DIY Home Improvement, Remodeling & Repair Forum > DIY Home Improvement > General Home Improvement Discussion > Neighbour trespasses every day




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Old 07-05-2013, 11:31 AM  
CallMeVilla
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Are you truly ready for the fight that is brewing??

Actually, "eminent domain" is an act by government to take your property. What y'all are discussing "adverse possession." This is where title to another's real property can be acquired without compensation, by holding the property in a way that conflicts with the true owner's rights for a specified period. That specified time is set by State law. An example might be "squatter's rights" or the use of your property for many years without you taking action.

You can identify the property line by locating the surveyor's marker which is usually placed near the sidewalk by the street to identify the property line.


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Old 07-05-2013, 12:35 PM  
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Villa -

You are absolutely correct as "Adverse Possession" being the correct term and I just grabbed the wrong term and started it all.

That portion of the law depends on the individual state.

In my mother's case the corner pins on the road were generally found or could be re-set. The new survey was the surveyors attempt to define the individual lot lines reflecting the owners feelings that were shown by the location of homes and used the established identified pins as a starting point. As I recall, lake lots in that state included a slice of land going to the center of of the lake, so the historic high water is points to use for general reference and no legal points were set. - Especially for locating docks, lifts, etc. that are temporary structures.

Property gets very complicated when dealing the the old "metes and bounds" method that describes a parcel by things like trees, large rocks and streams that could be destroyed over the years and also including compass bearings that get warped locally by some rock formations.

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Old 07-05-2013, 01:26 PM  
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What i understand in this province there is nothing like that. The property line is what it is.

I think if i contact the city they check it out and order take down of the shed if over the property line. Like any illegal structure built without permit. What i can tell it maybe just the 5" overhand this over, not the actual shed.
Anyways i measured the front and back of both our lots because they are the same size, 50' x 150'. I figured this is fairly accurate and fair? 50' of frontage. I checked three times sure enough 50' checked from both the other neighbours property fences along the tarmac. The 50' lands right in the middle of their drive way. Another 1' over as seen in the picture. So how can anyone argue with that?
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Old 07-05-2013, 02:24 PM  
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I agree that the city might tell them to remove the overhang but the set backs maybe different than the set back for houses but they will require a survey and they won't pay for it. If they make a ruling in your favor it will still be up to you to inforce it legally. Call the city.
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Old 07-07-2013, 10:13 AM  
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I talk to the old guy at 386. He says that two brother got the land and spilt in half and built the houses. The same family build all these cord wood houses start with 8 in 1943, then 386, 388, then me 387 in 1949. So there was a garage before where the shed is now that was built there by the two brothers presumably to facilitate construction of the houses.

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Old 07-07-2013, 11:23 AM  
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If a building was there when the property was divided, it might be on the city survey drawing.
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Old 07-07-2013, 02:04 PM  
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In favor of getting a new survey is a reason no one has mentioned yet "liability " If your neighbor gets hurt on your property, even if she is trespassing, you are liable for her damages. If I were in your shoes, I would get a new survey and install a fence, preferably by a ligitimate fencing company, that will be knowledgeable of all the rules. I would further check with your insurance company
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Old 07-07-2013, 03:43 PM  
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I own a narrow strip of land across the highway - it butts up to my neighbor's land. I could camp out on it or insist my neighbor not use it, but all it would do is create a lot of misery for me in the long run.

If they are not damaging your property, my advice would be to let it go. You might consider living in country, but as I have found out, these kind of things still can happen.
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Old 07-07-2013, 04:24 PM  
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Nothing more entertaining than a spite fence or disputed property line when all the background is not revealed.

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Old 07-07-2013, 08:59 PM  
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To purchase the house today, a title search must be conducted which would include a complete parcel map. THAT map is available from any title insurance company for a fee. It might be a confusing situation or it might be quite simple.

The main point is that abandoning the land by letting your nrighbors "squat" on it for years could mean you have lost your rights to it. Get your facts FIRST. Then formulate a plan that will guarantee ownership and a clear title.


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