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Neighbors, Borders and Property Markers!

Neighbors, Borders and Property Markers!

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  #1  
Old 12-06-17, 03:02 AM
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Neighbors, Borders and Property Markers!

Please refer to original post to get caught up. https://www.doityourself.com/forum/g...s-markers.html

Well the update is this! First off, they have had their home surveyed and pins and wood stakes were placed VERY close to the one that is gone in the front, verified the one in the back end of the property. A new one was added towards the front third, between our properties. I happen to know of a few more pins but am quite a bit weary of showing them where they are. In fear they may remove them. One in particular, there is one right on the edge of their driveway/pavement. Which is the reason of my concern they have an SUV and a new giant 250 dodge truck and they have been making a wide loop 3-5+ feet onto my lawn to avoid their side entrance stoop. Since this survey we have not talked much waiting to hear about their possible plans for a fence of sorts. Well nothing for 6 months?
The area for concern it not a part of my property that we frequent since itís at the far end however I really donít like the fact that driving a half a tire then afoot or two now itís well over three- to five feet loops well past the florescent stick thatís obvious. I must note that the previous owner put up a small gate perpendicular to the border with extensions and one of these extensions encroached well within our property by about 2-3 feet. And they were misinformed upon the sale of their home that the end of the gate was their property marker, thus giving the impression that they have 3 feet of lawn beyond the pavement. When in fact one of the pins in the ground is right on the edge of the pavement! (that they are unaware, One that I will reveal in time) Which in fact line up exactly where the new pins were placed?
Well after months of no conversation. I parked my truck up on the far end of my property close to their driveway well within my property lines up at the far end of the property, a section we just maintain but arenít overly concerned or use much. I also parked on my side of the existing gate (that is clearly on my land) just to be safe and not alarm them. It gave me room to do some leaf blowing etc. Well Holy Jeepers Batman! The $H!T hit the fan when she got home, came running over yelling my name saying how offensive it was to park near their driveway. I came running out thinking someone was chocking or bleeding or having a heart attack. First thing she said was I really do not appreciate you parking so close to us on our property. She goes on fretting concern that her two year old and one year old are going to climb all over the truck? (are you kidding me?) First thing I responded with a question ďDo you know where your property line is?Ē next with ďwhat have your learned from the survey?Ē What are your intentions? Her response was that the survey was incorrect! They are going to have another one done and asked to see my survey reports and my deed. HOLY JEEZE? Do you believe it?

I asked if she knew what happened to the old property marker. Her response was I think I hit something with the mower. I claimed the gate is not on your property. It was installed while I was on vacation. I stated that the pavement is the edge of your property. First thing out of her mouth, well why didnít you remove the fence when you got back? I said it didnít bother me and being a kind neighbor I decided not to stir up aggravation between neighbors. Then she starts pounding me with accusations that I have been slowly stealing property over the years as stated from the prior owner. Then she goes on that she was misinformed about the boundary and the gate was clearly on their property. I can see they are both in a serious denial and shocked about what they saw from the results of the survey! Along with what they were told from real estate agent and get this the inspector told them the gate was on their property. I suggested we could spend all our efforts debating the property line versus moving forward and consider a natural border with some nice 6 foot evergreens! And give us both some more privacy! Mentioning that I have been thinking about this solution for years! Well that was the only thing that calmed her down and she graciously apologized on several occasions for snapping at me. Well I am really looking forward in discussing this with her husband NOT! I will keep you posted.
 
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  #2  
Old 12-06-17, 03:44 AM
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I think at this point I woulkd go the strict legal route and provide proof of property lines. Then put up a fence on the property line. I like your idea of the tree line. But that will take time to mature and I'm betting they will sabotage it. I guess it all depends on Hubby's reaction. Keep us posted.
 
  #3  
Old 12-06-17, 08:51 AM
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I didn't read the other thread so not sure of all of the details, but your review was bad enough.
Question, can they make changes on their side to eliminate them driving onto your property?
Also, suggest that they go after the real estate agency, the home inspector, and the seller if they feel the property was misrepresented.
What are the rules for setback if you decide to install a fence, can you place it 6" to your side?

I tend to agree with Norm that you are going to need some legal advice, sooner rather than later. Important that any steps you take do not put you in the wrong.

Bud
 
  #4  
Old 12-06-17, 09:28 AM
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If I were you I would have a talk with an attorney, maybe several, well versed in real estate law and then if you feel comfortable with that person, put them on retainer. Then I would remove the gate/fence that is clearly on your property (you should have done this immediately after its installation) and I might go so far as to setting the bigger wall blocks (about 75 pounds each) in strategic places along your property line.

When you put that attorney on retainer also pick up several of his/her business cards and anytime your neighbor complains hand them one of the cards and tell them to speak to your attorney.

As for the neighbor wanting to see your deed and survey...tell them to check the county records as that is where all deeds and surveys are recorded. You have no obligation to share anything with them.
 
  #5  
Old 12-06-17, 10:34 AM
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As for the neighbor wanting to see your deed and survey...tell them to check the county records as that is where all deeds and surveys are recorded. You have no obligation to share anything with them.
Every survey I've ever had done, the surveyor already had the info on my property and whatever surrounding properties that would come into play. Further more you [or or neighbor] can get a copy of most anyone's deed at the courthouse for a small fee.
 
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