1. Welcome to Tundras.com!

    You are currently viewing as a guest! To get full-access, you need to register for a FREE account.

    As a registered member, you’ll be able to:
    • Participate in all Tundra discussion topics
    • Transfer over your build thread from a different forum to this one
    • Communicate privately with other Tundra owners from around the world
    • Post your own photos in our Members Gallery
    • Access all special features of the site

Property line dispute, anyone dealt with this?

Discussion in 'Off-Topic Discussion' started by HBdirtbag, May 13, 2019.

  1. May 13, 2019 at 8:25 PM
    #91
    ShreveportTSS

    ShreveportTSS Huh?

    Joined:
    Jul 4, 2016
    Member:
    #3762
    Messages:
    1,396
    Gender:
    Male
    First Name:
    Eric
    Louisiana
    Vehicle:
    2018 5.7 4x4 Crewmax TSS
    Get the survey done, get some fence supplies from Home Depot, put up a fence, throw neighbors shit on the other side.......problem solved.
     
  2. May 13, 2019 at 8:29 PM
    #92
    UTTundra

    UTTundra New Member

    Joined:
    Aug 4, 2017
    Member:
    #8898
    Messages:
    665
    Gender:
    Male
    First Name:
    Lou
    Utah
    One more nuance, a prescriptive easement is not the same as adverse possession. Adverse possession results in the transfer of title to the trespasser. A prescriptive easement results in a legally recognized right to have shared possession and use with the true owner. The elements for each claim are the similar, except AP (under California law) requires the payment of taxes by the trespasser and exclusivity. With an prescriptive easement, if the trespasser put up a fence or "excluded" the true owner from the property somehow, they likely would not meet all the requirements for a prescriptive easement (shared usage with the true owner).
     
  3. May 13, 2019 at 8:39 PM
    #93
    Trooper2

    Trooper2 Premium Lone Star Member / SSEM #13

    Joined:
    Feb 7, 2018
    Member:
    #12738
    Messages:
    6,736
    Gender:
    Male
    First Name:
    JR
    Houston, TX (Suburban South)
    Vehicle:
    2007 Tundra 5.7 L Double Cab TRD 2WD
    TSS 20's with Cooper ATP ll's, N Fab 3 Step Nerf Bars,, Pioneer AVIC-8100NEX, Masters Tailgate Replacement Latch with Camera, 1" Maxtrac Shackles, LED Interiors/Brake/Reverse/Cargo/Fog Bulbs, Fumoto Drain Valve, Toyota Aluminium Oil Filter Housing, TRD Shift Knob, Courtesy Door Projector LEDs with Toyota Emblem, Console Tray and Lower Divider.
    In Texas at closing, the new paid for survey is presented to the buyer and I believe you sign an acknowledgment of what exactly you are purchasing.
    If the new neighbor has a current survey and they have specific measurements, then not sure what they can do. I am sure they do not want to lose what their used to thinking is theirs, and surely do not want to pay for changes to irrigation or landscaping. Especially if they are as odd as mentioned.

    Get your land back! As mentioned, its not a building, just property.
     
    Last edited: May 14, 2019
    Ostrich, realtorblake and jewsNbrews like this.
  4. May 13, 2019 at 8:43 PM
    #94
    Darkness

    Darkness Allergic to white

    Joined:
    Jul 23, 2018
    Member:
    #17315
    Messages:
    9,976
    Gender:
    Male
    First Name:
    Luis
    All over SoCal
    Vehicle:
    The darkest
    It's really dark
    I would start encroaching on them :smokertransformer:
     
    15whtrd likes this.
  5. May 13, 2019 at 9:04 PM
    #95
    MAK

    MAK Searching for Gnarnia

    Joined:
    Aug 9, 2018
    Member:
    #17957
    Messages:
    108
    Gender:
    Male
    San Diego
    Vehicle:
    2014 SilverSky DC TRD Limited
    FRAC, Console safe, Amazon special-console organizer, Rhino liner, Pace Edwards retractable tonneau cover, Drivers side swing case, AJT shift knob and matching key fob!, Interior trim De-chrome with Faux carbon wrap, color matched door handles and mirror covers, Maxpider 3D Floor mats, Custom Dog bed in DC area, BFG Radial TA KO tires, 18 x9 +20 Fuel Shok wheels, Toytec Boss 3:1(shackles), White Knuckle offroad sliders w/diamond plate step, Bumper skins, Blackout badges, Firestone airbags, RCI skid,
    I have been in your neighbors situation twice. I consulted CA law and spoke with attorney friends and I determined that I was in a loosing battle. I gave up the land. Several factors must be met in order for your neighbor to keep the land under adverse possession. (In CA it is nearly impossible for your neighbor to keep this land.).
    But that doesn't mean that they won't fight you for it. Stupid people fight loosing battles and throw money to lawyers in court all of the time.

    My opinion: Confirm your survey, have your property marked, and put up a fence. What you do on your side is your business as long as it is within code. Meanwhile, they may fight you, but ultimately they will loose.
     
  6. May 13, 2019 at 10:36 PM
    #96
    realtorblake

    realtorblake Tundra Thunda

    Joined:
    Feb 23, 2019
    Member:
    #26549
    Messages:
    1,069
    Gender:
    Male
    Redneckistan... aka Cypress, TX
    2019 Crewmax Platinum 5" Zone lift Fox 2.5 /OME suspension 12.5x35x18 ProComp's
    Every state has it's own property statutes. Here in Texas, the Title Company that does all the research would have some liability to the encroacher that bought the property and knowingly transferred property that is encroaching on an adjacent property. That is the sole reason for having a land survey and title search done. In Texas there are many cases filed for adverse possession every year due to wide open spaces and fence's being moved. Happens more frequently than it should imo.

    Every adverse possession I have heard of here in Texas takes at least 5 years of unlawful possession to make it to a court.

    I have no idea how it works in other states, but I would damned sure it was resolved swiftly. The longer you wait, the easier it will be for the adverse possessor to win a case against you in court.

    The fact that the OP was OK until he needed it, could easily be proven that ge didn't want or need it and was complicit in letting them have it in court.

    I hate attorney's with a passion until I need one!
     
    Black Wolf and Trooper2 like this.
  7. May 14, 2019 at 5:24 AM
    #97
    markg

    markg New Member

    Joined:
    Mar 17, 2019
    Member:
    #27711
    Messages:
    472
    Gender:
    Male
    First Name:
    Mark
    NC
    Vehicle:
    2007 TRD
    They have no right to just take property not belonging to them
    As others said,
    DO THIS FAST AND NOW
    Get a survey
    Tell them to move what they want within 48 hours or you will.
    Put up fence
    The end.
     
    Last edited: May 14, 2019
  8. May 14, 2019 at 5:31 AM
    #98
    markg

    markg New Member

    Joined:
    Mar 17, 2019
    Member:
    #27711
    Messages:
    472
    Gender:
    Male
    First Name:
    Mark
    NC
    Vehicle:
    2007 TRD
    Your got that right.
    I'm with you on this.
    My neighbor started cutting his grass and letting the clipping blow into my yard and not cleaning it up, leaving piles of grass in my yard (he didn't cut often and it was a huge mess) I took my lawn mower and blew them back on his yard.
    He got mad, I and told him not to do it anymore. It never happened again.
    Nipped it in the bud
    Neighbors built a fence in in their back yard (and my back yard) I was out there checking before anything even went up.
     
  9. May 14, 2019 at 6:06 AM
    #99
    NUDRAT

    NUDRAT 6 lug life

    Joined:
    Dec 7, 2018
    Member:
    #22736
    Messages:
    3,056
    Gender:
    Male
    SW CT
    Vehicle:
    off-brand 1st Gen
    @HBdirtbag Some good advice here, lot of speculative opinion.
    As quickly as possible if not faster - get written acknowledgement from your previous owner & neighbors previous owner of the agreement. YOU MUST GET IT FROM PREVIOUS OWNER BEFORE NEW OWNER GETS SOMETHING DIFFERENT FROM THEM!
    If you go to court, written acknowledgement might be your saving grace. Your position is not strong or obvious in court.

    Do get your land marked. You will need this for the driveway project anyway, so just get it done. Your expense only.

    Don't share a survey - your surveys agree & shared cost may give them legal advantage.

    A lot of people are telling you to be aggressive with them. Don't be a D'head, you fight they'll fight back.
    Be firm & clear with them, but don't be a D'head about it.
    Your previous owner planted some bushes to match their landscape for a unified look - right? (wink, wink)
     
    Backslider, JTL, jewsNbrews and 4 others like this.
  10. May 14, 2019 at 6:36 AM
    #100
    HBdirtbag

    HBdirtbag [OP] New Member

    Joined:
    Mar 5, 2017
    Member:
    #6631
    Messages:
    1,005
    Walnut Creek, CA
    Vehicle:
    2017 limited cm

    You and I are on the same page :) Appreciate this. Not looking to be a dick...although I did smoke 2lbs of bacon last night with the wind blowing their direction (they are vegans)
     
    Backslider, Scpringle, Sas and 10 others like this.
  11. May 14, 2019 at 7:15 AM
    #101
    Ps3udonymous

    Ps3udonymous Who is the smart ass that changed the title?

    Joined:
    Aug 16, 2017
    Member:
    #9077
    Messages:
    680
    Gender:
    Male
    Being vegan is a d'head move. Your actions are fair.
     
  12. May 14, 2019 at 7:36 AM
    #102
    Black Wolf

    Black Wolf Bigfoot Hunter, Sasquatch too, but not Yeti

    Joined:
    Apr 20, 2014
    Member:
    #378
    Messages:
    40,015
    Gender:
    Male
    First Name:
    Matt
    Aurora CO
    Vehicle:
    2022 Nissan Frontier SV 4X4
    TuwaPro rack, Z1 Offroad stuff, NISMO suspension stuff, FlowmasterFX Extreme exhaust, AIS, OVS, J&L can, other goodies on the way
    Bacon! :drool: Hope you can get this resolved in your favor:thumbsup:
     
    Ericsopa and jewsNbrews like this.
  13. May 14, 2019 at 10:02 AM
    #103
    JTL

    JTL New Member

    Joined:
    Jan 5, 2019
    Member:
    #24025
    Messages:
    267
    Gender:
    Male
    First Name:
    Jon
    Phoenix, Az
    Vehicle:
    '17 MGM Platinum
    Trd CAI, Trd Dual Exhaust, ESP Locking storage, Center Console Safe, Trd Rear Sway Bar, BFG Ko2, Pioneer Avic 8400nex, Husky Liners, 19 Trd Headlights, iHacker Harness, Tech12Volts Sub Upgrade
    Since you're still friends with the old owners, I hope you have give them crap about putting you in this predicament and/or selling to your typical N. Cali liberal from Berkely! :annoyed:
     
    jewsNbrews and Trooper2 like this.
  14. May 14, 2019 at 10:04 AM
    #104
    timsp8

    timsp8 Former Tundra owner for 13 years

    Joined:
    May 11, 2018
    Member:
    #15231
    Messages:
    3,524
    Gender:
    Male
    First Name:
    Tim
    NY
    Vehicle:
    2018 Tundra Limited Crewmax - Traded In
    So basically:

    Remove their bushes or tell them to do it.

    Get a new survey or don’t cause you already have one.

    Get a lawyer or don’t.

    You are completely right or completely screwed.

    To sum it up, be wary of legal advice regarding property rights given on a truck forum.
     
    Ericsopa, mtntop, Cthulhu and 7 others like this.
  15. May 14, 2019 at 11:06 AM
    #105
    TheBeast

    TheBeast The Beach

    Joined:
    Apr 27, 2016
    Member:
    #3246
    Messages:
    12,518
    Gender:
    Male
    SoCal
    Vehicle:
    2012
    Park your lifted Tundra on the property line. / case closed.
     
    jewsNbrews, Midway and Jrharvey02 like this.
  16. May 14, 2019 at 11:21 AM
    #106
    drumzdj

    drumzdj New Member

    Joined:
    Dec 21, 2017
    Member:
    #11658
    Messages:
    431
    Gender:
    Male
    First Name:
    Steve
    Oro Valley
    Vehicle:
    2011 Crewmax 4x4
    This. If you have an owners policy then you're covered. Dig it up and open a claim. They'll pay for the survey and anything else needed to remedy the situation.
     
  17. May 14, 2019 at 11:23 AM
    #107
    drumzdj

    drumzdj New Member

    Joined:
    Dec 21, 2017
    Member:
    #11658
    Messages:
    431
    Gender:
    Male
    First Name:
    Steve
    Oro Valley
    Vehicle:
    2011 Crewmax 4x4
    My company just had to pay out a claim for something similar. Guy missed an easement running over the property. They assessed the diminished value and cut him a check for $54k
     
  18. May 14, 2019 at 11:32 AM
    #108
    HBdirtbag

    HBdirtbag [OP] New Member

    Joined:
    Mar 5, 2017
    Member:
    #6631
    Messages:
    1,005
    Walnut Creek, CA
    Vehicle:
    2017 limited cm

    this is actually sound advice and a good place for me to start.

    I am a little nervous, i did find this plot on the country website today. Shows i'm actually on their property (obviously i don't trust this as the final plot...but all the neighbors properties line up)

    Screen Shot 2019-05-14 at 7.10.15 AM.jpg
     
    NUDRAT likes this.
  19. May 14, 2019 at 11:44 AM
    #109
    drumzdj

    drumzdj New Member

    Joined:
    Dec 21, 2017
    Member:
    #11658
    Messages:
    431
    Gender:
    Male
    First Name:
    Steve
    Oro Valley
    Vehicle:
    2011 Crewmax 4x4
    Yeah I wouldn't put much stock in a county GIS mapping system. Your neighbor should do the same thing and open a claim on their side as well. Realistically they're not going to start demolishing houses but if there is a loss the underwriters are on the hook to make it right.

    Sucks you have to deal with it.
     
  20. May 14, 2019 at 11:48 AM
    #110
    JoshuaA

    JoshuaA Canuck Member

    Joined:
    Dec 15, 2017
    Member:
    #11529
    Messages:
    2,710
    Southern Ontario
    Vehicle:
    Blaaack 2.5G
    Didn’t read all the posts. Have you been paying property taxes on the original survey all these years? You could sue the previous owners and the current owners would owe you too. In post 1, that’s very forthcoming but in the end, it’s your land, and hugely practical if it becomes usable driveway. A real estate lawyer would put everything on the table for the neighbors to see as a detrimental fight not worth it. Don’t play nice, fight for your rights!
     
  21. May 14, 2019 at 11:51 AM
    #111
    DividedSky

    DividedSky New Member

    Joined:
    Nov 16, 2017
    Member:
    #10993
    Messages:
    953
    Gender:
    Male
    First Name:
    Jeff
    Vehicle:
    '18 Crewmax - ADS Mid Travel
    ADS 2.5's (rear bypass) U748 Leaf Springs
    Hindsight is 20/20, but I agree with this... There is always a a chance that they could say that since you didn't "claim" this area, you abandoned it and now it is theirs.
     
    jewsNbrews[QUOTED] likes this.
  22. May 14, 2019 at 12:16 PM
    #112
    Octane957

    Octane957 New Member

    Joined:
    Apr 30, 2019
    Member:
    #29882
    Messages:
    33
    I worked in real estate for several years and laws can vary from state to state. First, get a survey. Even if you have to pay for all of it in the end it's worth it. Splitting as you mentioned earlier is the correct thing to do. They should have been presented a survey before they signed a contract and had ample time to look at the property markers. It is not your fault they did not look at their actual property lines. Also, the amount of cars/trailers or motor homes can be controlled by covenants and restrictions or if you have one a home owner association. I have found though some places are much stricter than others. One more thing, remember in the end you have to live next door to these people so try to keep from getting mad. There is nothing worse than being on bad terms with your next door neighbors. Try looking up "squatters rights" and 'Adverse possession" for your state. Also, look up "encroachments" .That may help as well. Good luck and keep us posted.
     
    jewsNbrews and Trooper2 like this.
  23. May 14, 2019 at 12:41 PM
    #113
    UTTundra

    UTTundra New Member

    Joined:
    Aug 4, 2017
    Member:
    #8898
    Messages:
    665
    Gender:
    Male
    First Name:
    Lou
    Utah
    For those comments saying that a title company or title insurance policy might be on the hook in this situation, take a look at the policy. Oftentimes title insurance won't cover boundary dispute issues if a survey was not conducted beforehand, and the dispute is something a survey would have uncovered.
     
  24. May 14, 2019 at 12:42 PM
    #114
    Michael Tregre

    Michael Tregre New Member

    Joined:
    Sep 10, 2018
    Member:
    #19229
    Messages:
    108
    Gender:
    Male
    First Name:
    Mike
    Vehicle:
    '14 Tundra SR5 CM
    Notta
    Hopefully you have the bobcat onsite already! I sure hope you get this settled and in your favor. I'm only accustomed to Louisiana law, which even in the case of private property is far different than most states.

    Without a lease agreement, or contract of some sort, NEVER EVER let someone else use your property for any reason. That's generally a good default action.
     
    Ynot_tonY likes this.
  25. May 14, 2019 at 12:49 PM
    #115
    xJuice

    xJuice This guy...

    Joined:
    Jan 7, 2014
    Member:
    #57
    Messages:
    251
    Gender:
    Male
    First Name:
    Josh
    DFW, TX
    Vehicle:
    '19 MGM DC SR5 4.6 TSS
    TRD Front & Rear Sway Bar, TRD Pro LED Headlights, Undercover SE, Rear diff. Relocate, console organizer, debadged, color matched handles, mirror caps, and grill
    You should be able to pull up the original tract survey on that county site as well. It would show you the distances of each property line. Would be pretty easy to take that front property line distance and measure from your other neighbors line to see about where you should be landing.
     
  26. May 14, 2019 at 12:50 PM
    #116
    Trooper2

    Trooper2 Premium Lone Star Member / SSEM #13

    Joined:
    Feb 7, 2018
    Member:
    #12738
    Messages:
    6,736
    Gender:
    Male
    First Name:
    JR
    Houston, TX (Suburban South)
    Vehicle:
    2007 Tundra 5.7 L Double Cab TRD 2WD
    TSS 20's with Cooper ATP ll's, N Fab 3 Step Nerf Bars,, Pioneer AVIC-8100NEX, Masters Tailgate Replacement Latch with Camera, 1" Maxtrac Shackles, LED Interiors/Brake/Reverse/Cargo/Fog Bulbs, Fumoto Drain Valve, Toyota Aluminium Oil Filter Housing, TRD Shift Knob, Courtesy Door Projector LEDs with Toyota Emblem, Console Tray and Lower Divider.
    So much this!
     
    jewsNbrews likes this.
  27. May 14, 2019 at 12:56 PM
    #117
    Trooper2

    Trooper2 Premium Lone Star Member / SSEM #13

    Joined:
    Feb 7, 2018
    Member:
    #12738
    Messages:
    6,736
    Gender:
    Male
    First Name:
    JR
    Houston, TX (Suburban South)
    Vehicle:
    2007 Tundra 5.7 L Double Cab TRD 2WD
    TSS 20's with Cooper ATP ll's, N Fab 3 Step Nerf Bars,, Pioneer AVIC-8100NEX, Masters Tailgate Replacement Latch with Camera, 1" Maxtrac Shackles, LED Interiors/Brake/Reverse/Cargo/Fog Bulbs, Fumoto Drain Valve, Toyota Aluminium Oil Filter Housing, TRD Shift Knob, Courtesy Door Projector LEDs with Toyota Emblem, Console Tray and Lower Divider.
    OMG! Correct me if I am wrong, but isn't that just a small piece of their front yard, on other side of the driveway? Don't they have a bigger front yard opposite side of their driveway in front of their house?
     
    15whtrd likes this.
  28. May 14, 2019 at 1:05 PM
    #118
    markg

    markg New Member

    Joined:
    Mar 17, 2019
    Member:
    #27711
    Messages:
    472
    Gender:
    Male
    First Name:
    Mark
    NC
    Vehicle:
    2007 TRD
    Oh $hit, LOL
     
  29. May 14, 2019 at 1:05 PM
    #119
    careyrob

    careyrob In the field

    Joined:
    Sep 27, 2016
    Member:
    #4680
    Messages:
    618
    Gender:
    Male
    First Name:
    Carey
    Massachusetts
    Vehicle:
    2008 Crewmax TRD 4x4 Silver
    LRO 3/1 leveling lift 35x12.50's on 20x9's Hellwig rear sway bar B&M 70264 SuperCooler Transmission Cooler Firestone airbags Daystar cradles Air Lift WirelessONE Compressor System
    Those aerial image overlays are not intended to be as precise as a survey. I use them in OnXhunt maps and I've noticed that almost none of the images line up with the mapped property lines exactly.

    The plat map and the survey markers are what they'll use to determine where the property line is located. If no markers exist on your property (I've seen them embedded in the sidewalk before) they'll find the closest one and use it to identify your property lines using data from the last survey .
     
  30. May 14, 2019 at 1:18 PM
    #120
    HBdirtbag

    HBdirtbag [OP] New Member

    Joined:
    Mar 5, 2017
    Member:
    #6631
    Messages:
    1,005
    Walnut Creek, CA
    Vehicle:
    2017 limited cm
    Yep, no HOA, and no governance around amount of cars I can own as long as they can fit in my driveway and can run (can have up to two non running vehicles at a time but need to be in a garage or behind fence). I'm not really worried about good or bad terms with these guys. They've been here for 18 months think we've talked 5-6x's. Couple in their late 60's......wife legit never leaves the house.

    Have some calls today into surveyors, waiting for someone to respond and get that knocked out.
     
    Octane957[QUOTED] and 15whtrd like this.

Products Discussed in

To Top