After having 2 surveyors report (his and mine), it is clear that thais wall is about 6' inside my property. I tried to handle it like a gentleman. But he claims it belongs to him . Appreciate a real estate attorneys opinion.
2007-07-06 10:47:48 · 8 answers · asked by Mr. AL 2 in Business & Finance ➔ Renting & Real Estate
I have lived 6 years in this house and him over 30 years in his.
Last year we discovered that property lines were off. He took back his backyard portion about 800 squar feet)by fencing it without my permission.
Now he doesn't want to buy or give back my front portion. He has built a concrete wall several years ago without permit and now he says it was there when he bought his property.
2007-07-08 11:36:49 · update #1
.. . . . . . NO YOU CAN NOT.
1) The wall has been there more than seven years.
2) The wall was there when you bought the property.
3) You knew about it than and still bought the property.
4) All that surveyor did was give you "heartburn". He knew his work was inappropriate and irrelevant; the lot line goes with the wall
5) He didn't tell you that.
6) Your course of action if any is against the surveyor.
2007-07-06 23:40:11 · answer #1 · answered by Willems_grandpa 3 · 0⤊ 0⤋
You will be sued and lose this case every time in court. If you feel it should be taken down, do it the proper way and follow the law. If a judge finds you have the right, then do it. If that wall has been up for lets say 7+ years, good luck. You most likely will not be able to touch it.
2007-07-06 12:52:05 · answer #2 · answered by frankie b 5 · 0⤊ 0⤋
The question is do you really need the extra six inches and do you want to pay for a new fence to be put up? Sometimes it's better to keep the peace with your neighbor and let the small things slide. Especially when it's the person right next door.
If this is something you really want to do, then do it legally and don't get yourself in trouble over something so petty.
2007-07-06 11:55:45 · answer #3 · answered by Mark M 2 · 0⤊ 0⤋
Do not take the law into your hand I live in CA and a friend of Friend tron down the fence that was on his property, it became a criminal case and he was fined too. There are some state if its more than 5 years it becomes the neighbors..
2007-07-06 11:48:39 · answer #4 · answered by Isabella789 4 · 0⤊ 0⤋
Depends on how long the fence has been there and whether or not anyone has disputed the property line in the past. He MAY own it under the concept of 'adverse possession'. Get all your information together and seek the advice of a qualified real estate attorney.
2007-07-06 10:52:46 · answer #5 · answered by acermill 7 · 4⤊ 0⤋
I am reading 6 feet, not inches, which is a LOT of land.
You can sue him and get a court order to tear it down. And, the good news is that your Title Insurance will cover this! You are defending your title to that land.
If you are less viceous you can go after the fact that he build the fence w/o proper permits, as the survey would have been required to obtain the permit.
2007-07-06 12:08:27 · answer #6 · answered by Landlord 7 · 1⤊ 0⤋
What's the difference to you whether the fence is wood or brick? Law states that any party wanting to build a fence, a wooden one for instance, they have to have the proper side facing you. A brick fence will be much better because they will last for a long time and are better sound barriers and you can't see through brick.
2016-05-20 00:54:32 · answer #7 · answered by Anonymous · 0⤊ 0⤋
There are so many questions...
Please send me an e-mail and let me know:
How long you have been in the house.
How long the neighbor has been in the house. (estimate)
When the wall was constructed.
This information is critical before one can advise you on how to proceed.
2007-07-08 04:33:42 · answer #8 · answered by Expert8675309 7 · 0⤊ 0⤋