We're having a property line dispute

[evantwheeler]

I think he owns the neighbors fence, just has to have it move to the property line,

I suggest splitting the surveyor costs, and have both lots pined and recorded. Then move the fence, and split the cost of having it moved. Shouldn’t be too bad, and the neighbor already bought the material.

Why should OP bear any costs in this fiasco? He certainly should NOT pay for any efforts of moving the fence if it is indeed over the property line on his property. Flipper chose to build the fence, for his benefit and property improvements. This is all on the flipper.

If OP pays for a survey, finds dipshit flipper built fence on OP's property, can OP take flipper to small claims court for the cost of the survey?

 

[DLC]

When we purchased the vacant lot adjacent to our LHC home I was surprised to find out the County/State did not require a survey to identify property boundaries. Seller and I split the cost of a surveyor. Pins were placed and survey filed with city/county. Now a new owner has covered those pins with about 5 ft of fill soil. And has yet to re-establish pins at the surface.

I wouldn’t let that slide for very long!

that means you have extra dirt on your lot…

 

[evantwheeler]

OP - just a thought - you may be able to force the flipper to pay for the survey or just outright move the fence without a survey by getting ahold of your plot plan registered with your county and doing some measuring. If you are rural with irregular shaped lot, this may be difficult or impossible to do, but if you have a square or rectangular lot and with a well known or defined corner, you can do some geometry and measuring to approximate the lot corner where the flipper is suspected to have encroached past. If you can prove to them they encroached based on the plot plan and doing some free measuring, you may force their hand to do the right thing without any expenditures on your end.

 

[sprintcvx]

Thank you all for the responses. We are definitely getting a survey done on our own dime and finding a RE lawyer. We're in Western Washington State and would have never known there was a issue with the lines to begin with. A disgruntled employee of the flipper told us the crap going on down there. We meet the employee(nice kid) last summer and we've always kept an eye on the place since its been vacant. We got survey maps when we moved in but really never doubted our old neighbors landscape layout and it's part of our lower property that we don't use or ever maintain that much. All the responses that say just move the fence, its gone way beyond that now.
This pic shows my wife pointing her toe at what we think is property stake. If you follow a straight line up past our toy hauler to the main road. The new gate and everything to the left is neighborhood ROW property. The original neighborhood design had the road going through here, but they never punched it through, so the road dead ends here.

This is a pic going to the right. our property line goes about 10 o'clock in this pic to the treeline then to the right.

 

[Caydens Cat]

What city, county, state? Not to be confused with giving legal counsel, those may play a strong role in how this can be worked out ( who has burden of proof).

Had a neigbor bitching at me for wanting to remove a shrub/tree “fence” dividing our properties and putting up a proper wood fence some years ago. Couldn’t use my driveway as it was so overgrown. Clearly marked pins and elavation change to discern our property lines. While I was on the other end, finally had to tell them to either get it surveyed or it starts to go up in “X” weeks (to give them ample time.). Hence why I ask, typically the burden on the encroached as in our case if permits not required (sucks, but I tried to be amicable). 100% out of my pocket and they ended up liking it more than the damn rat laden shrubs.

 

[LuauLounge]

To keep it civil, at this point, see if you can get him to agree to a survey. If he has built on your property, he pays for the survey and midigates the issues. If he hasn't encroached on your property, you pay for the survey.

 

[FreeBird236]

When we purchased the vacant lot adjacent to our LHC home I was surprised to find out the County/State did not require a survey to identify property boundaries. Seller and I split the cost of a surveyor. Pins were placed and survey filed with city/county. Now a new owner has covered those pins with about 5 ft of fill soil. And has yet to re-establish pins at the surface.

If I'm understanding you, the toe of his slope could start at that pin, or a retaining wall could be next to the pin, but no way should he have built up dirt over the pin.

 

[evantwheeler]

Pictures definitely help, not exactly the photo I painted in my head.

Is that stacked rock line the “fence” that you say is encroaching onto your property? If so, looks like all those pretty little evergreen trees/shrubs are also on your property? Is the gate believed to be on your property, the way i read your post it doesnt seem so.

Is the rock wall new and lanscaping in the photos completely new constuction, or has that landscaping area on that slope been there for a long time? I am thinking not brand brand new, because that grass back there looks pretty well established and not like fresh new sod…..

Is the garage new construction or just remodel?

Do you know of any recorded easements for utilities or access between your two properties?

 

[NicPaus]

Washington might be different from CA. But in CA if the neighbors have been using the land for 5 years or more they have easement rights. I was told you could try and dispute up to 20 years. After 20 judge will side with them.

How long ago did flipper buy?

 

[sprintcvx]

Pictures definitely help, not exactly the photo I painted in my head.

Is that stacked rock line the “fence” that you say is encroaching onto your property? If so, looks like all those pretty little evergreen trees/shrubs are also on your property? Is the gate believed to be on your property, the way i read your post it doesnt seem so.

Is the rock wall new and lanscaping in the photos completely new constuction, or has that landscaping area on that slope been there for a long time? I am thinking not brand brand new, because that grass back there looks pretty well established and not like fresh new sod…..

Is the garage new construction or just remodel?

Do you know of any recorded easements for utilities or access between your two properties?

The fence in question is a 4' chain link behind all the new landscape trees. We did check on WA. laws and there is seems to be 7 year easement rights and the flipper bought it 4 years ago.

 

[Mandelon]

RCW 4.28.320​

Lis pendens in actions affecting title to real estate.​

At any time after an action affecting title to real property has been commenced, or after a writ of attachment with respect to real property has been issued in an action, or after a receiver has been appointed with respect to any real property, the plaintiff, the defendant, or such a receiver may file with the auditor of each county in which the property is situated a notice of the pendency of the action, containing the names of the parties, the object of the action, and a description of the real property in that county affected thereby. From the time of the filing only shall the pendency of the action be constructive notice to a purchaser or encumbrancer of the property affected thereby, and every person whose conveyance or encumbrance is subsequently executed or subsequently recorded shall be deemed a subsequent purchaser or encumbrancer, and shall be bound by all proceedings taken after the filing of such notice to the same extent as if he or she were a party to the action. For the purpose of this section an action shall be deemed to be pending from the time of filing such notice: PROVIDED, HOWEVER, That such notice shall be of no avail unless it shall be followed by the first publication of the summons, or by the personal service thereof on a defendant within sixty days after such filing. And the court in which the said action was commenced may, at its discretion, at any time after the action shall be settled, discontinued or abated, on application of any person aggrieved and on good cause shown and on such notice as shall be directed or approved by the court, order the notice authorized in this section to be canceled of record, in whole or in part, by the county auditor of any county in whose office the same may have been filed or recorded, and such cancellation shall be evidenced by the recording of the court order.

If the flipper is non willing to cooperate, I believe you can have a lawyer file a Lis Pendens with the court or county. This will put anyone who checks the title on notice that there is an issue. A title insurance company may balk at writing a policy on a property that is going to be in litigation. At a minimum it will slow things down for the seller. Thus, it will be in their interest to get the issue resolved quickly and likely to assume the cost of it.

 

[bonesfab]

Drill a bunch of glory holes 🕳 and see what happens. If the new neighbors say stop putting your junk through my fence.... just tell them "it's my fence!"

Might want to see what the new neighbors look like first..

 

[rivermobster]

Thank you all for the responses. We are definitely getting a survey done on our own dime and finding a RE lawyer. We're in Western Washington State and would have never known there was a issue with the lines to begin with. A disgruntled employee of the flipper told us the crap going on down there. We meet the employee(nice kid) last summer and we've always kept an eye on the place since its been vacant. We got survey maps when we moved in but really never doubted our old neighbors landscape layout and it's part of our lower property that we don't use or ever maintain that much. All the responses that say just move the fence, its gone way beyond that now.
This pic shows my wife pointing her toe at what we think is property stake. If you follow a straight line up past our toy hauler to the main road. The new gate and everything to the left is neighborhood ROW property. The original neighborhood design had the road going through here, but they never punched it through, so the road dead ends here.
View attachment 1175724
This is a pic going to the right. our property line goes about 10 o'clock in this pic to the treeline then to the right.
View attachment 1175725

So you're basing your "claim" on something a disgruntled employee said??

 

[C-2]

If your purchase was a title insured transaction, check with your title insurance company. You bought the property believing you received a parcel with a clean/equitable title (you were not aware of any boundary issue). But there will be a "cloud" on title if a lien or lawsuit must be filed to sort out property lines. Thus, you never received an equitable title.

If it was not a title insured transaction, then find out what type of deed was used to convey title to you, because deeds also come with certain representations/promises/warranties. (Warranty/grant/special etc) The fact you were not aware there was an issue with title, all these years later, does not matter, the statute does not run until the defect was discovered.

A Lis Pendens is filed after a lawsuit has been filed, or at the same time. Because of their negative affect on title, sometimes a bond is required to be posted by the party filing the lis Pendens. It is not a stand alone document to my knowledge (not sure about WA, but lien laws are pretty similar in all states).

Good luck with it

 

[Caydens Cat]

If your purchase was a title insured transaction, check with your title insurance company. You bought the property believing you received a parcel with a clean/equitable title (you were not aware of any boundary issue). But there will be a "cloud" on title if a lien or lawsuit must be filed to sort out property lines. Thus, you never received an equitable title.

If it was not a title insured transaction, then find out what type of deed was used to convey title to you, because deeds also come with certain representations/promises/warranties. (Warranty/grant/special etc) The fact you were not aware there was an issue with title, all these years later, does not matter, the statute does not run until the defect was discovered.

A Lis Pendens is filed after a lawsuit has been filed, or at the same time. Because of their negative affect on title, sometimes a bond is required to be posted by the party filing the lis Pendens. It is not a stand alone document to my knowledge (not sure about WA, but lien laws are pretty similar in all states).

Good luck with it

What he said… talked to the Mrs. and without being involved (retained) solid advice.

 

[stephenkatsea]

I wouldn’t let that slide for very long!

that means you have extra dirt on your lot…

We excavated the rear of our RV lot with a 2:1 slope. The neighbors adjacent property was a much lower flag lot. He brought in fill dirt and placed it upon the flag lot. In doing so, he also placed fill upon our 2:1 slope. The flag lot remains lower than our lot. Had he not placed fill dirt on our slope it would have created an unwanted ditch/ravine between our properties. We desire to retain ownership of the entire rear 2:1 slope portion of our lot, including that portion of the slope that now has the fill upon it. Length of the fill upon slope is 90’. Encroachment of the fill on on our slope is about 10-13’. The shaded lots are ours. We’ve officially married and filed them with the city/county. Our total property size is about 3/4 of an acre. Not interested in giving up any of that property. Lot 24 has room for another house, if not only just a casitas and landscaping into our existing pool area. The rear of our lot 23 is clearly designated with a large, previously permitted and built, retaining wall. The rear of lot 24 is where the fill dirt was placed upon our slope. The additional fill has been placed on that unartfully blackened portion of the 3rd photo.

 

[Orange Juice]

Why should OP bear any costs in this fiasco? He certainly should NOT pay for any efforts of moving the fence if it is indeed over the property line on his property. Flipper chose to build the fence, for his benefit and property improvements. This is all on the flipper.

If OP pays for a survey, finds dipshit flipper built fence on OP's property, can OP take flipper to small claims court for the cost of the survey?

He’s getting half a fence.

The survey needs to get done… split the cost.

 

[spectra3279]

Our house is just over 1 acre of propriety that we bought over 30 years ago. Owner neighbor died a few years back and the family sold it to a flipper for $345k. The flipper just put a cubic ton of money into a remodel, including a ton of landscaping and a new fence, that we come to find out, it's all on our propriety. The flipper is very vague about the survey and there is no "stake" because of the new asphalt and wants to know if we want - #1 They pay us a little portion then we adjust the boundary line to match the new fence #2 - Remove the fence and adjust the boundary line to match the new survey #3 - Leave the fence and just let the new owners know. It's 4-6K sq ft and would take our property below the acre line. Entrance to their property is basically our property and the line is 10 feet from the corner of their garage( there's 35 ft. set backs). There has been more than one sub upset; stories within themselves. Just listed for $2.5 MIL. Enough red flags have been raised for us to wonder - What other options do we have and what should our next steps be to protect our property?
I know there's quite a few RE people on this board and wondering what our options were.

Not sure about where your at but some places if the fence stays, the other person can basically eminent domain that part of the property after a few years

 

[COCA COLA COWBOY]

I would survey the property line myself and make the flipper move the fence to the property line. This is a huge red flag and you could cause major issues with his sale. Don't be the nice guy in this situation. Protect your investment.

 

[propcheck]

Well the positive side is that as a flipper you have the advantage because he cannot cash out till you guys settle. But do not give up land. We left the fence up and had all the surveys and contracts done establishing we still own the land five foot out on the other side of one of our properties and even set a cast survey marker flush on the real boundary and are living happy ever since

 

[Go-Fly]

The fence in question is a 4' chain link behind all the new landscape trees. We did check on WA. laws and there is seems to be 7 year easement rights and the flipper bought it 4 years ago.

I don't think I'm the only one seeing some red flags here. The flipper had the land surveyed, an employee told you things weren't right and in four years time he built a garage, driveway, stone walls, put up a whole new fence where there wasn't one, planted a row of trees and landscaped. The house is or going up for sale and you think now is a good time to address the property line? I'm not saying your in the wrong or you don't have right to claim what's yours. I'm just saying, any work that has or every will be done against my property, I walk down and take a look, then take action if needed. Maybe I missed where the two of you talked or addressed this before now. I thought this was all under construction, not completely finished. You sir have an ugly fight on your hands or you are going to find out that your property line is not where you thought it was. Sorry both ways.

 

[NicPaus]

Well the positive side is that as a flipper you have the advantage because he cannot cash out till you guys settle. But do not give up land. We left the fence up and had all the surveys and contracts done establishing we still own the land five foot out on the other side of one of our properties and even set a cast survey marker flush on the real boundary and are living happy ever since

If in CA. The issue would be they are using the land up to the fence for 5 years. Then they claim prescriptive easement. You can remove fence at that point and both use the land. But you can't build the fence on property line and block them from using the land. Friends just went through similar deal. After 8k with lawyer he quoted 30k to continue the battle with neighbor. They ended up putting a fence up so neighbor got there land. He still pays property tax on it. They could of left fence removed which I suggested.

 

[2FORCEFULL]

We excavated the rear of our RV lot with a 2:1 slope. The neighbors adjacent property was a much lower flag lot. He brought in fill dirt and placed it upon the flag lot. In doing so, he also placed fill upon our 2:1 slope. The flag lot remains lower than our lot. Had he not placed fill dirt on our slope it would have created an unwanted ditch/ravine between our properties. We desire to retain ownership of the entire rear 2:1 slope portion of our lot, including that portion of the slope that now has the fill upon it. Length of the fill upon slope is 90’. Encroachment of the fill on on our slope is about 10-13’. The shaded lots are ours. We’ve officially married and filed them with the city/county. Our total property size is about 3/4 of an acre. Not interested in giving up any of that property. Lot 24 has room for another house, if not only just a casitas and landscaping into our existing pool area. The rear of our lot 23 is clearly designated with a large, previously permitted and built, retaining wall. The rear of lot 24 is where the fill dirt was placed upon our slope. The additional fill has been placed on that unartfully blackened portion of the 3rd photo. View attachment 1175844 View attachment 1175845 View attachment 1175856

here's how it works... when you filled and leveled your lot... you had to get a permit... part of that says you have to get it inspected and a compction test every ft.... the only to level the lot is with a retaining wall.... that was on you, when you created the 2 to 1... same goes for the flag lot guy.... if he's pushing dirt on to your slop, it's because he doesn't have a permit...but... even though he does make his lot higher and level the property line stays the same... as long as he get the dirt work inspected.... you could just put a wall on the flat part,,...

 

[wzuber]

I’d tell them than they need to move the stuff to their property. Have a surveyor come out on your dime and set the appropriate property pins. The surveyor will give you a survey pointing out the property line violations.

Send them a certified letter with new survey and violations so that they must disclose to any buyer. If the flipper is a dick about it, file a lis pendens outlining the property dispute with the survey attached. A title company will most likely not choose to insure over that making a sale of the property very difficult.

I hate sloppy work where people just assume they can fuck up and make it your problem.

Lastly remember the most important axiom in life when it comes to property disputes……”no good deed goes unpunished”. He fucked up, it is not your job to “work” it out with him, it is his job to do it right. He is not going to be your neighbor, the new owner is. Settle you dispute with this flipper so you can have a good relationship with the new neighbor.

best advice ever from you...solid work........ok, now you can go back to being a "Reagan era Con-serevative" hahaha

 

[stephenkatsea]

here's how it works... when you filled and leveled your lot... you had to get a permit... part of that says you have to get it inspected and a compction test every ft.... the only to level the lot is with a retaining wall.... that was on you, when you created the 2 to 1... same goes for the flag lot guy.... if he's pushing dirt on to your slop, it's because he doesn't have a permit...but... even though he does make his lot higher and level the property line stays the same... as long as he get the dirt work inspected.... you could just put a wall on the flat part,,...

The excavation of our lot required no fill. It was a simple cut and drag. It was completed with City approved excavation plans, with a permit and follow up inspection. Along with re-establishing the property survey pins at the surface, I've also asked for a copy of his excavation permit and soil compaction report on the fill soil he placed on our slope. He's verbally said yes and signed a dated declaration to that effect.

 

[Sherpa]

I'm a little confused about allowing a builder to put up a fence, put in a driveway, etc knowing it was not in the right place. had this been next to my house,

I would have pulled out their forms, posts, ie: torn out their work the day after it was put in. if you know your property lines, why wait? I'm not shit disturber,
but I'm not giving up a damn square foot......

good luck with all of this........ --Sherpa

 

[sprintcvx]

I'll see if I can clear a few things up. The flipper bought this house 4 years ago but never did any work to it until last year. They never changed the foot print of the house but did a complete remodel. The garage has been there since we moved in but we never realized our property line was within 5 feet of it. In the pics above of my wife, everything behind her is new. There was never any kind of existing fence between the properties, it was always just an un-maintained green belt. All of the landscaping/fence work is new within the last 6 months. This is a pic of a pic we printed off the county website. Our house is toward the bottom of this pic and my wife was standing on that point toward the top. The flipper basically squared our property off with the new fence and landscaping. We're meeting a RE lawyer later this morning and hope to get some answers. When we hear anything new I'll update this thread.

 

[Drew]

If you are one acre zoning and you give this guy that 6000’ you would now be a sub prime lot. I would contact a lawyer first. But take the fence down and thank him for the new vegetation at the very least. Not sure how closings are in your state but here we use lawyers and get surveys done. It would show up at the closing and it would be buyer beware . Best bet would be contacting a lawyer though.

 

[sprintcvx]

If you are one acre zoning and you give this guy that 6000’ you would now be a sub prime lot. I would contact a lawyer first. But take the fence down and thank him for the new vegetation at the very least. Not sure how closings are in your state but here we use lawyers and get surveys done. It would show up at the closing and it would be buyer beware . Best bet would be contacting a lawyer though.

We're meeting with a RE lawyer later this morning.

 

[Go-Fly]

We're meeting with a RE lawyer later this morning.

Not trying to be disrespectful in any means. You're not going to drive a fence post where your wife has placed her foot in front of this persons garage door without a fight in the courts. That being said as a what if kind of deal, I can see now by your aerial view how this might of happened. They ran the fence between the back pin and the front pin and missed the third one by the garage. Seeing how you said you don't use this part of your property and just leave it as unmaintained. Survey it yes, then offer to give him the front part and you take some of his back yard to adjust for the lose. You don't lose any of your acre in total square footage. He pays for lot line adjustment, city recordings, survey and relocates the fence. You pay for your own attorney fees. That's just business. Take the high ground, throw this guy a lifeline with a win/win. Juries love the good guy in court. It makes my day when we can show a jury the clear path they are looking for. Don't spend money and take time out of your life for something that is behind you. Just my thought.

 

[MSum661]

If you reduce the sq. footage of the lot to anything below 43,560 sq feet (1 acre) and you decide to sell the property you wont be able to advertise it as a legit "1 acre".
It will have to be disclosed at the new exact sq. footage instead.
Just something to consider.

 

[2FORCEFULL]

Our house is just over 1 acre of propriety that we bought over 30 years ago. Owner neighbor died a few years back and the family sold it to a flipper for $345k. The flipper just put a cubic ton of money into a remodel, including a ton of landscaping and a new fence, that we come to find out, it's all on our propriety. The flipper is very vague about the survey and there is no "stake" because of the new asphalt and wants to know if we want - #1 They pay us a little portion then we adjust the boundary line to match the new fence #2 - Remove the fence and adjust the boundary line to match the new survey #3 - Leave the fence and just let the new owners know. It's 4-6K sq ft and would take our property below the acre line. Entrance to their property is basically our property and the line is 10 feet from the corner of their garage( there's 35 ft. set backs). There has been more than one sub upset; stories within themselves. Just listed for $2.5 MIL. Enough red flags have been raised for us to wonder - What other options do we have and what should our next steps be to protect our property?
I know there's quite a few RE people on this board and wondering what our options were.

how do you know the fence is on your property if you don't know where the propery line is ???

 

[2FORCEFULL]

I've developed raw land, and renovated old property,... this seems to always come up... on the cowboy house in havasu , when I put up the rv garage.. the neighbors fence was on my property,.. when I dug the dirt down it made the fence posts loose.... the lady threw at fit.... she was more pissed about loosing the rear yard lake view,,, she tried to stop the build because I needed that area to have my 5' set back w/ a 3' walk around... when she lost that battle, she complained about evey thing from that moment forward...



as far as the thread and the OP.... where's the fence pics??? what differance does this make..... did the lot end up with a free fence???? maybe the fence is actually on their property... I for one would not spend the money for a fence knowing I might have to take it down.... the way to do this,.... and it almost never works , is to ask the neighbor to go halfs on the fence.... then you can put it right on the line..... they always say, no, I don't want a fence, then end up with a free wall and more property...


I would really like to see the fence...... and what differance it makes... more or less 1 acre will not make a differance in value... but having a wall/ fenced in property will

 

[2FORCEFULL]

We excavated the rear of our RV lot with a 2:1 slope. The neighbors adjacent property was a much lower flag lot. He brought in fill dirt and placed it upon the flag lot. In doing so, he also placed fill upon our 2:1 slope. The flag lot remains lower than our lot. Had he not placed fill dirt on our slope it would have created an unwanted ditch/ravine between our properties. We desire to retain ownership of the entire rear 2:1 slope portion of our lot, including that portion of the slope that now has the fill upon it. Length of the fill upon slope is 90’. Encroachment of the fill on on our slope is about 10-13’. The shaded lots are ours. We’ve officially married and filed them with the city/county. Our total property size is about 3/4 of an acre. Not interested in giving up any of that property. Lot 24 has room for another house, if not only just a casitas and landscaping into our existing pool area. The rear of our lot 23 is clearly designated with a large, previously permitted and built, retaining wall. The rear of lot 24 is where the fill dirt was placed upon our slope. The additional fill has been placed on that unartfully blackened portion of the 3rd photo. View attachment 1175844 View attachment 1175845 View attachment 1175856

are you sure thats not a P.U.E. area????

also,... why did you marry the lots???? IMO it devalued the property... all you did was create a bunch of unwanted zone laws...


my property on nelson was this way,.. I made the seller change it back before I would buy it, it also had property line disputes.... I handled it all my self,... and now when I go there we sit and drink cold beers with the neighbor...

 

[MSum661]

The discrepancy could of been realized during an inspection by the building inspector verifying setbacks at some point before signing off for final inspection.
Hopefully the flipper didn't yank out any monuments trying to hide the situation.

 

[2FORCEFULL]

I'll see if I can clear a few things up. The flipper bought this house 4 years ago but never did any work to it until last year. They never changed the foot print of the house but did a complete remodel. The garage has been there since we moved in but we never realized our property line was within 5 feet of it. In the pics above of my wife, everything behind her is new. There was never any kind of existing fence between the properties, it was always just an un-maintained green belt. All of the landscaping/fence work is new within the last 6 months. This is a pic of a pic we printed off the county website. Our house is toward the bottom of this pic and my wife was standing on that point toward the top. The flipper basically squared our property off with the new fence and landscaping. We're meeting a RE lawyer later this morning and hope to get some answers. When we hear anything new I'll update this thread.
View attachment 1176415

those lines are almost never right.... and lucky if they are even close..

 

[MPHSystems]

I would send a cert letter and also take the fence Down like tomorrow!

make him get a survey !

once it’s sold your going to have a big problem w/ your new neighbor!

Did he gets permits for the improvements?
Call the city make a big stink, get the inspector out there!

If he screwed up a fence line what else did he F up.

Flipper won’t give a crap once it’s sold.

Yea, there are time limits on property line disputes. If the fence has been there long enough, the property line can end up changing.

the flipper is a dick, he is trying to steal your land. There was a time when that sort of thing was resolved with a tree and a rope.

You shouldn’t have to pay a nickel to resolve this and if you do end up conceding the PL, make sure you get what that much land will be worth in 30 years. Fuck that guy.

 

[2FORCEFULL]

The discrepancy could of been realized during an inspection by the building inspector verifying setbacks at some point before signing off for final inspection.
Hopefully the flipper didn't yank out any monuments trying to hide the situation.

this can be figured out real easy, but... what is the end result???? might find out the garage was built with no permit..... then what???? the very first thing to do would be do a permit history on both lots... it's county records...building permits require a plot plan showing set backs, PUE's and DE"s... most all will have property pin location

take the easy way first,.. starting a hatfield and MC coy battle would not be worth the gain...

not trying to be a know it all here, but , I've been doing this all my life...

 

[2FORCEFULL]

Yea, there are time limits on property line disputes. If the fence has been there long enough, the property line can end up changing.

the flipper is a dick, he is trying to steal your land. There was a time when that sort of thing was resolved with a tree and a rope.

You shouldn’t have to pay a nickel to resolve this and if you do end up conceding the PL, make sure you get what that much land will be worth in 30 years. Fuck that guy.

thats a huge assumption.... the most dangerous man ever is the one that thinks he's right..... the one that is , always wins...

 

[2FORCEFULL]

We're meeting with a RE lawyer later this morning.

Did you talk to the flipper??? maybe just ask him what he's doing??? maybe he did get it surveyed??? maybe what he's doing is right???? everything you will pay a lawyer can be found out for free... and also,... did you not want a fence??? believe it or not,... just because you put up a fence, it doesn't change the property line...

 

[MSum661]

I've been doing this all my life...

So have I. B1 CSLB license since 1985.

The flipper is trying to take 4-6000 sq. of his neighbors land by adverse possession under the guise of a mistake by his lack of due diligence.
Sorry brother, this isn't the Wild West where some dipshit can simply come in and take Real Property.
He should have his ass sued. JMO.

 

[2FORCEFULL]

on my last build..... I fought the surveyer..... the neighbor..... the title co. and mohave co.... it ended when the head of mohave county told all of them they were wrong and I was right... now when you go to mohave county, the first thing they say is that they can't give advise about property, people come up with al kinds of stuff that they seen on gun smoke about property lines...lol...

 

[NicPaus]

thats a huge assumption.... the most dangerous man ever is the one that thinks he's right..... the one that is , always wins...

Can the property line change due to fence location in Havasu?

I know in CA it does not. Survey determines the property line not a fence. The neighbors can claim easement rights to the property they have been using in CA. But not claim the property. Property tax is paid by the owner of the lot based on lot size regardless and to verify lot size and property lines a recorded survey is needed.

 

[2FORCEFULL]

So have I. B1 CSLB license since 1985.

The flipper is trying to take 4-6000 sq. of his neighbors land by adverse possession under the guise of a mistake by his lack of due diligence.
Sorry brother, this isn't the Wild West where some dipshit can simply come in and take Real Property.
He should have his ass sued. JMO.

so....you are pretty funny... was that your goal... you win... I LMAO... so just to get real here.... did you pull permit history???? are you basing your claim of property lines on the the toe of a pretty girl in a pic????? pretty sure you will get a roar out of the court room when you make that claim....

this is the kind of advise that gets people in dispute.... I STILL HAVE YET TO SEE ANYTHING THAT SHOWS WHERE THE PROPERTY LINE REALLY IS...

 

[NicPaus]

So have I. B1 CSLB license since 1985.

The flipper is trying to take 4-6000 sq. of his neighbors land by adverse possession under the guise of a mistake by his lack of due diligence.
Sorry brother, this isn't the Wild West where some dipshit can simply come in and take Real Property.
He should have his ass sued. JMO.

They can not take it. But they can use it and not be stopped in CA. I lost a lot of sleep over this earlier this year. And learned something new. If in CA you need to say no or stop them from using your land or they gain rights to it.

 

[2FORCEFULL]

Can the property line change due to fence location in Havasu?

I know in CA it does not. Survey determines the property line not a fence. The neighbors can claim easement rights to the property they have been using in CA. But not claim the property. Property tax is paid by the owner of the lot based on lot size regardless and to verify lot size and property lines a recorded survey is needed.

NO IS THE FIRST ANSWER.... and yes is the secound... you have the right, pretty much every where to stop trespassers, use of property belongs to the owner...

 

[MSum661]

so....you are pretty funny... was that your goal... you win... I LMAO... so just to get real here.... did you pull permit history???? are you basing your claim of property lines on the the toe of a pretty girl in a pic????? pretty sure you will get a roar out of the court room when you make that claim....

this is the kind of advise that gets people in dispute.... I STILL HAVE YET TO SEE ANYTHING THAT SHOWS WHERE THE PROPERTY LINE REALLY IS...

And win the muffler man of the year!

 

[2FORCEFULL]

They can not take it. But they can use it and not be stopped in CA. I lost a lot of sleep over this earlier this year. And learned something new. If in CA you need to say no or stop them from using your land or they gain rights to it.

I couldn't read what the pic... but.. most of these newer laws pertain to land lock situations... even though the easy way to your lot was to cut through the neighbors land was used,... if he puts up a fence to stop you, you have to go around... but if thats the only way in... you could win the battle

 

[NicPaus]

I couldn't read what the pic... but.. most of these newer laws pertain to land lock situations... even though the easy way to your lot was to cut through the neighbors land was used,... if he puts up a fence to stop you, you have to go around... but if thats the only way in... you could win the battle

That is another type of easement that we dealt with for years on a property in apple Valley. Been around forever.

The one I posted is something I just learned and very frustrating. Might only be a CA thing as it is such bullshit. But having a friend just go through it and Me being faced with the same issue was a eye opener. If they use your land for 5 years or more they have prescriptive easement rights to it. Any purchase of property from here on out I will check every fence line location.

 

[2FORCEFULL]

And win the muffler man of the year!

I have many talents,.. but the best one is to know what i'm talking about...

heres a land question for you..

the land owner allows a horse, a deer, and a cow to Graise in his lot...
the cow shits in pies, the deer shits berrys, and the horse in clumps....how come???