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-   -   Neighbor using some of my land (http://forums.pelicanparts.com/off-topic-discussions/799386-neighbor-using-some-my-land.html)

RWebb 03-03-2014 04:02 PM

Quote:

Originally Posted by Rot 911 (Post 7942015)
I am an attorney, as you well know. And I have litigated several adverse possession cases. NOLO just happens to have a useful chart that accurately lists all the state statutes.

Personally, I would rely on NOLO for legal advice before I would rely on you. :rolleyes:

Sorry you are unhappy - I have no idea of your employment, only your personality.

Have you checked the chart in Nolo for accuracy and timeliness? I didn't think so.

dyount 03-03-2014 04:46 PM

Are you completely sure that the angle of property is truly yours? The way the prop is laid out on the first page is kinda odd. Probably the social off neighbor assumes that it continues along his prop line in a straight line to the corner and not cut off as in your yellow line marks.
No need to sue btw, depending upon who is doing your local zoning enforcement if a simple discussion doesn't do it a call to the zoning/codes dept should fix it. You may need another survey or to find the pins located. If the prop does hop off line as in your first post a stake/post/concrete monument is certainly to be there somewhere.

Rot 911 03-03-2014 04:50 PM

Quote:

Originally Posted by RWebb (Post 7942271)

Have you checked the chart in Nolo for accuracy and timeliness? I didn't think so.

Absolutely. Checked and double checked. Even read the latest court rulings. What have you done other than have diarrhea of the mouth?

RWebb 03-03-2014 06:09 PM

I don't know what prompts your personal attacks, but why not just help this guy with his problem.

BK911 03-04-2014 03:52 AM

Thanks for all the help. Most are saying the same thing so that is what I will do. I will update after the confrontation.

KFC911 03-04-2014 05:01 AM

Quote:

Originally Posted by BK911 (Post 7942941)
Thanks for all the help. Most are saying the same thing so that is what I will do. I will update after the confrontation.

If I were in your situation, and didn't really care if he "did what he was doing", I'd probably proceed with a face-to-face just to get his initial reaction, etc. Assuming he wasn't a jerk, I wouldn't worry about adverse possession, liability, etc. for someone putting up lights, etc. if I didn't care, but I'd sure preserve my property rights. I'd do as MRM and Rot suggest... just lay it all on the line.

ps: Sometimes it's a history lesson when trying to figure out how some of these quirky property lines develop over the years as larger properties get combined/divided/traded...BTDT just a few years ago ;)

Tervuren 03-04-2014 06:10 AM

Quote:

Originally Posted by BK911 (Post 7942941)
Thanks for all the help. Most are saying the same thing so that is what I will do. I will update after the confrontation.

If you are going into this with thinking of it as "confrontation" then don't expect any good results. Every action has an equal reaction in the opposite direction...

As for not talking to you, its been three years since I last talked to any of my neighbors. When I put a Lindsey racing exhaust on one of my 944's, a guy who'se house is sideways relative to the road I drive by, which makes his bedroom next the road, was outside, and I stopped to ask if he heard it or if it bothered him. Let him know if a loud car ever does - it was probably me, and to let me know.

He said he was a sound sleeper, it hadn't/wouldn't bother him, and that was the last time I talked to him.

Some people prefer to be left alone unless there is something that actually needs to be communicated. Just because he isn't your kind of "friendly" doesn't mean he's hostile right of the box. BUT - you can make him so if you go about it.

BK911 03-04-2014 07:43 AM

I may have misused the term confrontation. I didnt mean to imply hostility, just that I would approach him to discuss the property line. Lets call it the discussion. :D.

VINMAN 03-04-2014 07:59 AM

http://forums.pelicanparts.com/uploa...1393952374.jpg

john70t 03-04-2014 08:27 AM

Quote:

Originally Posted by RWebb (Post 7942271)
Sorry you are unhappy - I have no idea of your employment, only your personality.

Have you checked the chart in Nolo for accuracy and timeliness? I didn't think so.

rwebb:
This type of response is wholly...unnecessary.
It's pissing in the punch bowl.

A professional in the field gives information to the best of his knowledge.
If there is something to correct, please do so, with data or links in support.

Then everyone on this web-forum benefits, and learns something new today.

Mark Wilson 03-04-2014 08:29 AM

Go piss on the land to mark your territory.

Shifter 03-04-2014 09:14 AM

Three pages and nobody has asked if the neighbor's wife is hot?

I am disappointed, you guys are slipping.

RWebb 03-04-2014 10:33 AM

john70t - I assume you did not read rot911's attack posts. Go back and do so, if he did not delete them.

stomachmonkey 03-04-2014 10:54 AM

Quote:

Originally Posted by RWebb (Post 7943675)
john70t - I assume you did not read rot911's attack posts. Go back and do so, if he did not delete them.

Not my fight but you did kind of ask for it and I would hardly characterize Rots response an attack.

Everyone here knows he's an attorney and from all accounts a good one.

No different than if one of the many MD's here offered advice and you quoted them and responded that the OP would be better served getting advice from an MD.

You basically told him he sucks at his job.

john70t 03-04-2014 11:17 AM

I am in my 40's.
I have lived and learned and experienced quite a bit.
I'll try to continue to do so.

Daily, I still have regrets of my past.
There is still some much I wish I had learned about life, and the world.

Sometimes I forget I am an adult now. Amoung adults.

Gogar 03-04-2014 12:32 PM

"Attack Posts?"

Come on, man.

RWebb 03-04-2014 03:16 PM

Quote:

Originally Posted by stomachmonkey (Post 7943713)

Everyone here knows he's an attorney and from all accounts a good one.

No different than if one of the many MD's here offered advice and you quoted them and responded that the OP would be better served getting advice from an MD.

You basically told him he sucks at his job.

I simply asked about something he posted - as it turns out he was wrong in terms of the explicit text of his post

I had no idea he was an attorney, and believe it or not, don't even try to track people's employment on here.

You are mistaken in your attribution of motive - no one should or is allowed to practice law out of state, and that likely means over the internet.

When I tell people to see a lawyer or see an MD that is good advice even if a certain lazy culture promotes trying do everything with a URL.

304065 03-05-2014 09:37 AM

Is there a bank involved? In other words does OP have a mortgage? The bank might have something to say about allowing an encroachment on its collateral.

Gogar 03-05-2014 09:46 AM

I still think you need to consider the possibility that he just doesn't know it's not his.

Steve Carlton 03-05-2014 10:20 AM

Just curious if the lights he's trying to install are a plus or minus for you?

BK911 03-05-2014 11:19 AM

No bank involved. Paid cash.
He did a good job on the lights. I really dont want to be a prick and cause tension for property I will probably never use. But... it is mine and I dont want to loose it.
I am going to wait until i see him outside and casually ask him where he thinks the property line is. If I knock on his door, it may appear to be a larger issue.
I have all the stamped surveys of my property and his property, plus i printed out the county drawings.
Hopefully this will be resolved by this weekend.

Kraftwerk 03-05-2014 09:22 PM

Let us know how it turns out.

Kind of off topic but aren't there are too many random lights everywhere shining all over the place to no great effect? Where my beach rental is, there is a house three property's over , the biggest and ugly-est house btw, with flood lights just pointing all over the place, it looks pretty bad.

pavulon 03-06-2014 12:43 AM

Quote:

Originally Posted by shifter (Post 7943502)
three pages and nobody has asked if the neighbor's wife is hot?

I am disappointed, you guys are slipping.

lurker!:)

stomachmonkey 03-06-2014 03:49 AM

I think I'd be more pissed that you let me finish the work before saying something than you knocking on my door.

YMMV

KFC911 03-06-2014 04:22 AM

Quote:

Originally Posted by BK911 (Post 7945654)
No bank involved. Paid cash.
He did a good job on the lights. I really dont want to be a prick and cause tension for property I will probably never use. But... it is mine and I dont want to loose it.
I am going to wait until i see him outside and casually ask him where he thinks the property line is. If I knock on his door, it may appear to be a larger issue.
I have all the stamped surveys of my property and his property, plus i printed out the county drawings.
Hopefully this will be resolved by this weekend.

What I'd do the next time I saw him outside (assuming you're OK with the lights being there, etc.).:

"Howdy neighbor!... I saw you working on the lights the other day and wanted to talk with you. Nice job btw...just one itty-bitty problem...I had to go double check my docs from two years ago when I bought this place, but they appear to be on my property. No problemo really....just wanted to let you know...."

See how he reacts and go from there. Probably just a property line "assumption" on his part (can't imagine otherwise). You might wind up being "long time, GOOD neighbors" a few decades from now after breaking the ice this way :D...good luck!

charlesbahn 03-06-2014 05:18 AM

I've fought this battle, and ultimately prevailed. But it is costly and time consuming.

Once you give up the rights to the land, even adverse use of the land, it is gone. You also have to consider who the next neighbor may be.

Might consider granting an easement. This way it never becomes adverse possession or use. Be sure it is in writing and done through legal counsel. It will be worth it later.

Good luck,

Charles

stomachmonkey 03-06-2014 05:28 AM

Quote:

Originally Posted by Kraftwerk (Post 7946598)
.......Where my beach rental is, there is a house three property's over , the biggest and ugly-est house btw, with flood lights just pointing all over the place, it looks pretty bad.

Hope that does not turn into this.

Happened a couple of properties down from a friend of mine.

In a Feud of the Rich, One Man Is Flush With Victory

Steve Carlton 03-06-2014 05:58 AM

Shoot first. Ask if you can have some popcorn later.

bpu699 03-06-2014 06:26 AM

Keep us posted. I agree, the neighbor probably doesn't know the land isn't his. Just talk to the guy, maybe a nonissue...

bell 03-06-2014 08:31 AM

I like the easement/lease option. .... Say $1/year for 10 years. ......
Should be a no brainer.....
If he is hostile/a dick...... Go legal on his ass lol

GH85Carrera 03-06-2014 09:11 AM

Quote:

Originally Posted by bell (Post 7947235)
I like the easement/lease option. .... Say $1/year for 10 years. ......
Should be a no brainer.....
If he is hostile/a dick...... Go legal on his ass lol

That makes sense. A cheap lease leaves no doubt in his mind it is not his land and you retain unquestioned ownership. He will know he can't build a permanent structure or fence on it. Who will maintain that chunk property? Will he mow it and pick up leaves and trash?

RWebb 03-06-2014 11:52 AM

The liability issue that someone mentioned above is the biggie. That's why he needs a local, in-state lawyer. If in a city, maybe an in-city lawyer too.

vonsmog 03-11-2014 09:08 AM

So what happened??

BK911 03-11-2014 02:52 PM

Pretty uneventful.
He knew where the line was.
Asked me if I wanted him to take down the lights.
I told him I liked them but didnt want to lose my land to adverse pocession.
"To wut?"
Uhh... nothing.
Pretty awkward after that.
Tried to talk but it was like pulling teeth.
Pretty sure I wony get a xmas card!

scottbombedout 03-11-2014 02:55 PM

Quote:

Originally Posted by BK911 (Post 7956669)
Pretty uneventful.
He knew where the line was.
Asked me if I wanted him to take down the lights.
I told him I liked them but didnt want to lose my land to adverse pocession.
"To wut?"
Uhh... nothing.
Pretty awkward after that.
Tried to talk but it was like pulling teeth.
Pretty sure I wony get a xmas card!

So are they coming down though?

wildthing 03-11-2014 03:10 PM

I might just be paranoid or cynical but he may be faking it. If he knows the line, why did he encroach on it in the first place? The lease thing might make sense. Or just have it taken down.

stomachmonkey 03-11-2014 03:17 PM

I'd not be happy with the current state of affairs.

The guy knew it was your property but felt he could just go and use it?

My gut tells me this is not the end of your troubles.

porsche4life 03-11-2014 03:28 PM

Sounds like it's time to get him to take those lights down, get the survey double checked, and build a fence!

herr_oberst 03-11-2014 03:36 PM

Quote:

Originally Posted by porsche4life (Post 7956720)
Sounds like it's time to get him to take those lights down, get the survey double checked, and build a fence!

Or, just get that survey and install the fence. He'll come over and ask for his lights back....

Lusso1 03-11-2014 04:13 PM

You need to be able to prove you knew he was using your property. Send that letter with proof of delivery. I would also require him to pay you a dollar or something.


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