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Sun May 26, 2019, 10:54 AM

Little Pink Houses

This discussion thread was locked as off-topic by Omaha Steve (a host of the General Discussion forum).

Just to put this out there for ideas ??
in 1979 we build our house,from ground up,,,new plat,have survey & pictures of progress,
the house next door has been with 2 previous owners,till the ones now been there 22 years,have put up a 3 foot fence on side of my property going down to back yard side of their garage.
they refuse to move it,so should we sue for return of my right full lot,we think we should,other people that we now in our area that have been here since day one,,,also think so,,,,just really pissed now,,,this just happened

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Replies to this discussion thread
Arrow 32 replies Author Time Post
Reply Little Pink Houses (Original post)
musicman65 May 2019 OP
Phoenix61 May 2019 #1
Dennis Donovan May 2019 #2
Lars39 May 2019 #3
musicman65 May 2019 #4
cwydro May 2019 #23
Hortensis May 2019 #5
musicman65 May 2019 #7
Hortensis May 2019 #12
jcgoldie May 2019 #6
musicman65 May 2019 #9
Bayard May 2019 #8
musicman65 May 2019 #10
musicman65 May 2019 #11
CanonRay May 2019 #13
musicman65 May 2019 #14
TheBlackAdder May 2019 #17
musicman65 May 2019 #20
TheBlackAdder May 2019 #21
musicman65 May 2019 #29
TheBlackAdder May 2019 #30
musicman65 May 2019 #15
MissB May 2019 #16
musicman65 May 2019 #18
musicman65 May 2019 #19
ooky May 2019 #22
TheBlackAdder May 2019 #26
ooky May 2019 #27
NotASurfer May 2019 #24
TheBlackAdder May 2019 #25
NotASurfer May 2019 #31
musicman65 May 2019 #28
Omaha Steve May 2019 #32

Response to musicman65 (Original post)

Sun May 26, 2019, 10:56 AM

1. Not sure how it works on your state but...

If you let it slide it could be harder to correct in the future.

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Response to musicman65 (Original post)

Sun May 26, 2019, 10:56 AM

2. If it's on your property, and you oppose it, I think you have a right to gripe about it. n/t

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Response to musicman65 (Original post)

Sun May 26, 2019, 10:57 AM

3. Have it surveyed.

Take it down.

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Response to musicman65 (Original post)

Sun May 26, 2019, 11:01 AM

4. We have

our survey,from 1979 spoke with company still in business,new one not needed,they did the whole plat,,,kinda' hard to explain,,but appreciate input we hate to sue,,,but no further talk is allowed since they now personal protection order against me and put up security cameras,,,thinking we would damage the fence,,,,,ya' right,,,,I'am too pretty for jail,,,ha /ha

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Response to musicman65 (Reply #4)

Sun May 26, 2019, 12:09 PM

23. Why did they get a personal protection order?

Did you threaten them?

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Response to musicman65 (Original post)

Sun May 26, 2019, 11:01 AM

5. How long has it been there?

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Response to Hortensis (Reply #5)

Sun May 26, 2019, 11:08 AM

7. Three weeks

after them living next door over 20 years,,,,they are raving mad

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Response to musicman65 (Reply #7)

Sun May 26, 2019, 11:19 AM

12. I don't understand the situation if your local government

won't act. Normally speaking, enforcing codes is part of what you pay taxes for.

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Response to musicman65 (Original post)

Sun May 26, 2019, 11:03 AM

6. You could probably get the village involved depending on your local ordinances

Before I moved back to the farm because I couldn't stand such neighbor issues, I lived in a subdivision. I put up a very nice wooden privacy fence around the backyard, but I screwed up and put the finished side inside. They didn't look much different just that you could see the 4x4 posts and 2x4 cross braces from the outside. I didn't even think there was such an ordinance, but the neighbor on one side complained and the village gave me notice I had 30 days to fix it or face fines. I hade to take it all down and move the boards to the other side of the posts. I'm guessing if his fence is on your property you can contact someone at the village office of building and zoning.

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Response to jcgoldie (Reply #6)

Sun May 26, 2019, 11:11 AM

9. Our city

in Wyoming,mi. says their hands are tide since they see no violation,,,so city says to sue i guess,,,,what a mess,,,just minding my own business for 39 years

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Response to musicman65 (Original post)

Sun May 26, 2019, 11:10 AM

8. Been there, done that

Spent 8 vicious years in court.

If its on the legally and recorded surveyed boundary line, both parties have to agree to it being there (at least in CA). If its on your side, you can take it down, or get a court order for them to do it. If its an inch over on their side, nothing you can do about it.

Talk to a lawyer that knows real estate law there.

They've been your neighbors for 22 years? Have you gotten along otherwise? Something had to precipitate this. Did they get a new dog, or grandkid?

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Response to Bayard (Reply #8)

Sun May 26, 2019, 11:13 AM

10. No new anything

except they are loosing their minds,,,they are 82 years with a bunch of redneck grown kids,that carry guns,,,oh my !!

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Response to Bayard (Reply #8)

Sun May 26, 2019, 11:17 AM

11. Every thing has been ok

up until just of recent weeks,,,,they are going nuts,,,spoke with my lawyer,,,says we can sue i guess on our own without legal represent this is a 3 foot tall pvc type picket fence,,,,oh lord help me,make them go and meet jesus,already

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Response to musicman65 (Original post)

Sun May 26, 2019, 11:25 AM

13. In most states, if you let it stand, you have essentially moved the property line.

It is called "adverse possession".

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Response to CanonRay (Reply #13)

Sun May 26, 2019, 11:28 AM

14. Good Advice

in Michigan,the laws are hard to understand,,,all we know is our yard is ours since day one with survey proof,and progress pictures for day one

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Response to CanonRay (Reply #13)

Sun May 26, 2019, 11:44 AM

17. Not in NJ, which I had thought. Just because you don't complain doesn't mean they can own it. UPDATE

.

When you go and sell your house, the new owners will take it back, as a new survey will be performed.

Check with your state laws about that, because if it does not apply and you are not using the property, why spend the thousands of dollars in survey and legal expenses and get into a hostile property dispute with your neighbors. After all, they might be looking to get into an argument. We had a similar thing, and when we got into court, they wanted to arbitrate the matter to come to a negotiated mutual agreement. WTF? Anywho, that guy died 5 years later and that ended that bullshit.

======

Correction: In NJ, it takes 30 years for adverse possession, which would not apply to us. Here's a link from NOLO:

https://www.nolo.com/legal-encyclopedia/state-state-rules-adverse-possession.html

.

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Response to TheBlackAdder (Reply #17)

Sun May 26, 2019, 11:50 AM

20. Love your Reply

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Response to CanonRay (Reply #13)

Sun May 26, 2019, 11:53 AM

21. Oh, to circumvent adverse possession risks, I sent my new neighbors a certified letter granting use.

.

In it, I state that I am temporarily allowing them to use the property. This way, property use is not hostile.

Adverse possession requires a hostile, no permission, use of the land.


===


Having moved to a new home, the existing next door neighbor constructed a stone paver wall that encroached on my property by three feet, as their kitchen door is too close to the property line. I now live in a development and there is perhaps 20 feet between our two buildings, so three feet is a lot. I verbally notified them and they moved it back two feet, but it is still slightly over the property line. They asked if it could remain that way, to allow them to easily move out of the house and I gave approval to leave it that way, until the house is sold. They sold the home a couple of years ago and I advised the new neighbors too.

.

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Response to TheBlackAdder (Reply #21)

Sun May 26, 2019, 12:33 PM

29. Of me having my survey

and old pix,that alone,,,should be enough to prevail,,,aside from statements of others that helped put in lawn,back then.,,,Oh My

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Response to musicman65 (Reply #29)

Sun May 26, 2019, 12:35 PM

30. We had to use a recent survey when we went to court. The marker accuracy surveyors use change.

.

The rural road we were on was so completed screwed up, that the surveyors struggled to get something close.

.

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Response to musicman65 (Original post)

Sun May 26, 2019, 11:35 AM

15. Adverse Possession

in our state is 15 years,,,,soooooooo this land is my land with or without survey,,,so they should take down the fence,,,,,will seeeeeeeeee they had fence 3 weeks,,,we had house 39 years.
Just wan't to be left alone to enjoy being retired.

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Response to musicman65 (Original post)

Sun May 26, 2019, 11:40 AM

16. Pay for a lawyer.

Perhaps the lawyer can write them a letter noting that they built the fence on your property per your surveyed plat drawings and youíll have to sue if it isnít removed within 30 days.

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Response to musicman65 (Original post)

Sun May 26, 2019, 11:46 AM

18. Been there,Done that

My guy,said not necessary,for him just give verbal demand,and if not taken down see ya' in da' court,,i guess

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Response to musicman65 (Original post)

Sun May 26, 2019, 11:48 AM

19. Really Appreciate

All the sound advise,,,,,pray for my sanity

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Response to musicman65 (Original post)

Sun May 26, 2019, 12:05 PM

22. Sounds like the kind of neighbor who would motivate me to

build a taller fence on my side so I don't have to look at them.

But in all seriousness if their fence is encroaching your land you should get a lawyer who can help you get a court order to remove it. I would also try to get court and attorney costs from them in that case.

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Response to ooky (Reply #22)

Sun May 26, 2019, 12:13 PM

26. Or you could go completely rogue and point infrasonic 3Hz-20Hz speakers towards their direction.

.

Ultra low level sounds make people uneasy and feel ill. They won't know why and won't be able to hear it.

They'll just feel sick whenever they are in their house.

It's called Low Frequency Intrusion, anything under 20Hz. http://www.lowfrequencyintrusion.com/?p=about

.

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Response to TheBlackAdder (Reply #26)

Sun May 26, 2019, 12:17 PM

27. And along that line of thought, they make some outdoor LED lighting fixtures

these days that, when pointed strategically, are blinding to look into, and can light up their back yard like daytime.

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Response to musicman65 (Original post)

Sun May 26, 2019, 12:11 PM

24. Are they churchgoers?

You might ask their designated services leader (aiming to be denomination neutral there) if he or she would be willing to act as a mediator. That person could speak with authority your neighbors might grudgingly acknowledge about the "thou shalt nots" going on here. If they're that close to meeting their maker, they might realize how close they are to having to explain themselves in person

May or may not agree to try to mediate, neighbors may or may not be willing to meet, may or may not work. But the effort would weigh in on your side of the scale if the legal system is eventually engaged, showing you tried to resolve the problem as neighbors before going to court

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Response to NotASurfer (Reply #24)

Sun May 26, 2019, 12:12 PM

25. To answer that question, just ask if they are sanctimonious assholes.

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Response to TheBlackAdder (Reply #25)

Sun May 26, 2019, 12:51 PM

31. Any tool in the toolbox

If it gets the job done

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Response to musicman65 (Original post)

Sun May 26, 2019, 12:29 PM

28. At this point

the only way to resolve this is to let them see how court works and open their pocket books to me $$$
wishing a different outcome,,,however these folks and family are brain dead

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Response to musicman65 (Original post)

Sun May 26, 2019, 08:40 PM

32. After a review by forum hosts...locking.

Does not meet the SoP. Can be posted in the Lounge.

Statement of Purpose
Discuss politics, issues, and current events. Posts about Israel/Palestine, religion, guns, showbiz, or sports are restricted in this forum.

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