The surveyors are coming!

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stay da course? wrote:

You will probably be better off "putting it away" and applying your energies to other things. The time to do something about it was when you were considering and negtiating for the purchase of the place.
Since you referred to the encroacher as a "stubborn old guy" I have to assume you've already discussed the matter with him and he's essentially said, "So what? Sue me if you don't like it." to you.
Chances are the lawyer's fees needed to pursue the matter to where you have an absolute right to tear down his stuff will be enough to make you think twice about it.
"Ah feel your pain", though.....
Three years ago some folks bought the house and land next door to us and before I knew what was happening the backhoes were enlarging their back yard it and the masons were building stone retaining walls on part of our property which lay beyond the hedges I'd put in to create a boundary on what we wanted to use as our back yard.
I'd forgotten exactly where the property line was , so I hired a surveyor to stake it out again, which cost a bit over $1,000. The survey showed that the new neighbor had beautified about 700 square feet of our property and was using it as though he owned it. He'd also plopped a prefab shed down, right against the property line, without regard to the town zoning requirement for a six foot setback.
I approached the neighbor about it and told him I'd feel OK about letting him use our land if he'd just reimburse me the proportional property taxes on it, about $100.00, once a year.
He stalled giving me an answer for weeks and when it became apparant he wasn't going to do that willingly, I asked a real estate lawyer in my Rotary Club about it. He said, "Fughedit, you aren't using that land anyway, and you'd spend a fortune in legal fees to end up having to live next to a neighbor who hates you."
I took his advice, life is too short to get my shorts twisted up for long over things like that.
FWIW our lot is "Registered Land" here in Massachussetts, which means adverse possession can't give the neighbor any rights, plus the statute time for adverse possession here is 20 years anyway.
Jeff
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Jeffry Wisnia
(W1BSV + Brass Rat \'57 EE)
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Jeff Wisnia wrote:

If he justs ignores it, besides having the coop and fence on his property, he could wind up losing the land under the coop too. Right now, if the coop is indeed on his property, the neighbor is meeting many of the requirements for adverse possession. However, he may not have met the time reqt which can be 20 years. If the owner just waits and does nothing, it could result in the neighbor having a valid adverse possession claim to the land under the coop.
Which is why he needs a lawyer familiar with the state laws.

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Jeff Wisnia wrote:

I'm a bit confused, Jeff. You spoke with a lawyer but there are zoning laws and presumably building codes and permits required. Why not have the town take care of it? Wouldn't cost you a dime.
As far as living next to a neighbor that hates you... If a guy walks up to me and pisses on my shoes, I'm not really going to care all that much about his opinion of what I do next.
R
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wrote:

"Chickens" pretty much says there is no zonng and probably no building code/permits. Agricultural buildings are usually exermpt from all this stuff and most places with zoning will "zone out" farm animals, partucularly chickens first.
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On Oct 31, 5:36 pm, snipped-for-privacy@aol.com wrote:

My post was in reply to Jeff's story, not the OP's.
R
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Why is that? Chickens are allowed in many citys.
Bob
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wrote:

The only one I know of is Key West and they are feral pests.
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There are plenty in Seattle.
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RicodJour wrote:

I don't know if he got (or even needed to get) a permit for what he did, though I suspect he didn't. However, I don't think that bringing the town down on him over that would have gained me anything other than giving him another reason to think of ways to "get even" with me.
Regarding the shed he added right against the property line, it is far enough away from our house and back yard and screened by foiliage so that it's not really a bother. Complaining to the town about that would not benefit us in any significant way and I would feel like I was just lowering myself to the neighbor's level.

I think my answer to that is what others here have said here so many times. Getting into a pissing contest with a skunk living next door rarely wins you anything you'd really want. YMMV.
It was a "dog in the manger" situation, the land the neighbor "grabbed" was nothing we could make practical use of without major landscaping efforts, but it was part of the lot when we bought it 21 years ago so we own it and pay taxes on it.
I figured if that neighbor had any class he'd agree to pay the taxes on the land he's using as though it were his, and we could both feel that were getting a fair deal. I also offered to sell him that bit of land for it's tax assessed value if he picked up all the legal and filing costs of the transfer, but he didn't spring for that either.
So, as one of my previous sig lines read, "What do you expect from a pig but a grunt?"
However, his house has been on the market for most of the past year. I spoke with and wrote a letter to the real estate agent telling her she'd be well advised to inform potential buyers about that encroachment and tell them they'd be wise to get it straightened out as part of any purchase process. She promised she would. We'll see if that happens.
Jeff
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Jeffry Wisnia
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That's different. If it's for sale, you should definately make a legal stink about it, and then while that's going on, have an agent make a low-ball offer for it. Then you can solve the problem however you want, and either sell or keep the thing.
If the guy's moving out, why do you care how pissy he gets?
--Goedjn
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Get the survey first- this should have been done before closing- see how being cheap works out!!!! If in fact the neighbor has encroached I would give him the opportunity to remove it. If he refuses I would remove it .Maybe I might accidently hit it with a truck and knock it down. Maybe a new fence would appear on the property line. Let the neighbor try to start something. If he complains let your title insurance (you do have that?) deal with it as they have better lawyers than the old coot. If the coop and fence are not on your land but create a nuisance you have the right to alleviate the nuisance.
stay da course? wrote:

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Neighbor wars are _never_ worth the hassle, and they're always unpretty.
Consult a lawyer before doing anything precipitous, and explore _all_ of the options. Pissing off neighbors is always a bad thing.
--
Chris Lewis, Una confibula non set est
It\'s not just anyone who gets a Starship Cruiser class named after them.
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Burn it.
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stay da course? wrote:

When you bought it, you didn't happen to get title insurance did you?
You need to consult your attorney because you're in a quagmire. But before you do, go look at your deed and see what it says. There are various types of deeds where the seller makes various representations. The least representations are a "quit claim deed' where the seller doesn't even certify that he owns the property -- he is selling you whatever he owns, if he owns anything at all. The "best" deed for the buyer is a "warrenty deed" where the seller warrents that he owns it. If you have a warrenty deed and there are encoachments, you might have recourse against the seller. So go check you deed and call your attorney.
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Pat wrote:

I think recourse against the seller isn't gonna work in light of this:
"we bought this place with the understanding that there was an encroachment. "
And what would you try to make the seller do now anyway? The real issue is first to resolve the encroachment. Until that is done, the owner doesn't have any way to prove monetary damages, loss, etc.
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