My neighbor next door has taken into head that she can build a fence on our property; which she claims is hers. Here's the problem the land in 1952 says we bought for the entire plot. She handed us a paper from the tax office and said no this is right and it shows our property is cut in half. The people at the court house (deed and records) says the one in 1952 is right; there's no record of the other one. The people; deed place also said that if what we bought all the property of 1952, which is a subdivision she can't change that. We're (me and my husband) are confused as to who is right and who's wrong? She's already lined off the house and put stakes. Who's right and who's wrong?
2007-05-19 08:25:53 · 11 answers · asked by Buny H 1 in Politics & Government ➔ Law & Ethics
You need to get a surveyor, also contact the Title Company
because they issued the title to you and your title insurance
my pay to have the surveyor certify the property lines.
You neighbor can not legally put a fence on any portion of
your property, not even if it just straddles you line unless
you agree to it, this would then be a common fence.
Depending upon the local laws of your city/county she may
require a building permit, go to the local agency and ask
them to put a stop order on her construction until you
get the legalities straightened out.
2007-05-19 08:53:25 · answer #1 · answered by justgetitright 7 · 0⤊ 0⤋
1952 is over 50 years ago. Even if she is right, and you are squatters, it is too late for her to do anything about it anyway.
First, if you both belong to a home owner's association, you can ask them for a cease and desist order to get her to stop building the fence until the issue is resolved. That will cost you no money what-so-ever. If no HOA, then move onto the next step.
When you bought your house, you took out title insurance. Find that policy and call the Insurance company and tell them she is attempting to take your property over a title issue. They will have to deal with it. Ask them first, to get a cease and desist order so she will stop building the fence.
If your neighbor is right and she can put the fence where she says she can, you got a claim against the title company that did the title search (because they failed to find the newer document) and the title insurance company.
If your neighbor is wrong, the title insurance either will have to fight her in court to make your title valid OR they will have to pay you for the error by the title company.
Either way your title insurance should protect you financially because that is what you bought it for.
2007-05-19 08:56:41 · answer #2 · answered by forgivebutdonotforget911 6 · 0⤊ 0⤋
You will need to complete a legal survey and/ or take it to civil court to get a judgement. At this point about all the police can do is keep the peace but can not get involved in the civil property dispute itself. This is probably going to be a lenghty process and may cost you quite a bit for a lawyer but sounds like you have a good case, city tax maps and info are often wrong.
Contact an attorney ASAP. To try to get something done quickly see if you can get an attorney to get the court to issue an order prohibiting any action on your neighbors part until this is settled.
2007-05-19 08:38:45 · answer #3 · answered by CountyMounty 4 · 0⤊ 0⤋
You will need to get a stake survey done to establish the correct property lines. If they are building on your property without an easment, they you have the right to sue them or damages. Contact an attorney in your area to discuss this with the auditor office. What you are indicating does not sound right to me. If someone did not file the proper paperwork for the deeds in 1952, I don't know what to tell you.
2007-05-19 08:31:08 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Hire a land surveyor to measure your property according to the deed filed with the city. Then, go to the court and ask them for an order to stop the construction of the fence. If your neighbor do not stop it, you can call the police.
2007-05-19 08:37:43 · answer #5 · answered by Millie 7 · 1⤊ 0⤋
If your deed shows that the property is entirely yours and this deed is the one on record at the court house you own the property and she has no rights to it She is in the wrong to have lined off the house. you can go to the court house and get all of this explained to you and you can go to court and place a restraining order against her based on harrasment and trespassing
2007-05-19 08:40:25 · answer #6 · answered by cowboyjim376 2 · 0⤊ 0⤋
You should hire a surveyor. He will be able to give an accurate description of both properties. Let your neighbor pay half. This is the only way to settle this dispute. Your neighbor should not put up any fence until this matter is settled. Otherwise she will be trespassing.
2007-05-19 08:34:15 · answer #7 · answered by peach 6 · 1⤊ 0⤋
I would get the area surveyed [ check old tax records and see how much land they assessed you and previous owners for ], chalk it off, and put in some stakes so she can't build on your land. Do it quickly, before she builds, so she doesn't do it twice and get twice as upset.
Contact previous owners and see if they have any surveyor tax records. If they don't you might be able to sue for fraud, previous owner and the realtor and lawyer.
The realtor's office should have at least one forwarding address.
2007-05-19 08:39:05 · answer #8 · answered by Nurse Susan 7 · 0⤊ 0⤋
You are going to have to hire an appraiser to come out and figure out where her land is and where your land is.
Once that is done, then I would call the police if she starts to build a fence on your property. Or I would tear it down as it is being built.
Good Luck.
2007-05-19 08:30:21 · answer #9 · answered by nana4dakids 7 · 1⤊ 0⤋
No neighbor cannot build in your property, Acoording to the Tort Act it trespass
2007-05-19 08:54:21 · answer #10 · answered by Anonymous · 0⤊ 0⤋