
And you can point out to him how big his yard is on the other side of his house.
(part of my plan is missing here, but never get angry and don't insult him or his intelligence or knowledge of the law. He may have been misled by the seller but don't let it sound like he was a sucker or a fool.)
Somewhere in all this, give him time to talk to his real estate agent or the prior owner (he may fess up if he won't lose money) or his lawyer, or to go to the court house and look at his lot description (Don't offer to show him the copy you made. That was just for your knowledge.) and when he gets the idea that he's going to lose, take them out to dinner again, with no papers. Inviting them to your house for dinner might be nice too, unless your house is nicer than his. OTOH, he's had years to fix his up, so maybe it's not.
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MiamiCuse, 6/21/2006, 1:40:28 PM,

Go to the county office together (or alone) and look at the plans they have there. That should clear up any misunderstandings, although not hurt feelings.
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http://www.miamidade.gov/pa/property_search.asp
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MiamiCuse wrote:

You're going to build a fence so it doesn't matter if he is pissed or not. Tell him to move the car or lose the half on your side. Probably not legal to have disabled vehicles sitting around anyway.
--

dadiOH
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My thoughts exactly. Look into the zoning and see if there's something about disabled vehicles. Also, if you're part of some kind of homeowners association, I'd be surprised if there wasn't rules against that.
Greg M
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wrote:

Also shouldn't be threatening him about the law and his cars. Noone likes a rat for a neighbor. It's one thing to insist on the land the OP thinks he owns, but to imply he will sic the cops on the neigbor is nasty.
If the OP were going to look at them all the time and didn't want to, that would be one thing, but he's building a fence. If it is a solid fence, he's already imposiing on the neigbhor because even though he has a right to build a fence, the neighbor probably likes the view and the unfettered breeze that goes through his back yard.
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Plus the day may come when the OP may want to violate some rule, or may do so unknowingly. Rules like not keeping cars on your property only matter if someone is upset by their violation. IF the OP is upset by what the nbor does, the nbor will be upset every time the OP breaks a rule, even a little bit. And he'll call the police on him.
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wrote:

If someone gets killed using an engine hoist to repair the vehicle, he'll, then, happily point out that it is on your property.
--Andy Asberry recommends NewsGuy--
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wrote:

Quote:
"The Miami-Dade County Property Appraiser uses the "My Home" Geographic Information System application to provide Real Property information on individual parcels of land. Through the use of up-to-date technology and the Internet, you are now able to search our database and find information on almost any parcel of land in Miami-Dade County. You can view a detailed map of the parcel area and print property information. A text only version is available for a faster response time. Click the button below to begin.''
Link:
http://www.miamidade.gov/pa/property_search.asp
I suspect you will be able to view most all you need here to clarify the property bounders. Our local government allows me to see measurements, etc. Let the guy look at his own property on-line.
The guy has to get over it. Do not put your fence or construction debris very (too) close to his property.
BTW, the cars in some neck-of-the-woods are considered "yard ornaments".....
Oren
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My county in N. Illinois, also has on line aerial views of all properties with property lines superimposed. However they point out that the lines are for reference only and not a legal survey. In my case, the lines are a good 20 to 30 feet to the South of where the actual survey that I just had done, shows the real line to be. So I would suspect that Miami/Dade may have a similar warning on their website. In fact in my case, the surveyor pointed out that the hand drawn picture of a circular drive separating my property from my neighbor to the North had been misinterpreted as a full circle coming back toward my house (it leads down to the river) but in reality only circles until it is headed directly towards the river and then from there on is straight. Mute point as it was never actually put in.
Tom G.
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parcel maps for you and your neighbors house. You'll be able to determine right quick what the property boundaries are.
http://www.miamidade.gov/pa/property_search.asp
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Abe wrote:

I did that, the aerial maps are not very precise, with tree covering and low resolution, I am only able to tell that there is more room on my side then his side, but nothing that I can use definitively to scale off some distances.
MC
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dimensions and distances. It's not an aerial map, more of a technical drawing.
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wrote:

Post your town and street address and all of us will help you examine the maps.
Also post your neighbor's addresss and the times that his wife sun-bathes.

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MiamiCuse wrote:

Lord, man...you had a surveyor who located the corner stakes. And a description of your property. What more do you want?
--

dadiOH
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Around here, the "corners" of property are pegged with a square 1/2" X 1/2" iron 'pin' driven deep into the ground by the surveyors who laid out the plat for the original developer. If you're lucky, you may have the same. Try digging where the survey says the corner of your property is.
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wrote:

I have that too. Last year my neighbour got really mad and threatened to sue me because I had some tree branches trimmed off my roof.
This summer my neighbour on the other side of my house brought over a metal detector and we found the property marker for my house. The nine trees between the angry neighbour and my house are completely on my side of the property line.
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