Re: Encroachment issue/property line
[Re: varunner]
#2899531
03/15/21 10:31 PM
03/15/21 10:31 PM
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Joined: Feb 2003
Posts: 10,297 Someplace you aren't
SomeCarGuy
I Live Here
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I Live Here
Joined: Feb 2003
Posts: 10,297
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
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Re: Encroachment issue/property line
[Re: varunner]
#2899548
03/16/21 12:15 AM
03/16/21 12:15 AM
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Joined: Jan 2003
Posts: 31,203 Oregon
AndyF
I Win
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I Win
Joined: Jan 2003
Posts: 31,203
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.
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Re: Encroachment issue/property line
[Re: varunner]
#2899580
03/16/21 07:57 AM
03/16/21 07:57 AM
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Joined: Jan 2003
Posts: 2,341 Addison Twp, Mi.
RobG
top fuel
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top fuel
Joined: Jan 2003
Posts: 2,341
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....
I am not rich...but I get off my ass everyday to make sure I am not broke!
Can we get the Mexican cartels to help us with our supply chain issues? They don't seem to have any trouble getting stuff from one place to another.
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Re: Encroachment issue/property line
[Re: AndyF]
#2899766
03/16/21 04:33 PM
03/16/21 04:33 PM
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Joined: Jun 2012
Posts: 1,902 MYRTLE BEACH SOUTH CAROLINA
ek3
top fuel
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top fuel
Joined: Jun 2012
Posts: 1,902
MYRTLE BEACH SOUTH CAROLINA
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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. ------ 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.
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Re: Encroachment issue/property line
[Re: roadrunninMark]
#2899849
03/16/21 08:14 PM
03/16/21 08:14 PM
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Joined: Jan 2003
Posts: 10,938 North Dakota
6PakBee
I Live Here
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I Live Here
Joined: Jan 2003
Posts: 10,938
North Dakota
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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. 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.
"We live in a time when intelligent people are being silenced so that stupid people won't be offended".
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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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Joined: Dec 2006
Posts: 2,136 Byron, NY
W.I.N. Racing
top fuel
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top fuel
Joined: Dec 2006
Posts: 2,136
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.
'01 P1500, Blown/Inj BAE,/Veney ,Bruno/CS2,Dana 60 '01 Dodge 3500 S Cummins Auto, Fresh air kit, 4" Exhaust, '05 Dodge Magnum R/T - Too Much to list '60 Willys CJ5 '01 International LPX - Project,DT466, Allison '64 Plymouth Valiant, Inj 528 Hemi, 2spd
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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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Joined: Dec 2003
Posts: 23,289 Here
jcc
If you can't dazzle em with diamonds..
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If you can't dazzle em with diamonds..
Joined: Dec 2003
Posts: 23,289
Here
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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. 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.
" All sorts of things can happen when you are open to new Ideas" Inventor of Kevlar
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Re: Encroachment issue/property line
[Re: A39Coronet]
#2900152
03/17/21 05:37 PM
03/17/21 05:37 PM
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Joined: Jun 2006
Posts: 673 Virginia
varunner
OP
mopar
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OP
mopar
Joined: Jun 2006
Posts: 673
Virginia
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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. 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: ro23_j]
#2900168
03/17/21 06:30 PM
03/17/21 06:30 PM
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Joined: Mar 2006
Posts: 1,229 In The Hills
jughed
pro stock
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pro stock
Joined: Mar 2006
Posts: 1,229
In The Hills
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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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