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Re: Encroachment issue/property line [Re: varunner] #2899493
03/15/21 08:15 PM
03/15/21 08:15 PM
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SW Fla.
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Subdivision. Read the covenants. He also may not be able to construct a certain distance to the property line. If he is encroaching your property he has to fix it on his dime.

Re: Encroachment issue/property line [Re: CYACOP] #2899494
03/15/21 08:21 PM
03/15/21 08:21 PM
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Virginia
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varunner Offline OP
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Virginia
good point. Building restriction line. probably 10 or 20 ft.

Re: Encroachment issue/property line [Re: varunner] #2899498
03/15/21 08:28 PM
03/15/21 08:28 PM
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UPPER MICHIGAN, MARQUETTE COUN...
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Where would you be putting your road?

Re: Encroachment issue/property line [Re: NITROUSN] #2899502
03/15/21 08:36 PM
03/15/21 08:36 PM
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Virginia
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varunner Offline OP
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Our driveway is already installed on the other side of the lot

Re: Encroachment issue/property line [Re: varunner] #2899531
03/15/21 10:31 PM
03/15/21 10:31 PM
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Someplace you aren't
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No way in a subdivision like that that he doesn’t have his own access to the street. You wouldn’t have a neighbor easement issue in a place like that.


I want my fair share
Re: Encroachment issue/property line [Re: varunner] #2899548
03/16/21 12:15 AM
03/16/21 12:15 AM
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Oregon
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Moving a marker pin isn't normal so I'd focus on that. That map you have seems pretty clear so double check to make sure that it is the "official" map that was filed with the city or county when the subdivision was approved. There should be a surveyor name on the map and the developer who laid out the subdivision should know where everything is supposed to be. Subdivisions are laid out by engineering firms who keep records and everything is filed with the city or state. Everything is permitted and filed and checked off when a subdivision is put in so there will be plenty of records. All you are going to need to do is follow the paper trail on where the pins should be and where the driveways should be.

A lawyer could be useless unless he knows something about subdivisions. If it was me I'd start with the developer who laid out all of the lots and see how they wanted things done. That is the plan that everyone should be following. Moving pins and changing land boundaries isn't allowed unless the proper paperwork is filled out.

And in a case like this it is always best to assume that it was an honest mistake. Give the guy plenty of room to fix his mistake, especially if the map is clear. I wouldn't get a lawyer involved up front, just get the pin moved back to where it should be and go from there.

Last edited by AndyF; 03/16/21 12:18 AM.
Re: Encroachment issue/property line [Re: AndyF] #2899554
03/16/21 12:55 AM
03/16/21 12:55 AM
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Fresno, CA
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Drainfield Area??? Is this an area that cannot be built on? If so, the neighbor has a lot with very little real access, but then again so do you. Property line should be followed, though. You might give a guy a foot mistake, but 19' is on purpose...

Re: Encroachment issue/property line [Re: varunner] #2899580
03/16/21 07:57 AM
03/16/21 07:57 AM
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Addison Twp, Mi.
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First, call and report this to the building department and ask them to investigate/pull his permit.

Measure the length of the property bounty from the other corner and paint a line where the marker should be located.

The building officials will have a lot to say....


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Re: Encroachment issue/property line [Re: RobG] #2899643
03/16/21 11:32 AM
03/16/21 11:32 AM
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Posts: 4,131
Canada -- Posts: 4034 -Registe...
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If the city/town won't do anything go higher up or get a lawyer involved to push them. The contractor shouldn't have moved the marker. Maybe there's more going on then you know.

Re: Encroachment issue/property line [Re: 5thAve] #2899677
03/16/21 01:08 PM
03/16/21 01:08 PM
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Virginia
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varunner Offline OP
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Virginia
I have someone from the county environmental office going over there to check it out and talk to the owner. We've also typed up a certified letter stating our concerns and have CC'd our lawyer. Also should have a surveyor there, hopefully this week. I'll update as it evolves. thanks

Brian

Re: Encroachment issue/property line [Re: AndyF] #2899766
03/16/21 04:33 PM
03/16/21 04:33 PM
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MYRTLE BEACH SOUTH CAROLINA
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Originally Posted by AndyF
Moving a marker pin isn't normal so I'd focus on that. That map you have seems pretty clear so double check to make sure that it is the "official" map that was filed with the city or county when the subdivision was approved. There should be a surveyor name on the map and the developer who laid out the subdivision should know where everything is supposed to be. Subdivisions are laid out by engineering firms who keep records and everything is filed with the city or state. Everything is permitted and filed and checked off when a subdivision is put in so there will be plenty of records. All you are going to need to do is follow the paper trail on where the pins should be and where the driveways should be.

A lawyer could be useless unless he knows something about subdivisions. If it was me I'd start with the developer who laid out all of the lots and see how they wanted things done. That is the plan that everyone should be following. Moving pins and changing land boundaries isn't allowed unless the proper paperwork is filled out.

And in a case like this it is always best to assume that it was an honest mistake. Give the guy plenty of room to fix his mistake, especially if the map is clear. I wouldn't get a lawyer involved up front, just get the pin moved back to where it should be and go from there.
------ this is easy. have it checked/ surveyed and then whats yours is yours. you can legally notice them to keep out and the police can enforce it. this is not hard to do. its private property and they dont own it..........

Last edited by ek3; 03/16/21 04:34 PM.
Re: Encroachment issue/property line [Re: ek3] #2899839
03/16/21 07:59 PM
03/16/21 07:59 PM
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GA
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If the guy is being a PITA, let him build it then have zoning show up and make him remove it. Nothing hurts more like hitting him where it counts.

Re: Encroachment issue/property line [Re: roadrunninMark] #2899849
03/16/21 08:14 PM
03/16/21 08:14 PM
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Posts: 10,666
North Dakota
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Originally Posted by roadrunninMark
If the guy is being a PITA, let him build it then have zoning show up and make him remove it. Nothing hurts more like hitting him where it counts.


I'd be hesitant to go this route. All the building official has to ask is how you became aware of the problem and when the answer is "we knew before he started but we didn't stop him until now", that isn't going to go well.


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Re: Encroachment issue/property line [Re: 6PakBee] #2899872
03/16/21 09:17 PM
03/16/21 09:17 PM
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Posts: 2,094
Byron, NY
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What he is doing is theft... plain and simple. take your survey map/Deed to the local Zoning clerk and make a formal complaint.


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Re: Encroachment issue/property line [Re: 6PakBee] #2899926
03/16/21 11:56 PM
03/16/21 11:56 PM
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Posts: 22,695
Bitopia
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Originally Posted by 6PakBee
Originally Posted by roadrunninMark
If the guy is being a PITA, let him build it then have zoning show up and make him remove it. Nothing hurts more like hitting him where it counts.


I'd be hesitant to go this route. All the building official has to ask is how you became aware of the problem and when the answer is "we knew before he started but we didn't stop him until now", that isn't going to go well.


Which really drives home the seldom mentioned point here. "time is of the essence", and its not on the OP's side.


Reality check, that half the population is smarter then 50% of the people and it's a constantly contested fact.
Re: Encroachment issue/property line [Re: jcc] #2899979
03/17/21 09:01 AM
03/17/21 09:01 AM
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Posts: 660
Virginia
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varunner Offline OP
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Virginia
Made some major progress yesterday. I went to the county offices to find someone to get involved. First building inspection, the head guy wasn't there, so headed to the zoning office. They listened to me, made a copy of the plat and said nothing we can(won't) do. They recommended I go to the environmental enforcement office. These are basically the 3 offices that you deal with getting permits to build a house. I talked to the guy who I've already spoken with who deals with the land disturbance permit. He's a former surveyor and knows the contractor. Seems like a standup guy. He went over there and checked several pin locations and basically agreed with what I've saying that somethings going on here. He's getting the contractor to re-survey the lines and will move the new culvert if necessary.. Also will get any equipment moved off our lot asap. We'll see how it pans out. They will also get our certified letter today. So there're getting it from 2 directions. The contractor nor the technician from the environmental office are straight up saying the pin has been moved. And I'm not shocked about that since it's a crime. As long as we get what we want, all good. The deal is here is that the county still has an open permit for this lot, so they have leverage. Leverage that I don't have, until the lawyer starts on them. We'll see.

Re: Encroachment issue/property line [Re: varunner] #2900057
03/17/21 01:07 PM
03/17/21 01:07 PM
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Bitopia
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That looks like good progress, except I would like have the scoundrel that intentionally moved the iron rod held accountable, just on principles, and it be mark on his professional reputation, but then, I'm not the average person? grin


Reality check, that half the population is smarter then 50% of the people and it's a constantly contested fact.
Re: Encroachment issue/property line [Re: varunner] #2900068
03/17/21 01:27 PM
03/17/21 01:27 PM
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We had our 2 acre lot surveyed and they found every pin and marked them with a wooden stake. Next day three of the stakes were throw in the street from a neighbor who wasn't thrilled about where they were. I paid to have the three pins relocated, then cut down every single tree along that 300" stretch. Told him to try and move that.

Hope it works out, neighbor sounds like a real peach.


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Re: Encroachment issue/property line [Re: A39Coronet] #2900152
03/17/21 05:37 PM
03/17/21 05:37 PM
Joined: Jun 2006
Posts: 660
Virginia
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varunner Offline OP
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Virginia
Good one. it would many years to erase that line.

The neighbor is a modular home installer and has put many homes in our county. The home in question is a couple weeks from completion and I'm sure it's already sold. So they are 100% off our property, But the newly installed culvert is in front of our lot by about 10 ft. No ones lot includes the ditch that the culvert is in. I'm in process figuring out who owns the ground the culvert is installed. It will removed one way or another, but I need to do it before they close on the sale so this issue doesn't fall onto the new homeowner.

Originally Posted by A39Coronet
We had our 2 acre lot surveyed and they found every pin and marked them with a wooden stake. Next day three of the stakes were throw in the street from a neighbor who wasn't thrilled about where they were. I paid to have the three pins relocated, then cut down every single tree along that 300" stretch. Told him to try and move that.

Hope it works out, neighbor sounds like a real peach.

Re: Encroachment issue/property line [Re: ro23_j] #2900168
03/17/21 06:30 PM
03/17/21 06:30 PM
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In The Hills
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Originally Posted by ro23_j
Go to your county's website and find the GIS (geographic information system) link. Many counties have your property lines mapped and you can see them overlaid on maps.You may be able to see your property and the state/county right of ways. There is a lot of information that is public record that you can find by doing some research.


Great idea. Check the county website

I had a 48x36 pole barn/garage built...a neighbor who (lives across street) didn't want it to be built because it would block the scenic view of nearby woods would surely have waited for me to build and then raise hell (another great idea IF you are right about lot lines). I used the County GIS 'parcel viewer' to verify the property lines. A county employee told the builder that the lines shown on the viewer are accurate to within 2 feet. Didn't hurt that the next door neighbor was the local property tax collector. She knew the property lines very well.



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