Neighbor encroaching on my lot

[callwill]

I think the letter to the encroachers should indicate to them that they have erected a fence on your property and that you plan to "take possession" of the fence and plan on removing it as well as the additional stored property they have given you and then set a time period during which they can chose to move it to their side of the property line or lose it all. Note in the letter that they may be billed for the removal work as they engaged in this on your property with out your permission. Send a copy of that letter to all the HOA board members as that fence is on your property and i would surmise that means you are in violation of the HOA rules despite the fact that you didnt do it. At the end of the waiting period get an attorney involved if no action is taken by either.

 

[easyrider]

I never thought of the liability aspect. Good thinking. Perhaps a clause that they assume all liability and will indemnify us against any liability claims (indemnification) of their use on this land would be a good update to the contract.

In our case, this is only about a 1 foot wide by 8 foot long strip of land where their driveway curves (their home was built many years before ours) so the risk of something happening and proving it happened on our land is slim. Much of the time they have an open popout from their trailer in this space so no one has access. The popout does not touch the fence nor land below.

It's tough because we don't want to have bad relations with our neighbors. Ugh, I hate having to send them these letters every few years.

In your situation I really doubt there would be any liability to you. I think you should let it ride.

Bill

 

[easyrider]

You must have some "friends." He is afraid the neighbor might shoot him if he dismantles the fence. I wouldn't consider him a friend.

I was posting about calgals situation where thay are friends with the neighbor.

It's interesting that there are idiots that think brandishing their gun to threaten anyone doesn't come with a high chance of being arrested for assault.

Bill

 

[rapmarks]

Definitely not friends with the neighbor
yes I will send a certified letter, and consult a lawyer, but other than doing the removal myself, I don’t know what anyone can do if he ignores It

 

[easyrider]

Definitely not friends with the neighbor
yes I will send a certified letter, and consult a lawyer, but other than doing the removal myself, I don’t know what anyone can do if he ignores It

Most people just go with their life. If you can't build a fence maybe toss all their crap to their side of the property line, paint a line designating the property line and plant some arbs or bushes on your side of the property line. If you really think the neighbor would mess with you, put up no trespassing signs, place cameras up to catch them trespassing and have the lawman have a talk with them if they do.

Bill

 

[mentalbreak]

100% consult an attorney and take action. My parents lost a triangle of their property that included 200 feet of lakeshore to encroachment. The neighbor mowed to a fence that was 200 feet inside the property line. And sued my parents for it. This is despite the official documents showing the property line and the fence.

And as for “if you think your neighbor would mess with you”…. The neighboring property was owned by a local church.

 

[ScoopKona]

And as for “if you think your neighbor would mess with you”…. The neighboring property was owned by a local church.

But that's not apparently theft, because it's completely legal....

This is the part where I roll my eyes so far into the back of my head it creates a space-time distortion.

Rapmarks, lawyer up. Don't play nice. Ask the attorney you hire to go the extra mile to dissuade this sort of behavior -- so long as it doesn't cost a fortune to do so.

 

[davidvel]

But that's not apparently theft, because it's completely legal....

This is the part where I roll my eyes so far into the back of my head it creates a space-time distortion.

Rapmarks, lawyer up. Don't play nice. Ask the attorney you hire to go the extra mile to dissuade this sort of behavior -- so long as it doesn't cost a fortune to do so.

So if you receive your parent's property when they pass due to probate laws, it is theft from your cousin? If the law says who gets it under particular circumstances it is not theft, by law.

 

[Snazzylass]

Definitely not friends with the neighbor
yes I will send a certified letter, and consult a lawyer, but other than doing the removal myself, I don’t know what anyone can do if he ignores It

Not even going to touch your HOA situation. Definitely address the Adverse Possession. I believe it's 7 years where I live.

Maybe even consult your attorney before sending the first letter. Get your total game plan together. What is the letter going to say? What action do you want your neighbor to take?

I had a situation years ago with boorish neighbor. He seemed to truly believe he could do whatever he wanted including using my driveway. Instead of keeping the hedge trimmed on his side, he let it grow over into a wild mass until one day, he cut the hedges to the ground. It was the accumulation of these antics that drove me to address the situation. I got a quote from a Landscape co to replace them. I sent a letter to the neighbor and gave him 30 days or I'd see him in court. So, of course, he ignored the letter. I filed. Turned out the house was in an LLC. So, he could not represent himself. He had to get an attorney. I was able to show the judge that the hedges were on my property, and I was awarded $1,500. Best part? I was pretty sure the hedge would grow back and they did. I just wanted to make my point and I missed my privacy. Months later, I saw him out in the front yard with a backhoe and pretty soon, he managed to hit both the water line and gas line. Glad I moved shortly after that, which is the other lesson. A jerk is a jerk. Count on your neighbor being difficult and not caring one whit.

 

[rickandcindy23]

Our land in South Park is being encroached upon by our neighbors. They built a birdhouse just inside our property line. Rick pushed all of the wood pile they had on our land (it wasn't a big pile) to their own side and put a note on the birdhouse that says, "Birdhouse belongs to Rick ______".