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Posted: 9/12/2024 7:39:18 AM EDT
[#1]
Lawyer up yesterday.
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Posted: 9/12/2024 7:39:21 AM EDT
[#2]
I ran into this with a rental property that the neighbor kept pushing boundaries on, claiming it had been given to her.
I had it surveyed and flagged, the neighbor kept moving the flags, so I had to bite the bullet and put a fence up. As a marine contractor I now run into property issues when building docks, people claim they own property that they do not. Lawyers and surveyors fix things. |
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VA, USA
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Posted: 9/12/2024 7:39:49 AM EDT
[#3]
Quote HistoryOriginally Posted By HotHolster: Check your local code, some places require a certain distance off property lines for building, whatever they are putting there, be it a house , town home , whatever, may be too close to your property line. Remember the words "causing irrepairable harm to your property from the improperly placed drain, by flooding your property" in your talks attempting to rectify the situation. This is exactly the kind of advice I was looking for, thanks man! |
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Posted: 9/12/2024 7:42:01 AM EDT
[#4]
Why haven’t you parked a clapped out RV on your property line?
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Posted: 9/12/2024 7:47:39 AM EDT
[#5]
If it's your property, just fill the end of the pipe with concrete. Let them make an appointment to talk to you.
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Posted: 9/12/2024 7:48:45 AM EDT
[Last Edit: Palm]
[#6]
The only thing they will pay attention is a letter from your lawyer to the principal of the project that starts with the words, “You are hereby served notice…”. It cost money for a lawyer because they bring value to the table.
They know who to send the letter to and what to say to get them to stop. Lawyers don’t mix words. They craft their demand letters so as to support a future court suit. The principal of the project knows the trigger words the lawyers use; and won’t act accordingly until he realizes he is dealing with a Belgian Malinois who will rip his balls off instead of a barking chihuahua. The guy on the ground actually doing the work is working off a set of drawings and will install it exactly as the plans dictate. They get paid to do what the plans say to do. They also get paid to do it again if the plans have errors and omissions. |
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USA
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Posted: 9/12/2024 7:50:34 AM EDT
[#7]
I am sure those setbacks are not to code, how did those plans get approved? Nobody checked the property lines be for the build started? Somebody's head needs to roll.
 
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Posted: 9/12/2024 7:54:54 AM EDT
[#8]
Had about the same problem when selling my grandmother’s house.
Had a survey done and found my neighbors fence was a foot over the property line. Filed with city about it. The city gave the neighbor 30 days to move the fence or pay us for the 1 foot by 125 foot chunk of the property. They would also have to pay the taxes on the land to us that my grandparents had paid for reimbursement then pay the city for 10 years back taxes. Neighbor paid us 10k for the chunk and the city 3k for taxes. |
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CT, USA
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Posted: 9/12/2024 8:00:06 AM EDT
[#9]
I just went through this. I talked to 2 of the 3 neighbors who all were encroaching on my land. Then I had it staked, and the people behind moved their waterline and fence posts. The other 2 idiots it took a letter from my attorney to remediate the damage their activities caused to my land. Hire an attorney and let him deal with it. They will spell out the consequences and costs if the offending party fails to act in a timely manner.
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Posted: 9/12/2024 8:08:33 AM EDT
[#10]
We've been in a legal dispute with our neighbors for a few years now. Surveyor put a pin 25 ft from where it should've been a long time ago. They put 3 trailers over the correct line (one is over the incorrect line too), as well as a septic, power, and a well.
Neighbor signed an agreement to install a fence and clean up their trash from our property, acknowledging the error and releasing any claim to the property her trailers are sitting on. They failed to finish the fence or clean up their trash so we terminated their license to occupy our property and gave them 60 days to vacate. That didn't happen so we are now dragging through the court system. They finally came and crushed/filled the septic that was on our property this week- 10 months after it was supposed to occur. I'm so close to just pushing their trailers back across the line with my tractor 
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Posted: 9/12/2024 8:15:32 AM EDT
[#11]
 Armagnac business is dangerous |
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Posted: 9/12/2024 8:16:36 AM EDT
[Last Edit: SMT85]
[#12]
your doing everything i would of tried . talk to the GC if there is one, get the twp engineer and code guy involved, getting a lawyer to send a letter
next is i would remove it my self if none above works but they all take time and months to get this kind of crap resolved so good luck and good job on being as patient as you have been, any kind of soil conservation division in your area might be all over the water on your property but every twp state is different ultimately we want the pipe moved on to there side and im sure they will top soil and re seed eventually but thats probably how it will end up id guess at the dispense of your aggravation and there incompetence soil erosion is a big deal in our state and silt fence is required for all permitted work earthwork/excavation at the boundary helps prevent these kind of things |
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Posted: 9/12/2024 8:28:40 AM EDT
[#13]
Neighbors that ignore property lines are literally “give em and inch and they’ll take a mile”.
If they won’t listen, get the town involved and assert your right. Cut that pipe right off at the property line and put a fence in front of it. |
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Posted: 9/12/2024 8:31:32 AM EDT
[#14]
ask them to move it.
If they don't, get a lawyer. I would not want that on my property. I have good neighbors, but i still denied letting them dig a swell to drain their flood water on to my property. There were other options. |
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Posted: 9/12/2024 8:48:57 AM EDT
[#15]
as said a bunch of times you need a lawyer at least once for the first letter to get the owners attention your Not messing around ...it only took one letter on my deal but no movement with talking with all parties prior they blew the whole thing off until a letter hit all parties.
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Posted: 9/12/2024 8:55:45 AM EDT
[#16]
Quote HistoryOriginally Posted By Oldgold: First: I would have it surveyed to make sure. That's the first question whomever will ask. Then the next hour I would build a fence. Any thing on your side of the fence do as you will. Day 1 you should have done this. |
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Posted: 9/12/2024 8:57:54 AM EDT
[#17]
Honestly…
Forget the attorney. Hire a Relator & sell the house. This is but the first in what will end up being many, many, many problems that will arise living next door to a bunch of townhouses. People mostly suck these days. The more of them around you the worse off you’re going to be. Happiness & peace are well worth whatever monetary price you have to pay to posses them. |
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Posted: 9/12/2024 8:58:22 AM EDT
[#18]
Get a 4 pack of Arlo Cameras and place them on your home and trees to document what they are doing while you are away.
Battery Powered Cameras |
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Posted: 9/12/2024 9:01:20 AM EDT
[#19]
Property line disputes are the worst.
Adverse possession claims even worse. Atleast in my state if you acknowledge something is there even informally and give half ass permission you are good to go. If you don't. And you don't have them move it for ten years they have an adverse possession claims |
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Posted: 9/12/2024 9:02:27 AM EDT
[#20]
I'd be out in my tractor digging that shit up and filling it all back in. I would be taking time off to deal with that. I would also be calling my lawyer and the authority that issued permits. I'd go in dry for that.
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BHS
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Posted: 9/12/2024 9:05:44 AM EDT
[#21]
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TN, USA
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Posted: 9/12/2024 9:09:49 AM EDT
[#22]
We bought a brand new house that was built beside an older house. We worked a deal with the builder to put up a privacy fence or we wouldn’t buy. The neighbor in the older house actually help build the fence. We got into it about a year of moving in and he says the fence is on his property and I needed to pay a surveyor to double check and if so he wanted the fence moved. I told him if he wanted it surveyed he could pay for it if not fuck off. He never brought it up again. Living beside neighbors like that is a living hell and I was glad to sell that house and get away from the trash next door.
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VA, USA
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Posted: 9/12/2024 9:10:06 AM EDT
[Last Edit: Seatbelts]
[#23]
Well it's 9am so I figure they either didn't come today or decided to fuck my shit up and not call.
Either way I have a lot to think about. I'm trying to be nice but the more I think about it the closer I am to welding a 90* elbow on that mother fucker so it flows where god intended. On his land. Oh and I forgot to mention, there's a creek at the bottom of that slope. Another 10ft past the back corner But realistically I'll be going to the city asap and I guess looking for a fucking attorney 
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Posted: 9/12/2024 9:12:37 AM EDT
[#24]
Quote HistoryOriginally Posted By Palm: The only thing they will pay attention is a letter from your lawyer to the principal of the project that starts with the words, “You are hereby served notice…”. It cost money for a lawyer because they bring value to the table. They know who to send the letter to and what to say to get them to stop. Lawyers don’t mix words. They craft their demand letters so as to support a future court suit. The principal of the project knows the trigger words the lawyers use; and won’t act accordingly until he realizes he is dealing with a Belgian Malinois who will rip his balls off instead of a barking chihuahua. The guy on the ground actually doing the work is working off a set of drawings and will install it exactly as the plans dictate. They get paid to do what the plans say to do. They also get paid to do it again if the plans have errors and omissions. That's a fact. I was amazed at the skill with which my lawyer made a problem go away with a simple letter like that. |
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Posted: 9/12/2024 9:18:10 AM EDT
[Last Edit: AmericanPeople]
[#25]
Quote HistoryOriginally Posted By liber45: I am sure those setbacks are not to code, how did those plans get approved? Nobody checked the property lines be for the build started? Somebody's head needs to roll. Do not assume that the reduced setbacks got a variance. Verify. |
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Posted: 9/12/2024 9:20:39 AM EDT
[#26]
Quote HistoryOriginally Posted By Seatbelts: Well it's 9am so I figure they either didn't come today or decided to fuck my shit up and not call. Either way I have a lot to think about. I'm trying to be nice but the more I think about it the closer I am to welding a 90* elbow on that mother fucker so it flows where god intended. On his land. Oh and I forgot to mention, there's a creek at the bottom of that slope. Another 10ft past the back corner But realistically I'll be going to the city asap and I guess looking for a fucking attorney Except there is no alternative when they are needed. |
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Posted: 9/12/2024 9:27:50 AM EDT
[#27]
Had something not like that at all, and luckily it was easily remedied last year. That was a concern for me, but I just got lucky I guess. I wonder how they would react if they'd came out to work on the property, and that drain was bent 90 up and the dirt back filled on your property. If they don't want to listen, lots of good advice from the hive mind.
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Posted: 9/12/2024 9:28:09 AM EDT
[#28]
Can you get the cops to trespass them while you call a lawyer?
Otherwise build the fence right now and send them a bill for all the landscaping to repair their damage. |
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Posted: 9/12/2024 9:32:10 AM EDT
[#29]
You really need to call the police to get an incident report. This will go a long ways to establishing circumstances if/when this goes to civil court. You have the pictures documented pretty well it looks like. Be sure you continue to document and note that work continued on your property after the line was marked, after the guys on site were made aware etc.
You need to get the firm you hired to mark your line to come out and plat the location of the new stormwater line at a minimum. I'd also locate the limits of disturbed area as well. Double check your plat to make sure there is not a stormwater or generic utility easement down that sideline also. I'd go to the job box for the site, take pictures of the plans, see what the stormwater and grading sheets have on them in particular. I'd also get the name of the firm and reach out to the project engineer so that he is aware of your concerns. Also, most everyone you've talked with verbally you should ideally follow up with in writing. Get rid of the he said/she said side of things. Start out with "per our conversation" and lay out what was discussed, if they want to rebut it they can but most won't bother. (I'm a PLS and get to go on the stand every now and then on these things. I've seen what works pretty well.  ) You are pretty well into territory where you need to retain legal counsel.
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Posted: 9/12/2024 9:40:30 AM EDT
[#30]
Lawyer up
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VA, USA
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Posted: 9/12/2024 9:49:37 AM EDT
[#31]
I do agree with the others in that if you get any push back, you're likely to need an attorney.
What people suggesting an attorney always seem to leave out though, is how much is going to cost you. If a simple letter scares them enough to correct it, you may get off without it being too bad. If they ignore the letter, you're likely going to end up spending a ton of money. The lawyer I used earlier this year was $450 an hour. To do a contract which both parties agreed to, and a few changes throughout the process ended up being almost $5k. If you have someone who wants to fight you, you could easily spend 2-3 times this, if not more. Most people don't have $10k+ to toss at an attorney over something like this with the hopes of possibly one day recovering the cost. The developers know this, and that's why they do this kind of thing. It's an indication of how messed up this country is, when the victim has to front that kind of money to protect what's rightfully theirs from the start. |
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Posted: 9/12/2024 10:00:19 AM EDT
[#32]
Quote HistoryOriginally Posted By Seatbelts: The tracked bobcat basically. I just always called it an ASV Quote HistoryOriginally Posted By Seatbelts: Originally Posted By Paul: What's an ASV? Sometimes people UANEKB making reading the story difficult. The tracked bobcat basically. I just always called it an ASV A tracked bobcat is known a skid loader. |
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NC, USA
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Posted: 9/12/2024 10:03:47 AM EDT
[Last Edit: MFP_4073]
[#33]
sorry you are going through this
sounds like you are right legally -- but it's going to take some effort to get it remedied. it could be 'simple' (a couple of conversations with the right people) or difficult -- lawyers involved. my very first step would be a converstaion with the highest ranked 'GC type guy' that works supervising the crew. THAT guy would know what is fouled up that they are doing and could have it corrected. Just trying to flag down an illegal working a piece of machinery won't fix anything. so first step -- talk to the HMFIC of the project and point out the line and damage. make a journal with dates, names and conversations. get his business card if he has one. take high quality pics like you are doing. based on what he says -- go from there. IMO lawyer would be a potential route -- but i wouldn't go that direction straight out of the gate. |
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Posted: 9/12/2024 10:07:45 AM EDT
[#34]
What is feeding that pipe?
How far from your line is their structure? What is listed on your deed (easements, etc.)? Shouldn’t be hard to find owner of neighboring property. |
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Posted: 9/12/2024 10:09:17 AM EDT
[#35]
Break it off in them.
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Posted: 9/12/2024 10:13:13 AM EDT
[#36]
Quote HistoryOriginally Posted By Seatbelts: Well it's 9am so I figure they either didn't come today or decided to fuck my shit up and not call. Either way I have a lot to think about. I'm trying to be nice but the more I think about it the closer I am to welding a 90* elbow on that mother fucker so it flows where god intended. On his land. Oh and I forgot to mention, there's a creek at the bottom of that slope. Another 10ft past the back corner But realistically I'll be going to the city asap and I guess looking for a fucking attorney Permanent creek? Hello EPA. |
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Posted: 9/12/2024 10:16:12 AM EDT
[#37]
Quote HistoryOriginally Posted By PolarBear416: He owns the structures built in your property, such as the drainpipe. I don't think you can just damage it without bringing legal consequences on yourself. On the other hand he has damaged your property and he owes you making that whole, including paying to restore your property back to the state it was in and removing the drain. Obviously that's lawyers You are within your rights to put up a fence (home depot chicken wire would do) and no trespassing signs to exclude him from your property and then you could send a registered letter demanding compensation for the damage and removal of the drain. You could have a lawyer at least write that letter for you. Ideally what happens is he talks to you, and you come to some agreement. If he needs the land that you own for his development to make any sense then potentially you could sell part of your land to him to make it work for him, and use that money to wipe out a bunch of your mortgage or something. No, he does not own anything on your property. I would rip that shit out of the ground and start my fence. I would rather ask forgiveness than permission. 
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Posted: 9/12/2024 10:19:04 AM EDT
[#38]
Quote HistoryOriginally Posted By feelthepayne: Dig up the drain up to a foot of your property line, cut off the excess and fill the end with concrete and bury it all again.  I like your style. 
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Posted: 9/12/2024 10:21:34 AM EDT
[Last Edit: Hking42]
[#39]
Advice from a retired lawyer: get a lawyer immediately that knows property law/water code law...
Hking |
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FL, USA
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Posted: 9/12/2024 10:22:42 AM EDT
[Last Edit: Pallas]
[#40]
I would call Code Enforcement. Then I would contact a lawyer.
In the meantime. I would have probably drove stakes and run that construction mesh or cable down the line, put a camera on it, and if bobcat guy removed them, I would file a criminal complaint. |
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VA, USA
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Posted: 9/12/2024 10:24:06 AM EDT
[#41]
Quote HistoryOriginally Posted By Oldgold: Permanent creek? Hello EPA. Sorry for the replies to multiple post being in one, I miss multi quoting  Yes permanent creek, large enough they built a like 10x10 concrete sewer to go under the road. And a fun little thing too I can't prove but it's obvious as fuck, but when I was walking the lines I found a huge solidified mass. It was basically a half of a 5 gallon bucket of paint that had chunked up and I guess someone had the brilliant idea of disposing of it in the woods/creek. Also on my property As far as the survey goes we basically paid to mark the boundaries and check the plat. It all checked but we didn't have a new plat drawn. I'm hopeful the lack of a silt fence will get the city interested but who knows. Still no call |
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ND, USA
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Posted: 9/12/2024 10:34:26 AM EDT
[#42]
If you are 100% sure of that survey, push back everything to the property line and get that fence up. Let them send you an angry letter and deal with the building department. It’s your land, they did not approach and ask for permission to encroach on your land before doing it. And as has been mentioned, someone signed the building permit to start construction, and someone is supposed to be inspecting that job. If not, this is what lawyers love to do, it makes them money. Especially if it’s a deep pocket government agency with self insurance.
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Posted: 9/12/2024 10:40:14 AM EDT
[#43]
Call the city / county zoning people. The guys that give permits out and can red tag him until he complys. That pipe can't comply . Then build a block fence even 2 blocks high against the property line
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MD, USA
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Posted: 9/12/2024 10:44:43 AM EDT
[#44]
Quote HistoryOriginally Posted By 9divdoc: Lawyer up "Go asshole early" when it comes to property line disputes. No other solution works; be ruthless, be relentless - otherwise they will bend you over repeatedly. |
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USA
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Posted: 9/12/2024 10:45:38 AM EDT
[#45]
Quote HistoryOriginally Posted By slowr1der: I do agree with the others in that if you get any push back, you're likely to need an attorney. What people suggesting an attorney always seem to leave out though, is how much is going to cost you. If a simple letter scares them enough to correct it, you may get off without it being too bad. If they ignore the letter, you're likely going to end up spending a ton of money. The lawyer I used earlier this year was $450 an hour. To do a contract which both parties agreed to, and a few changes throughout the process ended up being almost $5k. If you have someone who wants to fight you, you could easily spend 2-3 times this, if not more. Most people don't have $10k+ to toss at an attorney over something like this with the hopes of possibly one day recovering the cost. The developers know this, and that's why they do this kind of thing. It's an indication of how messed up this country is, when the victim has to front that kind of money to protect what's rightfully theirs from the start. I had a minor property issue come up with a new neighbor. Neighbor is a d bag and in the wrong. I consulted an attorney and he said I’m definitely in the right, and it would be 8k to see the case thru. I decided the issue wasn’t worth me spending 8k, but I came really close because of how big of a d bag the new neighbor was about the situation. |
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Posted: 9/12/2024 10:46:49 AM EDT
[#46]
Quote HistoryOriginally Posted By Camel: I had a minor property issue come up with a new neighbor. Neighbor is a d bag and in the wrong. I consulted an attorney and he said I’m definitely in the right, and it would be 8k to see the case thru. I decided the issue wasn’t worth me spending 8k, but I came really close because of how big of a d bag the new neighbor was about the situation. What is the situation? |
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UT, USA
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Posted: 9/12/2024 10:53:34 AM EDT
[#47]
FIL had a similar issue in Florida. They bought land with a house on it and had a survey done. Survey comes back with the neighbors on one side, who were currently building a fence were like 50 feet onto his side.
He went over to talk to the construction guys who were building the fence and a bunch of other stuff. It was an exercise in 'I don't know whats going on I just work here'. He asks for both the company supervisor's number and that of the owners who had not move din yet but contracted the work. Days go by and work is proceeding without anyone stopping anything. Fence is still going. No one has contacted him or given him any info. He goes back over and this time the foreman gets an attitude with him that hes bothering them. When the work crew comes back the next day, there are 6 vehicles parked preventing them from moving their equipment on FIL's land as well as preventing them from building/extending the fence at all. Finally someone calls FIL who explains the issue, shows them the survey and after a week of nothing, the fence magically disappears. |
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Posted: 9/12/2024 10:58:05 AM EDT
[#48]
Quote HistoryOriginally Posted By maxima2: Consult a lawyer? Call the police or sheriff?
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Posted: 9/12/2024 11:01:33 AM EDT
[#49]
Quote HistoryOriginally Posted By ED_P: My previous neighbor planted trees about 10 feet onto my property. Neither of us at the time thought it was wrong until I had my septic pumped and looked at a property plot. My current neighbor understands the real line and mows everything up to the trees and I don't really care as I got some free trees. @ED_P Check your state's adverse possession laws. If the neighbor mows your property long enough, then he may be able to legally steal it. |
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Posted: 9/12/2024 11:05:50 AM EDT
[Last Edit: ED_P]
[#50]
Quote HistoryOriginally Posted By uncle_big_green: @ED_P Check your state's adverse possession laws. If the neighbor mows your property long enough, then he may be able to legally steal it. Quote HistoryOriginally Posted By uncle_big_green: Originally Posted By ED_P: My previous neighbor planted trees about 10 feet onto my property. Neither of us at the time thought it was wrong until I had my septic pumped and looked at a property plot. My current neighbor understands the real line and mows everything up to the trees and I don't really care as I got some free trees. @ED_P Check your state's adverse possession laws. If the neighbor mows your property long enough, then he may be able to legally steal it. Thanks for the tip, but he is a rare super awesome neighbor. We recently had to have some trees removed. One of his hit one of mine (before he owned the place) and pushed it partially over. The tree guy he got was blown away because my current neighbor argued with me until he picked up the entire cost as I was saying I'd pay half, but he insisted on paying the whole cost. The tree guy was used to seeing neighbors try and get the other one to pay. |
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