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Old 03-14-2014, 06:47 AM  
beachguy005
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You need to find out what the property rights are for your state. Adverse possession, aka 'squatters rights" varies quite a bit state by state. Fence location is usually governed by local building codes. Some allow them on the property line and some require setbacks off the property line. I went through this before and it gets expensive if it goes to court. Always get a survey before buying, especially if there are obvious encroachments on a property.



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Old 03-14-2014, 03:09 PM  
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From various comments in this thread, I get the impression that you are viewed as an outsider by many of the locals...or you may be unnecessarily defensive. Did you just parachute into this community or did you scope it out before buying? And why did you buy there?

Now don't get me wrong. You have a right to defend your boundaries, but the local culture seems a lot more casual than what you expected.

Also, be careful about how much you invest in that fence. Even a metal fence can be damaged, defaced or destroyed. May be better to just plant a row of thorny roses along the driveway.



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Old 03-14-2014, 04:26 PM  
nealtw
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It still sounds a bit hooky but if you can get to where you are sure you are right and the land should be yours. At that point you could go to a laywer anjd he will charge you $X and tell you how difficult it might be but if you give him a retainer of $X he will start looking into it and then you have to decide whether it is worth the fight when yoiu may are may not win in court and the cost of the case could be more than the land is worth.
Or you gather up a few friends and in one busy day you pick up the shed and move it and build a solid fence down the propety line. Now the nieghbour has to pay for survey and pay a laywer and make the tough decissios.

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Old 03-15-2014, 11:23 AM  
Wuzzat?
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Nolo Press has at least one book on "neighbor law". Your library might have it.

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Old 03-17-2014, 03:07 PM  
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http://www.justanswer.com/law/100iv-neighbors-shed-property-six-feet-tried.html
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Old 03-17-2014, 09:12 PM  
slownsteady
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just a thought: If you bought the house recently and there was no "irregularities" found in the title search, then you should have no problem getting this issue straightened out legally.

On the other hand, if it has been passed into the deed, and you (or your lawyer, or your realtor) didn't notice it before the closing, then you may be SOL.

Of course, I am assuming that you bought the property recently, because this is the kind of dispute that doesn't just pop up all of a sudden....

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Old 04-02-2014, 08:40 AM  
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Unfortunately there seems to be some 'squatting' type of rules i am starting to think the surveys are probably right about it at least in the sense it would not be worth the effort. I asked the surveyor at the time how it could be possible i could lose 5' that they could have 55' and me only 45' What he said was that i can still claim 50' going the other way. I had sort of forgot about that, because now i will have problem with that guy. Since there is no fence on the left side of the house, it is all open.

The other thing is there are 'unique' features of the property, means there is 2' extra feet allowed for some reason at the time. So what i gather is that i can measure 52' from the new property line they drew. I can see this old man is going to freak out because he's losing about 7'. But he was there at the time last year when the surveyor came and agreed about the 2'.

I wonder if can anyone access the land deeds? It would be good idea, i take it all you need is the property number? Has anyone done it? Considering the expense of land surveys it seems better to just put the fence up as best as i can because even with a survey nobody is gonna happy.

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Old 04-02-2014, 08:52 AM  
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Just got off the phone, land office search is $8 per property. I don't know why i didn't think of this before!

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Old 04-02-2014, 10:01 AM  
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Quote:
Originally Posted by Jungle View Post
Just got off the phone, land office search is $8 per property. I don't know why i didn't think of this before!
Seems like that's the place to go next.
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Old 04-02-2014, 10:12 AM  
Wuzzat?
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Quote:
Originally Posted by Jungle View Post
I wonder if can anyone access the land deeds?
You'd be surprised what is in the public record.

I had a crooked attorney who let slip that I and anyone could go to the courthouse and look up the divorce hearing transcripts & records of another crooked attorney.
Those records were 4" thick and that second crook was not happy that I now had something on him besides just my opinion. He promptly lied to a judge to get those records sealed.

My mortgage company is trying to bluff me out of at least $50 and I had to take a trip to the courthouse so I had the knowledge to block their attempt.


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