# Another Encroachment Issue



## CINNAMON (Feb 25, 2009)

I have a neighbor that built a garage with out a building permit the garage is on the property line and the roof eves are over on our side, there is a 15 foot set back for the parcels here, The county has refused to do anything to this date as I am still trying to get them to ackknowledge that all improvements have been constructed with out permits,, new roof, new deck, siding on home, driveway,screen porch and this garage issue.
Home owner states garage has been there since 1965 when there was a recording of a garage but it was on the other side of said property.  our surveys show no encroachment in 1996 but shows now in the 2008 survey.

I only found out about the encroachment because of a stalker/peeping tom and I was going to put up a fence to stop the man, well from there it has become a nightmare.

what I find a shame is the people we pay to protect us fail to help and go the extra mile to help the criminals.


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## TUGBrian (Feb 25, 2009)

when is your next city/town council meeting?  id be sure to attend with pictures.  also it would be in your best interest to play the "innocent unknowing victim" vs attacking the council for their previous lack of effort, in politics you catch far more flies with honey!


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## TUGBrian (Feb 25, 2009)

just so im clear, the garage just got built?  or has been there for awahile?


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## Jimster (Feb 25, 2009)

*encroachment*

These issues vary from state to state and locality to locality.  If it is truly an encroachment, consult your title insurance company.  If worse comes to worse, you may have an action to "Quiet Title."


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## calgarygary (Feb 25, 2009)

Was your neighbour the tom?  Otherwise, I fail to understand how a city's enforcement of bylaws, permits, etc. is protecting the criminals.


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## Patri (Feb 25, 2009)

In our area, one builder had to tear off a garage  because it violated the setback. Sometimes they get waivers if it is minimal. If the neighbor had a permit, the county could have tracked the location thru its inspections.
Go after justice. The neighbor must have known where the property line was, or how does he explain it didn't go over.....


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## JeffW (Feb 25, 2009)

CINNAMON said:


> ...  our surveys show no encroachment in 1996 but shows now in the 2008 survey..



I'd like to hear the explanation for this.  Playing devil's advocate, I'd be upset if I used your own (1996) survey to determine where I put a structure, then have you come back 12 years later and say, "Oops, it's different."  I don't know how to handle that.

I'm not sure I'd go after the neighbor for the "~one foot over the property line" issue, as that could get nasty.  It would be easier to have the city/township enforce the setback requirement, since that's completely in violation.  If they decide not to pursue it, it puts you in an awkward situation.

Jeff


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## Bill4728 (Feb 25, 2009)

CINNAMON said:


> I only found out about the encroachment because of a stalker/peeping tom and I was going to put up a fence to stop the man, well from there it has become a nightmare.



I'd put up the fence right on the property line. As far as the roof eves,I'd forget about it.


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## wackymother (Feb 25, 2009)

I'm confused by the sequence of events here. Did you move into your home fairly recently? 

You have a 1996 survey of your property that shows no garage there? And then you bought your home in 2008 and got a new survey, and that one shows the garage? And the neighbor is saying that garage has been there since 1965? 

Do the property lines on the two surveys agree? 

And how does the fence figure into it?


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## JeffW (Feb 25, 2009)

Bill4728 said:


> I'd put up the fence right on the property line...



I'm not sure I'd recommend that.  Unless it's visually unappearing, or just awkward to do, I think putting it on your property, slightly inside the property line, is best.  That way if there's ever a discrepency in the future, _not _in your favor, you'll have a buffer that hopefully will keep the fence on your property.  That reduces the chances that a future survey will find the fence on the neighbor's property, with them wanting you to remove it.

Jeff


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## Jimster (Feb 25, 2009)

*encroachment*

The first thing you have to do is send a registered letter to your neighbor telling them to remove the encroachment.


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## pjrose (Feb 26, 2009)

Do you have pictures?  If not, you might want to go to Google earth, Yahoo maps, and any other satellite sites and immediately get copies of the photos.  There's another one that was mentioned on TUG a few months back in a thread related to house values.  You might be able to get pictures showing the previous garage without the encroachment.  Not sure if these sites show the dates of the satellite pics.... 

And re the stalker/peeping Tom issue - ewwwww.  Was he in the new garage peeking over into your property?


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## Don (Feb 26, 2009)

TUGBrian said:


> when is your next city/town council meeting?  id be sure to attend with pictures.  also it would be in your best interest to play the "innocent unknowing victim" vs attacking the council for their previous lack of effort, in politics you catch far more flies with honey!


The Op needs to call the county Code Compliance department or its equivalent and the permitting department. The city council/county commissioners are not the people she needs to talk to at this time unless it is to tell them that these departments are not doing their jobs.  And approach it in the manner that an encroachment such as this could make it impossible to sell the home in the future.


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## CINNAMON (Feb 26, 2009)

*Another encroachment issue reply to all*

From the start:
I live in Florida the home I live in has been owed by our family since 1955. In 1996 we purchased the home from the estate and it required a survey to be done.

I noticed a peeping tom back in March 2008 and called law enforcement and was told when I see the person to call them, also was advised to have cameras installed and maybe a fence to stop who ever it was. I had the cameras installed and called our local zoning division to see if I needed a permit to put a fence up, I was advised no permit was needed and was told to call the building department for the boundry lines at that point I was told that something was over the property line. That is when I found out the neighbor built a garage and it is encroaching our property we had a survey done in 2008 and the garage walls are right on the property line and there is a 15 foot setback for a structure in this area.

I called back the zoning department and advised them of the structure and they told me I would have to find out if they had a permit, I went to the building department and found out they had no permit and walked it next door to the zoning department and was told someone would look into the matter, well the owners said the garage has been there since 1965 (they purchased their home in 1988) there was a garage on the property but it was on the other side and it was constructed of wood with a tin roof. the owners used that tax appraisal document tore down the structure and built the new garage on the oposite side of the property and did not get any permits.
aerial photos are great but there is some trees and the photos dating back to 1999 are not as good as the ones taken in 2005.
zoning stated since the garage was on their tax document they could not find any violation. the investigator never measured the structure, never looked at any of the other signs that would tell the garage is not 43 years old.



and yes it is the neighbor who is the peeping tom, I caught him in the trees and called the local police, as far as I know nothing was done and I was told to go to the court house and put a restraining order against him, I went and I would of had to give him all my information and I could not do that he continues to watch me and since our property is right next to theirs there is little I can do to stop him until he does something to me, pretty much I am a prisoner in my own home.

I appreciate all the info and hope this cleared the questions you all had.


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## CINNAMON (Feb 26, 2009)

calgarygary said:


> Was your neighbour the tom?  Otherwise, I fail to understand how a city's enforcement of bylaws, permits, etc. is protecting the criminals.



yes the neighbor is the peeping tom


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## CINNAMON (Feb 26, 2009)

TUGBrian said:


> just so im clear, the garage just got built?  or has been there for awahile?



the garage was built maybe in 2004 -2005 from what I can find out through google earth, tera server


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## CINNAMON (Feb 26, 2009)

JeffW said:


> I'd like to hear the explanation for this.  Playing devil's advocate, I'd be upset if I used your own (1996) survey to determine where I put a structure, then have you come back 12 years later and say, "Oops, it's different."  I don't know how to handle that.
> 
> I'm not sure I'd go after the neighbor for the "~one foot over the property line" issue, as that could get nasty.  It would be easier to have the city/township enforce the setback requirement, since that's completely in violation.  If they decide not to pursue it, it puts you in an awkward situation.
> 
> Jeff



we had a survey done in 1996 no encroachment then now the 2008 survey shows the neighbors garage is encroaching and still no help from county they still claim it was on the tax roll since 1965 disturbing for me since all the valid information they have is a tax roll from property appraisal office.


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## CINNAMON (Feb 26, 2009)

wackymother said:


> I'm confused by the sequence of events here. Did you move into your home fairly recently?
> 
> You have a 1996 survey of your property that shows no garage there? And then you bought your home in 2008 and got a new survey, and that one shows the garage? And the neighbor is saying that garage has been there since 1965?
> 
> ...


Our home has been in the family since 1955 we purchased the home from the estate in 1996 from the other two children at that time a survey was ordered and then we had another survey to verify the garage encroachment

neighbor is going by a property appraisal that states a garage was on their parcel since 1965 and yes their was a garage shed thing but it was on the other side of the property. See the property owners just left that on the taxes and constructed this garage and never said anything, not sure if that was a clever move or not on their part.


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## CINNAMON (Feb 26, 2009)

garage was maybe built in 2004 2005, from what I can tell from the terraserver, google sites.


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## wackymother (Feb 26, 2009)

Soooo...you've owned the house since 1996, but no one lives in it? Or were you renting it out? How did the neighbors construct a garage in 2004-2005 without anyone seeing them? 

Is this neighbor scary? He sounds pretty frightening, between the peeping-tom thing and the building activities without permits. So can you put a fence up now?


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## easyrider (Feb 26, 2009)

Bill4728 said:


> I'd put up the fence right on the property line. As far as the roof eves,I'd forget about it.



I agree. Try to accomplish what you can with out getting to many people involved. Should you get an attorney and go to court you will end up with a bill thats far more than costly than the fence.


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## DeniseM (Feb 26, 2009)

CINNAMON said:


> and yes it is the neighbor who is the peeping tom, I caught him in the trees and called the local police, as far as I know nothing was done and I was told to go to the court house and put a restraining order against him, I* went and I would of had to give him all my information and I could not do that * he continues to watch me and since our property is right next to theirs there is little I can do to stop him until he does something to me, pretty much I am a prisoner in my own home.



I noticed that you just registered yesterday - welcome to TUG!  Are you a timeshare owner?

I don't understand why don't you file charges against him and get a restraining order?  The police can't help you unless you help yourself.


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## JeffW (Feb 26, 2009)

Not sure if this will help, but you could write your tax board and state, "I've determined that a several year old garage has been constructed on my part of my property.  I want to make sure that none of it's value and subsequent tax liability is being levied against my house and account xxx-xxx."  Perhaps getting multiple municipal departments might help apply some pressure.


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## CINNAMON (Feb 26, 2009)

Yes I think I may need a good Attorney


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## CINNAMON (Feb 26, 2009)

DeniseM said:


> I noticed that you just registered yesterday - welcome to TUG!  Are you a timeshare owner?
> 
> I don't understand why don't you file charges against him and get a restraining order?  The police can't help you unless you help yourself.



Thank you for the welcome to your site, I am new at this but saw a post and signed up and poured my heart out.

And yes I am a timeshare owner BlueGreen corporation, I just pay the dues and other fee's associated with them-only have been to the orlando fountains once, awesome place I just do not have time to enjoy it. 

I went to the local police called them as soon as I saw the man in the woods, he was highly intoxicated, he moved very slow and stubbled when I yelled There is the stalker, When I saw it was the next door neighbor I was sick, how long has he been watching? I went to the court house and was going to file a restraining order I was handed the paper and saw all my information as to my full name, birthdate, DL, and I think ss # I asked the woman if I could just put my first name and she said no it all had to be filled out, I asked if the stalker/peeping tom was provided with this information and she said yes, I am not going to give him anything on me, I do not know him and do not want to know him, I just wanted to put up a fence but no I can not even go on that side of the property with out fear or us being challeged to a fight, police again were called and I was told that if I was caught tresspassing I would go to jail, all I can say at that point is ok and try my best not to go to that side of the property.
I am a person that I just assume stay to myself I do not talk with the neighbors I do not understand these people.
Whew.


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## Wonka (Feb 26, 2009)

CINNAMON said:


> Our home has been in the family since 1955 we purchased the home from the estate in 1996 from the other two children at that time a survey was ordered and then we had another survey to verify the garage encroachment
> 
> neighbor is going by a property appraisal that states a garage was on their parcel since 1965 and yes their was a garage shed thing but it was on the other side of the property. See the property owners just left that on the taxes and constructed this garage and never said anything, not sure if that was a clever move or not on their part.



I'm still confused.  

Are you indicating the neighbor's garage was built prior to your 1996 survey and you've just recently filed a complaint (or telephoned) the city/county in 2009?  If so, I would guess it's too late according to RE law, and you won't get much help from the city/county.  Why didn't your family make an issue out of it when it was being constructed?


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## CINNAMON (Feb 26, 2009)

Wonka said:


> I'm still confused.
> 
> Are you indicating the neighbor's garage was built prior to your 1996 survey and you've just recently filed a complaint (or telephoned) the city/county in 2009?  If so, I would guess it's too late according to RE law, and you won't get much help from the city/county.  Why didn't your family make an issue out of it when it was being constructed?



No the garage was built maybe late 2004 early part of 2005.

We did not know they were building a garage on our land. we found this out when I wanted to put the fence up, there is a heavy brush and trees that are between the property so I would not know or care what they were doing, I had no clue, I did see them building something but I minded my own bussiness not thinking that someone would be so stupid to build a structure with out a permit, but it was after the hurricane and now I find out that there was a lot of construction everywhere no one was getting a permit??
now they are investagating those issues but mine nope, go figure??


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## Wonka (Feb 26, 2009)

*Encroachment*

Cinnamon-

Here's a link to a description of the Florida laws pertaining to "encroachment" which seems to be the issue you're dealing with.  I'd suggest you consult with a Florida RE attorney to get something started quickly.  I do know the Florida laws on adverse possession is 7 years, but I'm not sure about encroachment.

http://edis.ifas.ufl.edu/FE107


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## CINNAMON (Feb 26, 2009)

Wonka said:


> Cinnamon-
> 
> Here's a link to a description of the Florida laws pertaining to "encroachment" which seems to be the issue you're dealing with.  I'd suggest you consult with a Florida RE attorney to get something started quickly.  I do know the Florida laws on adverse possession is 7 years, but I'm not sure about encroachment.
> 
> http://edis.ifas.ufl.edu/FE107



 THANK YOU


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## Jimster (Feb 27, 2009)

*7 years*

Generally adverse possesion is 21 years unless you have color of title.  It is only 7 years with color of title.  Obviously you should contact building and zoning, any city or county enforcement people BUT you need to call your title insurance people before  you contact an attorney.  Actually, he will probably contact them if you hire one, but you can do it first.  They are guaranteeing your title and what you describe may cloud that title.  BTW it is not his house that won't sell- its yours.  He might even get the title insurance company to insure over it.  You might too, but it is your title that is clouded.


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## wackymother (Feb 27, 2009)

CINNAMON said:


> I went to the local police called them as soon as I saw the man in the woods, he was highly intoxicated, he moved very slow and stubbled when I yelled There is the stalker, When I saw it was the next door neighbor I was sick, how long has he been watching? I went to the court house and was going to file a restraining order
> 
> I just wanted to put up a fence but no I can not even go on that side of the property with out fear or us being challeged to a fight, police again were called and I was told that if I was caught tresspassing I would go to jail, all I can say at that point is ok and try my best not to go to that side of the property.



I still don't get why you can't put up a fence. You have your survey. Do you mean you personally don't want to go on that side of the yard for fear of the neighbor? Where does trespassing enter into it? 

Why don't you hire a fence company to do the installation? If you tell the installers that you are having a dispute with the neighbor and that they should not talk to him or give him any information, they won't. Fencing contractors are totally used to this kind of thing.


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## JeffW (Feb 27, 2009)

Installing a fence with an unfriendly neighbor is already a risky situation.  Knowing (at least now) that the city/township isn't willing to back up the original poster, I think it definitely makes sense to err on the side of caution.


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## laura1957 (Feb 27, 2009)

CINNAMON said:


> Thank you for the welcome to your site, I am new at this but saw a post and signed up and poured my heart out.
> 
> And yes I am a timeshare owner BlueGreen corporation, I just pay the dues and other fee's associated with them-only have been to the orlando fountains once, awesome place I just do not have time to enjoy it.
> 
> ...




The neighbor would be given your full name, naturally - so that he knows who he has to "restrain" himself from - but I do not think that he would get your ss#.


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## CINNAMON (Mar 2, 2009)

attorney is now taking over the encroachment,  seems like the logical thing to do at this point to get the garage removed.


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## pjrose (Mar 2, 2009)

CINNAMON said:


> attorney is now taking over the encroachment,  seems like the logical thing to do at this point to get the garage removed.



If getting the garage removed doesn't work or if the whole thing becomes too much of a hassle, I have another idea.

Get a survey done, and stakes put up to mark the property line.  Tell the surveyer about the problem with the neighbor; surveyers are also used to dealing with this kind of thing.  Then once you have clearly marked the property lines, put up your fence INSIDE of your property line, not right on it.  Ok, you'll lose a few feet - but you'll have your fence without the threats of tresspassing and so forth.  If you need a building permit for the fence, be sure that it says on it that the fence is being erected XXX feet to the west (or whatever) of the property line, so that in the future there won't be some claim that the fence marks the actual property line.


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## Don (Mar 3, 2009)

If it was me, I'd put the fence right inside the line  even if it meant ending the fence at one corner of the garage and restarting at the other.  BTW aren't there surveys of his property on file from years back.  The survey would show the existing placement of structures at that time.


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## bruwery (Mar 3, 2009)

If this pervert is so infatuated with you that he's climbing trees to spy on you, I'm not sure a fence would stop him.


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## pjrose (Mar 3, 2009)

bruwery said:


> If this pervert is so infatuated with you that he's climbing trees to spy on you, I'm not sure a fence would stop him.



Wow, I missed the climbing trees part.  

Did you check megans law online to see if this person is a registered offender?

Start here:
http://www.nsopw.gov/Core/Conditions.aspx?AspxAutoDetectCookieSupport=1

You can google to find the site, but beware that there are a lot of official-looking sites that may not have up to date information and that will charge you (ex: meganslaw dot com ).

Another good site is http://www.familywatchdog.us  which provides maps.


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## CINNAMON (Mar 3, 2009)

bruwery said:


> If this pervert is so infatuated with you that he's climbing trees to spy on you, I'm not sure a fence would stop him.



Your right a fence would not stop him, last week end he sat in a boat right in front of my home, there is no way to stop him.


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## JeffW (Mar 3, 2009)

As a suggestion, I'd try to keep the discussion either on the encroachment issue, OR the peeping tom issue.  So far we have:

- his garage maybe on your property (against code)
- him watching you in/on the garage (trespassing if he's on your property at the time)
- sitting in front of your house watching you (creepy, but not necessarily illegal).

All of these are important issues, but whether to put a new fence 6" or 3' inside a property line pales in comparison to a suspected peeping tom watchihg your every move.  I'd pick one issue to be dealt with, and focus on that.

Jeff


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## CINNAMON (Mar 3, 2009)

JeffW said:


> As a suggestion, I'd try to keep the discussion either on the encroachment issue, OR the peeping tom issue.  So far we have:
> 
> - his garage maybe on your property (against code)
> - him watching you in/on the garage (trespassing if he's on your property at the time)
> ...



his garage maybe on your property (against code)
*1996 survey there was no encroachment, 2008 survey there is now an encroachment.*

- him watching you in/on the garage (trespassing if he's on your property at the time)
*I never said he was watching me from the garage he is watching me from a wooded area, and now the lake.* *Only found out about the garage when I wanted to put up a fence.*

sitting in front of your house watching you (creepy, but not necessarily illegal). *not much I can do he is on the water, very creepy.*

I have an attorney handling the encroachment issue now.

thank you I will just keep the forum post directed at the encroachment.


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## JeffW (Mar 3, 2009)

Sorry if I misread some of the details.

I also wasn't meaning to be critical of you, it's a lousy situation to be in.  My point was in terms of getting helpful advice, I'd focus on one issue.  Him watching you is a whole different issue from the encroachment, with a differnet set of concerns and possible solutions.  I'd like to think most of the advice given on the encroachment has been beneficial, and I'd hate for that to get sidetracked by this other issue.

Good luck in dealing with both things, and do keep the group informed.

Jeff


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## CINNAMON (Mar 4, 2009)

JeffW said:


> Sorry if I misread some of the details.
> 
> I also wasn't meaning to be critical of you, it's a lousy situation to be in.  My point was in terms of getting helpful advice, I'd focus on one issue.  Him watching you is a whole different issue from the encroachment, with a differnet set of concerns and possible solutions.  I'd like to think most of the advice given on the encroachment has been beneficial, and I'd hate for that to get sidetracked by this other issue.
> 
> ...



 I in no way felt you were being critical, this is a real mess I am dealing with, this forum has been a benificial site and I do appreciate everyones advice.


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## pjrose (Mar 4, 2009)

*Focus on Creepy Guy*

I don't see a problem with two issues in one thread; creepy guy is what makes the encroachment and fence issues more complicated than they otherwise would, and both issues are important.  

I think creepy guy is the most important issue here; even with the garage torn down (unlikely to happen and would take a very long time and a lot of legal fees whether it's torn down or remains) or with a fence, he's still creepy.  The encroaching garage is a material object.  Creepy guy affects your sanity, detracts from your right to enjoy your property, and possibly could affect your safety.

Now that I realize there's water, erecting a fence probably won't help.  Would a fence stop him from watching you from a boat?  Probably not. Would you want to block your own view of the water?  Probably not.

I'd focus on the more serious problem, creepy guy.  Start by documenting AND photographing time, date, duration, and location every time he's watching.  Telephone the police every time, especially if he is on your property or if you feel in danger, and write down who you talked to, what time, and what s/he said and/or did.  Research local and state law about peeping toms, stalking, and harrassment.  Keep all this information organized so that you will have documentation to swear out a complaint and possibly get a restraining order.  Look for a local organization to help you - domestic violence organizations would know who to connect you with for help.


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## bruwery (Mar 4, 2009)

Perhaps an internet forum dedicated to timeshares (and visible to the entire world) isn't the best place to be seeking advice about perceived stalkers.

If your alleged stalker spends much time on the internet, he could be reading this right now.


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## CINNAMON (Mar 4, 2009)

bruwery said:


> Perhaps an internet forum dedicated to timeshares (and visible to the entire world) isn't the best place to be seeking advice about perceived stalkers.
> 
> If your alleged stalker spends much time on the internet, he could be reading this right now.



never thought about that, hopefully he is not smart


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## Don (Mar 5, 2009)

IF HE IS READING THIS.  Buy a gun. Confront him when he's peeping, gun in hand. Shoot his A** and claim you were afraid for your life under the CASTLE LAW that Florida has enacted.


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## Don (Mar 5, 2009)

Hopefully he is not reading this forum.  But having a firearm might not be a bad thing.  Especially if he decide to carry out his delusions to a higher level, like trying to get into your house.  Then you will have the means to stop him, and possibly save your lives.
The police can only deter crime by their presence.  They cannot actually do anything until after a crime has been committed unless they actually see it in progress.

It takes as long as 15 minutes (or more) for a call to 911 to produce results.  And that is more than enough time to harm someone and get away.


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## JeffW (Mar 5, 2009)

bruwery said:


> ...If your alleged stalker spends much time on the internet, he could be reading this right now.



That's a little paranoid to me.  It's not like we've been talking about a secret operation against him (hidden camera, decoy, etc) that would tip him off.


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## CINNAMON (Mar 5, 2009)

Don said:


> Hopefully he is not reading this forum.  But having a firearm might not be a bad thing.  Especially if he decide to carry out his delusions to a higher level, like trying to get into your house.  Then you will have the means to stop him, and possibly save your lives.
> The police can only deter crime by their presence.  They cannot actually do anything until after a crime has been committed unless they actually see it in progress.
> 
> It takes as long as 15 minutes (or more) for a call to 911 to produce results.  And that is more than enough time to harm someone and get away.



I have a pit bull mix now chained outside he weighs 118 lbs big healthy boy and firearm at each  entrance to my home.

there should be better laws to protect the innocent.


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## Don (Mar 5, 2009)

Good for you, don't be afriad to sic the pit bull on his sorry a**.


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## CINNAMON (Dec 29, 2009)

If any one has followed this post here is a UPDATE!!!!

I have been through a lot during this ordeal and now we are heading for mediation and court date set Yippee...

I have clear evidence that the neighbor built the garage in 2005 he stated in a deposition he built it with out a permit in 1995 again he has lied.

Sure hope he lies to the judge that would put him in a very bad position 
 I will post the final verdict when it is over.

And then I will think on the lines of going after the county for there select code enforcement and county officials not doing there job.

Thank you to all who provided some helpful information, and terraserver.com


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## Jestjoan (Dec 29, 2009)

Best of luck to you. I hope justice prevails.


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## CINNAMON (Dec 29, 2009)

Thank you.

Happy Safe New Year to all


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## LUVourMarriotts (Dec 29, 2009)

Something similar just happened to my buddy.  Here is the story and outcome.

Buddy bought house 2 years ago.  He's got a pretty odd shaped property so determining the exact lines by sight are difficult.  He didn't get his survey from the purchase until about 3 months ago.  When he was going over it, he realized that a dirt driveway his neighbor uses goes through his property for 80ft long x 10 ft wide.  The neighbor also put a drainage pipe along the driveway (on buddy's property) out to the street.

Buddy doesn't want to make a big issue, so he writes up a small contract stating that the neighbor is responsible for all upkeep and if any issue is to arise from the drainage, neighbor pays all expenses.  Neighbor refuses to sign and says he had agreement with previous owner.  Neighbor says he'll take buddy to court to take ownership of the driveway because its been there so long.

Buddy has a friend who is a real estate attorney.  Attorney calls guy and tells him that action will be taken against him unless he signs the contract and has it notarized.  Neighbor talks to his attorney who tells him it will cost him $15k + in fees for the whole issue unless he signs the contract.  Both attorneys review the contract, find no issue, get paid minimally and neighbor signs the contract.

So, in the end, getting the attorney involved solved this issue pretty quickly.  In your case, it sounds like you want the garage taken down?.  That will definitely require some attorney fees on both of your parts, but if the surveys show encroachment, you've got the upper hand.  It all depends on how much you are willing to spend to get this resolved.

Edit:  I just read the latest post and see that this is a pretty old thread.  Sorry!  Good luck!!


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## CINNAMON (Dec 29, 2009)

Yes the garage will be removed, they have been nasty and vile and as stated before this guy has and continues to watch stalk me.

1996 survey shows no encroachment, 2008 survey shows the encroachment, county records show the garage being built after 2004.

Attorney fee is not that much of a issue he is paid to date, they will have to pay one half of the mediators cost and I will pay the other half 375.00 each.

Always best to check any property often for issues.

As with your friend when he bought the property unless the other guy had legal written and recorded document his case is weak as to using a driveway that is not his. When the property changed ownership it would have dissolved the agreement. 

My case is looking good


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## CINNAMON (Jan 26, 2010)

Mediation is complete and the mediator seemed to side with the vile ones saying that the garage is not hurting me and that it is likely the judge will feel the same way, I said so be it I will see them in court, I am not going to settle out of court and allow these perverts to keep a garage encroaching on my property. the garage is on the property line and there is 15 feet setbacks that one must abide by. he is clearly in the wrong and has lied so many times even during a deposition.
The garage was at 47%complete in 2005 by property appraiser notes, and this mediator thinks a judge is going to say it is no big deal?


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## Htoo0 (Jan 27, 2010)

I certainly hope not. What's the point of having laws if some get to violate them with no consequences? Good luck!


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## CINNAMON (Jan 27, 2010)

Thank you, we just hired a specialist to evaluate the garage, more cost but we need to be ready for court.
lost count on the cost so far any way


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## ScoopKona (Jan 27, 2010)

CINNAMON said:


> the garage was built maybe in 2004 -2005 from what I can find out through google earth, tera server




EDIT -- I've finished the thread, and you have done everything I would have recommended. So I've removed redundant info.


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## CINNAMON (Jan 27, 2010)

Thank you,
Court date set for april be so happy when it is over.


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## Wonka (Jan 28, 2010)

CINNAMON said:


> Thank you, we just hired a specialist to evaluate the garage, more cost but we need to be ready for court.
> lost count on the cost so far any way



Please keep us posted.  It's kinda hard finding the new posts in an old string.
Where do you live in FL? I'm in Parrish near Sarasota.


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## CINNAMON (Mar 19, 2010)

*encroachment issues continue*

Well this is the update: Court date is next month and I was so looking forward to the end of this costly issue but just found out neighbor is declairing bankrupsy not sure at this time how this would affect our case I have called my attorney and waiting to hear back from him.

This has been a long costly adventure and it is not over yet. 

This neighbor continues to cut down my trees and tells my attorney that I am the one cutting them, these neighbors have been allowed to harrass me, cut and destroy my trees, tresspass, cut security camera cables, and no law enforcement will do anything to assist me.
I am just told we have to catch him or have it on video before the law can do anything.


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## thheath (Mar 19, 2010)

Sounds like the neighbor from hell.  Maybe he'll lose the house with his filing and that will resolve your issue.


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## CINNAMON (Mar 19, 2010)

maybe he will lose his home, but they are swindling the elderly man who lives above me out of his home and since they are the ones watching this elderly man there is little I can do to help him. They are neighbors from hell.


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## CINNAMON (May 8, 2010)

THE COURT CASE IS OVER YEAH 

the Judge said with out a doubt the garage was not there prior to 2004 and the freak neighbor would have to de-construct the garage.... 

The neighbor was pissed. 

I am happy the legal side is over.....

I thank all of the ones here that provided advise and support through this ordeal, and many thanks to Terraserver.com who provided the online photos and also next day delivery of the photos that the judge could clearly see the garage was not there.


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## Talent312 (May 8, 2010)

CONGRATS !!!
Don't be too surprised though if the neighbor moves for a rehearing or appeals, and
tries to drag this thing out. Your attempt to enforce the judgment may just be starting.


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## CINNAMON (May 8, 2010)

My attorney said that the only way he could appeal is if there was a legal error and there was not any legal error as we could see, the attorneys were meeting this week to go over the orders so hopefully the other attorney will advise his client to obey the order from the judge, if not we will meet them back in court.


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## Rose Pink (May 10, 2010)

Thanks for updating us.  Glad to hear it is working in your favor.


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## CINNAMON (Oct 13, 2010)

neighbor has asked the court for a motion to release them from court order going to court next week for the hearing, my attorney does not think the judge will over turn the order of them removing the garage which was ordered to be removed in September. the neighbor is also asking the county for a variance after the fact that they built the garage with out a permit.
I thought this was all over but they have hired a new attorney


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## JeffW (Oct 13, 2010)

If you win (again), can you claim law costs on your part?  And if you do win, maybe you can get the judge to expedite the removal of the garage.  Longer it stays up, longer he'll probably try to re-appeal it.

Jeff


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## dougp26364 (Oct 13, 2010)

I think that, after they lose again, I'd consider filing a civil court case for expenses and emotional distress, requesting some eye popping sum of money for the emotional distress they've caused you.


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## siesta (Oct 13, 2010)

A court case that I was familiar with was similar to this in nature.  The disgruntled neighbor who wanted the structure down was so fed up with the process and length of time it was taking, he ended up burning it down, figuring without a permit it wouldn't get re-built.  He ended up getting charged with arson. What a fool.


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## vacationhopeful (Oct 13, 2010)

The more eye popping the sum is, the faster they will run to bankrupcty court. 

Get your lawyer to request reimbursement of legal fees during his answer to this new filing. Your lawyer likes the idea of you writing his check; then he is more than happy to file another court case (more fees) to sue the neighbor.
I am not a lawyer, but whether or not he has a new lawyer, he can't just come back again & again to try to take of bite of the same apple at your continued expense (harrssment). 

Now criminal court is another matter - what legal responsibility does he have for the old man who he is taking care of and looting his funds? Usually, there are senior services which can audit how an unrelated person uses the senior's funds for their care and wellbeing.


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## JeffW (Oct 13, 2010)

If you were lucky, you'd get the same judge as the first case.  I don't think judges like when people go against their ruling (without good cause).


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## CINNAMON (Oct 13, 2010)

we will not have the same Judge but I am hoping that maybe another Judge will not over rule the other judge, as for the attorney fee's I am not sure if we can recover anything but sure worth looking into.
the neighbor has already filed bankrupsy and is it finished I am sure his wife will file once all is done so they can be free from all cost.
just so wrong that they can lie cheat and steal and the burden of cost is all on me.


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## JeffW (Oct 14, 2010)

I can sense your frustration.  Are you afraid that he'll use his bankruptcy as an excuse to not take down the garage?  If so, you might check if there's a local construction or trade union in your town, and see if they'd want to use the garage as a deconstruction project.  That could eliminate the cost issue (though there's still the cost of a dumpter, not sure that they can get free).  You might actually pre-research that, so if you win, you can present it to a judge, say, "Here's an option to get it taken down so that cost (his supposed inabilility to pay for it) isn't an issue".  You shouldn't have to do this type of research, but if it helps to get the garage down, it might be worth it.

Jeff


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## CINNAMON (Oct 14, 2010)

This man will use any excuse he even told the mediation attorney that he feared me and could not be in the same room oh really I weigh 100 lbs and he fears me get real. If the fool was not prawling around watching me I would have never found that the garage was encroaching....
I told mt attorney that if he cannot remove the garage I will, I will have a front end loader there in no time at all.
the stress and panic attacks I have are enough that I can now understand why people snap.
Court date is approaching fast and 20,000 plus in attorney and other fees and the garage still stands.


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## CINNAMON (Oct 20, 2010)

The Judge denied their relief from judgement. The Judge said the order still stands now the attorney will file a motion to have the order enforced.

now just have to wait for the variance hearing, but as i have researched even if they were granted a variance the court order still stands.

maybe now it will finally be over I am not sure what other options they would have, Last court hearing I did not think they had any options and then they requested a relief from judgement, I will not let my guard down until the garage is removed.

Thank you to everyone for your support and advise.


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## CINNAMON (Nov 2, 2010)

UPDATE:
the county granted them a variance but at the end said the court order still stands!!! guess it is back to court. have to see if the judge will revoke the variance, they are past the date the garage was to be removed.
I am so sick of these people and their dirty ways it just makes me sick.


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