Neighbour trespasses every day

Discussion in 'General Home Improvement Discussion' started by Jungle, May 31, 2013.

  1. May 31, 2013 #1

    Jungle

    Jungle

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    The way the property line is that she parts her car with the wheel about 1" from the property line. Obviously every time she gets out of the car she is on my side of the property. (there is no fence yet.)
    The next thing is their shed is also on the property line and the overhang is about 6" over my property.

    At first i thought it was a sort of honest mistake, but now i see these people are very cheap and sneaky. It is just plain rude. They park their cars in the drive way then use my drive way to get into their backyard! The problem is they will have to width their own drive way, is not my problem.
    I should to talk to them, but it is not like they don't know what they are doing is wrong... I have a good mind to build a fence and send them the bill before cutting down the roof of their shed. The previous owner also complained about these people. Guess what they are jehovas, i guess love their neighbour has a different meaning for them. More like take from they neighbour.:mad:
     
    Last edited: May 31, 2013
  2. May 31, 2013 #2

    WindowsonWashington

    WindowsonWashington

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    Rules are rules.

    If you were to ask the county, I am sure they could make them move or remove the shed.

    I would try talking to them first.
     
  3. May 31, 2013 #3

    nealtw

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    You would likely win every fight if you're right, but there is nothing worse than living beside someone you're fighting with. The trick is to find the right tone when you start the disscusion.
    First trick is to make absolutely sure you are right. you would hat to start something just to find you were wrong about where the line was. Even if you have corner pins for your lot, they can be moved or bent, you need a site plan for the neighbourhood so you can check them too. Once you have that proved run a tight bright coloured string along that side or do the whole lot so it doen't look like you were looking for a fight. After a few days just go and tell the you were thinking about a fence and the shed seems to be a problem and judge their mood from there.
    If you do build a fence, you had to do this work anyway.;)
     
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  4. May 31, 2013 #4

    CallMeVilla

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    Check with the city or county about set-back requirements for permanent structures. This would determine if their shed is in violation or not. I like Neal's approach because it is subtle but clear.

    In law, remember that abandoning your property by creating a pattern and practice of them using it could be a problem ...
     
  5. Jun 1, 2013 #5

    neilorrick

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    Yes you first check out the rules about permanent structures and find out their shed is illegal or not. After that you inform them about the situation if they didn't agree to remove then take the legal action because it's your right.

    new homes melbourne
     
    Last edited: Jun 6, 2013
  6. Jun 1, 2013 #6

    Frank0

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    Perhaps they need a good talking to, perhaps a bit more...

    2697972007_e740d7021e.jpg
     
    Last edited: Jun 1, 2013
  7. Jun 1, 2013 #7

    JoeD

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    I would not like to live next door to you. The shed is obviously a problem but complaining because the walk on your property when they exit their car, Get over it.
     
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  8. Jun 1, 2013 #8

    Speedbump

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    Way back when, my Dad's neighbors built a garage right on the property line with the overhang over the line. The setback was three feet back then. He didn't pursue it and now, the Township won't do anything about it because it's been there so long. It has been a lot of years now and the garage looks like it could fall down in a slight wind.
     
  9. Jun 1, 2013 #9

    oldognewtrick

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    Agreed. My neighbor even cuts the strip of grass between my driveway and lot line if he cuts first.
     
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  10. Jun 1, 2013 #10

    oldognewtrick

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    Maybe it might need a lil persuasion in the middle of some windy nite. ;)
     
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  11. Jun 2, 2013 #11

    Jungle

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    Well i put a couple of 2x6's along the proposed fence line. Now she parks her car about 10" away from it but still must step over it to get out of her car. I guess it is fence time.

    I'm going to put some poly on the side of the shed and the new fence, that should cause it to rot pretty quickly.
    What do you think about these composite stuff for the fence? Will it fade to pink? I was going to frame it with wood.
    [​IMG] Another option is some metal roofing i found on kijij, looks a bit strange profile for a fence. Probably better no?
    [​IMG]
    I'd like it look like this:
    [​IMG]
     
  12. Jun 2, 2013 #12

    Blue Jay

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    I would check to make sure you can put the fence right on the property line. Also how are you going to put the finished side of the fence to them without being on their property?
     
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  13. Jun 5, 2013 #13

    luckywinks

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    I'm in the same boat as you and feel similarly. I recently converted my ugly lawn to a conservation garden though a program with the city. I didn't mind so much then but when they park their cars and big trucks and step out into my garden, now I'm angry, They simply need to be more mindful of their space and provide enough room for their vehicles and passenger's exit. I never granted them an easement over my front lawn!

    My solution is to build a 3-4' cinderblock wall along the driveway which is very customary for our area -- many homes have this type of separation. Our city allows this height at this area and I plan to have this done as soon as I can afford. In the meantime I've thought about stacking a few of these blocks in the area where the "issue" is really a problem to put them on a visual notice a wall is coming soon. In this way they will see the beginning of some planned construction and take notice and hopefully begin to make some adjustments. I'd like to see how it might look anyhow and live with it before it's permanent fixed into place.

    I see my neighbors from time to time and have light chit chat and have had to ask them previously about moving their trash cans off our shared property line outside my bedroom window and to move behind a gate. They seem to enjoy leaving their trash in street view all week long and it smells of dog feces as well. They were kind enough to move but refused to relocate behind a gate, thus continuing to violate a local code. I don't want any trouble with these neighbors but I do want live among people who follow the laws and are generally thoughtful and respectable folk.

    I hope you can find a way to create a boundary that respects each other's properties in a friendly manner. I also sunk 2 x 4 posts in concrete every few feet and installed plants and have plans to attach some trellis at a future point on this same neighbor side. I may also add cinderblock here but am not certain just yet but this also puts them on notice. This is where they used to park their trash bins back towards the gate. .

    image-311440020.jpg
     
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  14. Jul 1, 2013 #14

    Jungle

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    Part of the problem is that i have big pine tree in front of the house, so you need a tent or something pine sap will hit your car etc. Which i have for my car.
    So if put the fence there she will be forced to park in the front under the tree as well.
     
  15. Jul 2, 2013 #15

    nealtw

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    Where I live they would be allowed to trim any of the tree that was over their property.:rolleyes:
     
  16. Jul 2, 2013 #16

    mudmixer

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    If you are building a spite fence, make sure you know exactly where the property line is and that may require a survey unless undisturbed iron pins are found.

    Do not place the fence directly on the property line since the other side then owns half of the fence. - Offset the fence slightly.

    Keep it on your property and do not disturb the adjoining property and you may not be allowed to maintain the other side, so treat it with stain/preservative before erection.

    Check with your local municipality to determine which side should be exposed ("good neighbor policy").

    When is comes to local disputes, the property line can affect what can be done without penalty.

    Also, keep your volume down on the music.

    Dick
     
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  17. Jul 4, 2013 #17

    Jungle

    Jungle

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    Well i put sinder block and old wood on top of it to make a mini fence. A bunch came over on the weekend and they use my drive and front of my house as they like. I figure this is the best way since it is not permanent yet. I also wonder if i put the fence if they would damage it some how with their truck doors. So i think this is a good start.
    The property line is not hard to see because they built a fence themselves in the backyard and it follows the other neighbours, i also have the property map.

    drive.jpg
     
  18. Jul 5, 2013 #18

    Jungle

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    This is getting stranger.
    I talked to the women's daughter and she is claiming some like 30 years ago there was garage there etc.
    So i decided to measure the distance between the houses, she is already getting 2 extra feet. Is it fair to assume the property line might have been right between the two house equal distance? Well that was my thought so i measured the frontage, we both have 50ft. This is maybe the best way is to measure our frontage?
    From what i can tell the property line is over even further, the shed is maybe 1ft over the property line.
    It looks the back neighbour8 is losing 1-2 ft too. I think the best thing is complain to the city and have them look into the shed and decide where the property lines is. They will order the building removed, that would be the only way unless she agrees. That way it will be settled.
    See 384, then 8 the fence continue the same line. I was going by 8's fence, so in conclusion the property line must be in the exact middle of the driveways.

    street property23.jpg
     
    Last edited: Jul 5, 2013
  19. Jul 5, 2013 #19

    mudmixer

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    Jungle -

    I suggest you get a survey to determine the actual property corners.

    Since the neighbor knows there was a garage there in the 1970's, you could have lost the property under the shed (and possibly more) based on the concept of "Eminent Domain" if it was allowed to exist long enough without being contested. All it could take is a photo with some background identification as evidence the garage existed

    My mother found out her lake home was about 5' on the neighbors property for years. The neighbor found out his was about 6' on his other neighbors property, and so on down the lake shore (some with multiple lots). The problem came from assuming the dividing property lines were perpendicular to the pins on the road, but all the lots on that side of the lake had the same problem. Since about 15 of the 20 landowners there relatives they had a new survey to be done and everyone agreed and signed with what the surveyor suggested as a common solution. Everyone was worried about the complications when someone tried to sell or people started dying and the kids could inherit a big mess and a lot of hard feelings.

    Dick
     
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  20. Jul 5, 2013 #20

    nealtw

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    "Eminent Domain" ussually only counts when the owner was aware and took no steps to stop it. Just saw that some guy has to remove his inground pool that a preveouse owner installed and the new neighbour wants his land back.
    The city won't resolve this they will just tell you to get a survey then if it is on your property, they will tell you to settle it your self or go to court.
    The distance between houses can't be trusted, the code would tell you the min. distance the house can be from the line, if you new what the code was at the time the houses were built and even then they could be out an inch.
    You will need a (certified survey) before you get to excited about anything. evan the pins if you could find them, can't be trusted.
     
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