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Over the Line (Real Estate & Property Law)

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• Sat, 19 Jun 2004 16:12:00 GMT(1)
• "Well, I don't see why they have the right to have their on your property. It isn't like you allowed them to put it there. That's what I do if a kid leaves his ball on my property after 24 hours I pop it and throw it in the street."
  Geez! That's rather wasteful and vindictive. What do I care if a ball belonging to my neighbor's kid sits on my lawn for a couple of days? Why would I want to DELIBERATELY be hurtful to some little kid? Bragging about busting a kid's toy seems rather odd. Do you break the heads off dolls, too?
  This example has NOTHING to do with allowing an encroachment to remain unchallenged.
• Wed, 16 Jun 2004 14:32:00 GMT(2)
• I have no problem doing that, as long as it's legal. Is it? Do you know HomeGuru? These people are not nice so I'd take enjoyment out if it.
  Also, taking out part of the sprinkler system will render part of it inoperative. Need to consider that too.
• Thu, 17 Jun 2004 10:17:00 GMT(3)

• Quote:

  Originally Posted by Dan_in_CT

  I have no problem doing that, as long as it's legal. Is it? Do you know HomeGuru? These people are not nice so I'd take enjoyment out if it.
  Also, taking out part of the sprinkler system will render part of it inoperative. Need to consider that too.

  
  **A: just consider that any advice given by Lamebo83 is not to be considered advice at all.
• Mon, 21 Jun 2004 16:13:00 GMT(4)

• Quote:

  Originally Posted by Alska

  I am in Ohio
  I have a similar problem. A neighbor who had a good relationship with my mother made plans to replace a attached garage that had been removed by a previous owner. The orginial structure abutted the property line. My mother did not object because it had been there once before and she got along with the current owners. However they allowed the contractor to remove the end post of a three rail vinyl fence. It was not replaced and every time she props it back up to the rest of the fence is not damaged they take it down. The building is done by the way. They did not install gutters on the garage, so water falls on my mother's damaged flower beds. They did not offer to repair the destruction caused by the construction. They poured a cement drive that extends from the home to my mother's property line an is higher than her ground the entire length of her property on both sides of the garage. They ran a drainage tube under the driveway that is open on her side. During the winter when the water levels were up the sump pump was directed to the sidewalk area so my mother's walk was covered with ice. We contacted a lawyer who was successful in stopping the sump pump discharge. Currently the owners insist they have to put underground pipe on my mother's side of the line and run it through her garden to take care of their water. In trying to maintain their relationship my mother kept telling the contractor she didn't want her yard dug up at all. Once the building was done she kept telling the owners the same thing. I have decided to have the property surveyed again. Short of small claims court what choices do neighhboring owners have to prevent encroachment and maintain a neighborly relationship?

  **A: please start your own new thread.
• Wed, 16 Jun 2004 11:09:00 GMT(5)

• Quote:

  Originally Posted by Dan_in_CT

  Thanks for the reply, but I'm not sure that it answers my question. I do not want the driveway & sprinkler system on my property. I plan to landscape that area and both are in the way.
  Isn't an encroachment agreement basically a document that says its OK to leave your stuff on my property as long as XX conditions are met?
  **A: yes.
  **
  I need to know my rights and how to go about having the encroachment removed.

  **A: you need to send a demand letter to the neighbor and if they do not comply file a civil suit.
• Wed, 16 Jun 2004 12:43:00 GMT(6)
• Do I have any right to remove their stuff if they do nothing after the repair period expires?
  What if their sprinkler system gets damaged while I'm landscaping after the repair period has expired. Any liability there?
• Wed, 16 Jun 2004 10:42:00 GMT(7)

• Quote:

  Originally Posted by Dan_in_CT

  What is the name of your state? CT
  A little history: I had a house built in a new development about 3 years ago. The house next door was built at the same time. The people that bought the house next door had no idea where the property line was. I planted a hedge of trees 7' in from the line and they gave me grief about it. They thought I was planting on their property. About a year later the guy comes over and he says that he's having his driveway extended and wants to put it all the way up to my trees. I told him "I don't care what you do, as long as it stays on your side". Since they gave me problems about the trees I decided to put out a few small stakes along the property line near the driveway so there wouldn't be any confusion. The next day the stakes were out and in a pile in my trees. A few days later the paving guys come during the day and start ripping out my grass. My wife goes over and tells them that theyre over the property line and they said they are just doing what they are told. I come home from work and my wife and I are standing out on our grass, assessing how far over onto our property the new driveway extension was and the woman comes out screaming. Accusing us of being anal, jerks, making comments about our kids, and more. Big fight.
  A few days later we invited them over to calmly discuss the issue. The woman lasted about 2 minutes before storming out of our house. Apparently the people dont even have a plot plan, and thought that the property line was about 15' over toward my side. I gave the guy a copy of my plot plan.
  Throughout the following year the guy installed a sprinkler system along the outer part of his driveway, further encroaching onto my property and watering my grass. He also contined to mow about 10' onto my side. Not a big deal but irritating to me.
  I decided to do some landscaping in that area and placed some rocks out to mark where I wanted to make a flower bed. The next day the rocks were gone. I placed out bigger and heavier rocks. The guy comes over yelling at me and my wife about the rocks and how he can't mow. I told him I didnt want to talk to him and he went home.
  This was about 3 weeks ago. This week I had a surveyor come and put in 5 metal pins into the ground. The next door neighbor's driveway is about 18" onto my property, and the sprinkler system goes around that and further into my property.
  What do I need to do to get them to remove their driveway and sprinkler system? What if they do nothing about it? Can I rip it out if they were duly notified and did nothing about it?
  Sorry for the long read but I wanted to show that they are not cooperative and are playing dumb about the line.

  **A: the simplest is an encroachment agreement.
• Wed, 16 Jun 2004 11:04:00 GMT(8)
• Thanks for the reply, but I'm not sure that it answers my question. I do not want the driveway & sprinkler system on my property. I plan to landscape that area and both are in the way.
  Isn't an encroachment agreement basically a document that says its OK to leave your stuff on my property as long as XX conditions are met?
  I need to know my rights and how to go about having the encroachment removed.
• Wed, 16 Jun 2004 11:59:00 GMT(9)

• Quote:

  Originally Posted by Dan_in_CT

  Thank you, that's kind of what I figured. Is there a general rule as to the amount of time given for them to comply? 30 days?

  **A: 30 days is too short, in general 60-90 days should be deemed reasonable. They can't just roll up the driveway and store it in their garage.
• Wed, 16 Jun 2004 14:19:00 GMT(10)
• Just rip out the part of their driveway that is on your property and anything else on your property. There's no reason to accomodate them.
• Wed, 16 Jun 2004 14:49:00 GMT(11)
• Well, I don't see why they have the right to have their on your property. It isn't like you allowed them to put it there. That's what I do if a kid leaves his ball on my property after 24 hours I pop it and throw it in the street.
• Wed, 16 Jun 2004 11:53:00 GMT(12)
• Thank you, that's kind of what I figured. Is there a general rule as to the amount of time given for them to comply? 30 days?
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