Property line dispute, anyone dealt with this?

This should've been taken care of before you purchased the house. That's when you had the most leverage. Your realtor would likely have assisted you then. Letting it go may have been a big mistake. Get a lawyer that specializes in property issues ASAP!

https://gomezsimonelaw.com/adverse-...MIspHpu-CZ4gIVVh-tBh0bbw-LEAAYASAAEgIyWfD_BwE

 

So if I extend my landscaping into neighbor's yard, she's in a nursing home and would not notice. You saying after time I have legal right to that property?

 

The title company might be on the hook. They were to check property descriptions when you bought.

 

Unfortunately yes depending on state laws.

But if she has relatives looking out for the place, you could get into trouble for it.

 

When you bought the house you should have received a plat with the lot layout, as well as Zoning should have it..

 

Especially Berkeley transplants.

I would think the real estate broker would be on the hook for not disclosing the issue to the buyer. I'm not a lawyer, just like to argue.

 

Why in sweet baby Jesus’s name would you allow your neighbor to build this on your property?? Your neighbors said “you can have it back when you are ready”??? You sir are a better man than I....

 

Is the red line also where you privacy fence is in the back yard ? Man if this was my house I would just go rent a back hoe and go to town you can clearly see that is a made up property line then tell them to take you to court it is all mumbo jumbo stuff it's your property plain and simple get a servey and take back what is yours.

 

Bingo, we did, we moved next door to inlaws (to help take care of everyone) and I was shocked how close to the line they had built a detached garage. The original lines should be on the plats and if someone sold the property with the lines moved, I'd think they would be on the hook for some trouble.

 

My wife owned a small house on a cul-de-sac when we married. Contrary to good judgement, and probably local codes as well, these houses were built right on the property lines of the lots.

There was a little sliver of land on the side of the neighbor's driveway that adjoined my wife's lot (much like the OP's situation). When we wanted to install irrigation and lay down sod on our side, we wanted to simply include the little sliver that our neighbors never mowed and generally neglected. We wanted to take on the maintenance duties simply to have the yard all look the same.

I had a surveyor come out to locate the property corners, and received a happy unexpected surprise: The neighbors house was actually built 4" onto my wife's property. Knowing the Texas law about structures built onto an adjoining property, I informed them of the situation and offered to simply swap the square footage their house was situated on for the sliver adjoining the driveway, PROVIDED they provided the necessary survey, attorney and title services.

We installed the irrigation, laid the sod, and maintained that sliver like it was our own. They dragged their feet and never got the transfer done. Once we had put our house on the market, and quickly received an offer, they came over in a panic wanting to finalize the transfer. At that point, I refused to get the house into a title transfer transaction that could delay the sale, since we were on a time-sensitive schedule. I explained the verbal agreement to our purchaser, and the need to go ahead with the title transfer once the sale was complete. Our buyer was looking at maybe having to relocate a few irrigation nozzles, but the neighbor was facing demolition of his house if the new owner didn't follow through.

 

Maybe I should start cutting peoples grass for free, then claim ownership through adverse possession. I can take over the world.

Their concern on property value is not valid. When they bought their house the square footage of the lot should be aligned to their legal property line, not their perceived line.

It would have been best to take over that land right when the old neighbor was selling, even just a small fence would have worked. Unfortunate. I hope they don't win your land and hope that this doesn't destroy whatever neighborly friendship you have.

 

There is an app I use for hunting which shows property lines according to tax maps. On x hunt. It is 30 bucks but may help

 

I would get it surveyed & go to the city or county see if they'll be of any help? Surveying won't cost much

 

Yeap. That’s where my heads at

 

The new owners were informed they were on our land. They just didn’t know the extent of it.

 

Most counties have GIS now, you can look it up online. Still have to have a proper survey done to be legal.

 

In writing?

 

I say get the necessary permits to do the concrete and whatever else so Atleast once you get approved you have another piece of paper in writing that shows that’s your property line. If you do go to court over this just another piece of evidence to show it belongs to you and having the city approve proves it’s your

 

At the end of the day your paying property tax on that lot of land not them, so technically they can’t say it’s theirs

 

When the previous owners acknowledged that the property line was crossed by them and that they would "give" it back......did you get that in writing? If not... you may have a problem.

 

Nope. But we are close friends with them still....I could “work” that out

 

https://www.leg.state.nv.us/App/NEL...4&fileDownloadName=0405AB380_ande_handout.pdf
Definitely need to lawyer up and fast. 5 years is the number on prescriptive easements. I took a law class in college and briefly went over this for MO. I am by far NOT an expert on this, lol, but I would not waste another second on this one. I found a document that briefly went over the law in CA from 2017.

 

Worst case if you lose it you could countersue for property taxes that you've been paying on it right?

They get sent to Fed for tax evasion

 

You guys need to realize that the law is on the side that its your job to defend your borders, not your neighbors job to respect them. It designed precisely so nobody has to demolish their house if it's built over the property line. Once the house is built, once that fence is laid...you are generally screwed regardless of what the property line used to be.

This is why its very important to get this stuff worked out when you buy or sell property and why you never let someone else use your property without some documentation.

 

Lawyer up now. Let the suits work it out. Every state is different with AP. I've seen several instances over the years since I've been in Colorado. Usually not a good outcome for the property deed holder. I bought a little over 5 acres of recreation property here in CO. First thing I did was locate all the surveyor markers. 40+ years old only one still had the plastic surveyor "cap" on the rebar. The rebar went down 5 feet. I used my metal detector and the original plot from the county to find the other three. Used a 200 foot tape measure to verify original distance. Once I found all the markers, I put up a barb wire fence.

 

THIS ^^^

 

Did not read all the replies, it's yours. Done and done there is no such thing as well I was always mowing the lawn there. People try that shit all the time. Does not fly.

 

I have the name and number of a Real Estate Attorney I trust in the South Bay (Campbell). Let me know and I will share his contact info.

I feel you should speak with a professional and spend the money on peace of mind before you start splitting costs on surveying the property. Don’t go down a path you cannot come back from.

Definitely going to continue follow this thread so please update how it turns out. Thanks

 

You'd be surprised how often it happens it seems.

 

I think the law link above refers to easement rights. there is no easement in this case,
If they built a structure on your land, that would fall under the permission thing.
This is not a structure. it a yard.
Get a survey, pay for it by yourself, that way they cant say they paid for their part of the survey because its their land.
Once you have the survey. send them certified mail of the survey.
This is all I would do.
Once they receive the mail, I would put up a fence. Fast.
Let them lawyer up. they do not have a leg to stand on.