Neighbor disputes my property line location

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.

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.

What's interesting is that there are so clearly two sides to the advice here. I haven't counted how many are on each side, but I think we can see one or more of the causes of war.

It's strange that you think the OP's problem is related to liberal/conservative.

Or maybe you think that any advice that promotes friendship and peace comes from liberals. That's quite an indictment of conservatives.

But you're only speculating. Send the original post to some of your conservative friends, without saying why, and see what their advice is. Please, let us know what they all say.

Those cars are really junked or abandoned. They're stolen and abandoned, and the owners have no way to find them. Or they're abandoned by the owner who is never coming back for them.

So it's usually good to call the police.

The OP knows exactly who this car belongs to. That's why Abe asked his question.

Before you get in too deep I'd suggest getting a survey done that includes the placement of boundary markers by the surveyor and results in you receiving a drawing showing those markers from the surveyor that bears his signature and seal. Surveys done for title companies are sometimes less than perfect.

If the surveyor has to affix his seal and signature he will search far enough back, and verify the boundaries well enough to protect his professional reputation, license and E&O (Errors & Omissions) insurance carrier. Also, you will be his client, not the bank.

There is a good chance the the boundary is not exactly where you or your neighbor think it is.

Boden

MiamiCuse wrote:

I'm not at all suggesting that the op put his fence where the neighbor says his line is, but if he does do something like that, the OP should take steps to prevent the neighbor from gaining adverse possession.

For one thing, he should, and I'm no;t sure the best method for later proof, notify the nbor that although he is building the fence inside his property line, he is not waiving his right to the rest of his property, and he is granting PERMISSION to the nbor to use it until the OP wants it back. In a way this could be the worst of both worlds-- he won't have the land and the nbor may well be angry, but otoh, the nbor may sell the house in 3 years, or for some other reason the OP may want to pursue his valid claim, and this will keep the time from now until then from being included in the 7 years I think someone said Florida required for adverse possession.

Even this piece of this is complicated, and it might be adviseable to see if the nbor has any chance of ever getting adverse possiession. Do they require claim of right in Florida? For that matter, the state of Louisiana is governed in some or large part by French law. Is Florida at any rate affected by Spanish law? I've never heard that.

Do all 6 parts of the Eunuch rule of adverse possession apply in Florida? Are there additional requirements?

BTW, there are questions of proof. In the same way the OP may not be able to get support from his seller that the neighbor knew where the propertyh line was etc. or that he gave him permission to use that strip, the mail forwarding for the seller will expire soon, and unless he has an unusual name, he may be unfindable by the nbor. Thus, although he may be able to prove it with his own friend's or his kids' friends, the nbor might not be able to prove he was using the OP's land before the OP got there, or 7 years before, even if he was. So maybe the adverse possession time will "toll" only after the OP bought the house.

How long has the n'bor owned his house. I think the time limit starts anew when the house is sold. Lots of legal questions here, maybe the legal ng can answer some.

Good for you. There might be more that you can do.

Verry interesting.

Or get a mean pitbull and chain it to that side of your house on a 15 foot chain. After a few days they will be begging you to put up a fence. :)

jimmy

Why would you do that to the poor pit bull? IMO owners should work it out on their own, and leave the dog out of it. Gee, we have our pit bull, on a chain, in the sun, next to the property line, with no water, but we never knew he/she could be mean. Leave the dog out of it, and try to work it out on a human level, though in some cases the dog might be smarter.

Cheri

Jim:

I do not understand why you have this hostile atitude towards my queries. I find the answers provided here very informative. Why would you assume that this is the only place I am soliciting answers? Why would you assume I did not hire a lawyer? Why do you assume you have the complete picture based on several posts made by me on different subjects? I think what I am asking is a common sense question that probably needs a common sense answer before I resort to legal channels, so if next time someone walks the dog and let the dog crap on my front door, and I ask for advise would your advise be to hire a lawyer too? See my answers to your questions inline below.

MC

Yes, the property has an IRS lien. The lien last ten years if it does not refile. I bought the property ten days after the ten year anniversary expired. It is the job of the title company to search and handle this matter. They have verified that no refiling has occured and even if so it would be against the previous owner and would not have transferred to the property since the ownership has changed. I have purchased title insurance. In fact, I have paid for title insurance for the lender AND title insurance for myself for extra insurance.

Why do you assume I did not hire an RE lawyer to handle the transaction? Is hiring a lawyer and seeking common sense advise mutually exclusive?

Transaction is over. I own the property now. The closing happened a month ago. My lawyer is no longer involved.

Yes.

No. It is irrelevant. I do not understand your point. At the time I purchased the property there is a tenant occupying the house. I naturally assumed the car is his. There is no reason to assume otherwise.

Yes, and I did.

What is your point?

The problem, I think is that truly intelligent people know they are intelligent, the not so intelligent ones know they are not so intelligent. The truly stupid people are too stupid to know they are stupid and they actually think they are smart. So they sit at the bottom of a well, keep looking up and keep telling others how small and round the sky is.

Please God, do not make this person my neighbor. I have suffered enough.

-- Cheri

queries. I

When someone responds to you like he did, just ignore them. You have better things to do with your time and attention than spending any of it on such a bitter asshole who is trying to get a rise out of you, and being provocative for its own sake.

Hi, Oh, boy. Looks like you gotta nightmare on hand. First he can't park/fix cars like that. My local government won't allow such an acticity. And survey result..... Feel sorry for you becoming his neighbor.

Hmm, You gotta be joking! Give up so much side yard for El Meano neighbor? I won't.

It has most state supreme court decisions, most (I think all) federal decisions published all the way to the Supremes.

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

Simple. Call the police, have the car towed off of your property.

Well, that makes the decision fairly easy, then, doesn't it?

I'd suggest you just go down to city hall, give them a copy of the survey (and insist they keep it), and indicate where you intend to set the fence. Have them issue you the proper permit for the fence. With that in hand, send a registered letter to your neighbor including copies of the survey, the plans, and the permit, with a request that his vehicle be removed from your property by a specific date. At that point it'll be up to your neighbor to initiate proceedings to stop you, which will mean hiring a lawyer and maybe having another survey done, too. There's a very good chance that his lawyer would just look at your survey and tell him he's got no case.

If you want to play it safer, you could schedule a meeting with the city inspector or engineer, and advise them of the dispute with your neighbor while applying for the permit. That way they won't be caught by surprise if/when the neighbor calls about it. Every city gets calls about fence fights on a fairly regular basis, so their city inspector or engineer could probably advise you as how to handle the dispute. The advantage to this strategy is that you'll have them on your side from the beginning; the disadvantage is that they might want to delay issuing the permit until the dispute is resolved. That's where your providing them with a copy of the survey comes in handy - you're giving them your evidence upfront, which should help them reach their decision.

If your neighbor decides to hold a grudge over you making lawful use of your property, don't feel compelled to keep trying to repair the relationship. Just continue to be civil and hope that he eventually simmers down.

HellT