Originally Posted By HDSledge:
Check for a drainage easement.  If none the advice in here is good ftmp.  Lawyer up last, not first.  It should be city first, owner next, lawyer last.  May be a mistake and your neighbors are going to be right next to you for a while.  Best to keep it friendly as long as you can.  By the way, the tree.  It looks like they trenched right up to the trunk.  If they cut all the roots on one side and did not bore under them it will probably kill the tree, which could fall on your house.  The one up the slope has had its roots compacted by heavy equipment and maybe roots cut too, it may also die.  Whoever did the work caused you more trouble than you thought.

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.

Originally Posted By Seatbelts:
Now that I have stood on that lot, I'm guessing they followed the setback on that side and shafted me on mine because the natural looking "boundary" which is the line of trees is about 15ft off the building. The problem is the line isn't in the trees, it's wonky because from what I can tell sometime in the 70s that lot was cut off this one.

Originally Posted By Seatbelts:


Fuck.

I came home and found the permit, it was by the shitter. Now that I have stood on that lot, I'm guessing they followed the setback on that side and shafted me on mine because the natural looking "boundary" which is the line of trees is about 15ft off the building. The problem is the line isn't in the trees, it's wonky because from what I can tell sometime in the 70s that lot was cut off this one.

The issue with tracking the owner down was the number of people it's changed hands with since. But I spoke to the surveyor who was able to give me a name I can write I guess if I can get the real address.

I do appreciate the help guys, those of you who messaged me, I really appreciate it. I thankfully get off at 230 tomorrow but while I'm waiting for my car to get aligned I'll call the city and find out what I can from his permit.

How do I ask about the easements? Would they know that?

Originally Posted By RobertM:


Most tax systems  GIS in VA are online.

Originally Posted By 67Firebird:

That would be on your paperwork, from when you bought the place.

Originally Posted By madmacs69:

The trees are probably irrelevant... the property line is the property line.

You both have title deeds and the boundary description of that property line should match on both properties. You don't get to just guess.

Originally Posted By UV18:



Couple things-

Tax rolls are likely public. Assessor and GIS will list the owner's info. Even OnX or CalTopo will show owner information for the lot.

What is on your property deed? Have you looked at your GIS record? Setbacks and easements may be on there, but it will depend as setbacks are easily changed and often not included. Do you have any easements on your deed, since you just bought the place you should have been advised of it.

County recorder will be another option. That should show anything tied to the property- deeds, liens, etc.

If you need help, send me the address.

Originally Posted By Seatbelts:
After saving for years and living in a shitty apartment for a decade too long we finally were able to buy a home. We love it, its exactly what we wanted. However part of the plans included a privacy fence on one side, so we could set clear boundaries before construction is finished on the town homes next door. Part of that included running my property lines.

Thats when I discovered that I owned a LOT further over then I realized. They had clearly run the line at some point as well as we found stakes on line on the property line.

After years of working in land surveying, I am pretty laid back when it comes to my property because I know how miserable it can be to have a Karen trying to plant shrubs on the line and shit like that. I wanted to avoid immediately being a dick considering I have never even spoken to the crew doing the building work.

But its a problem I can't ignore. They laid a drainpipe over the line, exiting onto my property by 5 feet, and worse its angled so that my entire lower yard gets flooded when it rains. They didn't install silt fencing, and frankly moved a shitload of dirt onto my yard. Its clear as day and we staked the line with a flagged stake every 50 ft. I couldn't have made it clearer. I then waited for the knock on my door as we have no clue how to contact the actual owner. Then they stop coming to work on it the next week after its staked. They have been gone a month, so ironically we were drafting a letter to send to who we found on the title.

Thats when a ASV showed up. I'm not going to lie, I felt some kind of way about this. The line is fucking clear as day, and this cocksucker won't stop and talk to my wife and kept driving on my property all day. I get home from work and see that shit, and the disrespect made me fucking livid.

So I'll leave it to you guys. How would you play it?

I left a note duct taped to the Posi-Track that said exactly "before you drive on my property again, have the owner call me at __________. We need to discuss the drainpipe installed on my land". Then I stretched a string and flagged it to make it even more clear.

My plans are if he ignores me again I'll be going directly to the city with all the pictures. And if the city doesn't want to do shit, then I'll weld the bitch closed on my end, and bury it.

The posi track is actually sitting on me by a foot or so in the back. He made himself a nice little road around because there's not enough room on the side of the property for him to fit. By the time they install the HVAC there MAY be a foot of space between it and the property line.
https://i.imgflip.com/93896p.jpg

https://i.imgflip.com/9389co.jpg
https://i.imgflip.com/9389lp.jpg



And before anyone asks or suggests. I would have immediately peed on his leg to establish dominance, however he's been hiding and I don't think pissing on the drywallers would have the same effect.

Originally Posted By Seatbelts:


So I just got done rooting out the paperwork I have. The deed is written in a very ambiguous way. Nothing on my Platt denotes a easement but I went ahead and called the surveyor and explained everything, and I'm gonna pay him to go back and track down any and everything recorded about this property and the one next door just to be on the safe side.

Now I'm left wondering if I should pull my note until I have no doubt. I'll be meeting him tomorrow night to go over everything he found or the lack there of, and from there I'm going to either call the planning department or call who issued his permit.

And from there I guess I'll either be figuring out how to build a fence in a ditch or enjoying watching him build it for me

Originally Posted By cancard:

Lawyer up yesterday.

Originally Posted By Bravo_Six:


That's adverse possession (if I'm understanding you).  If your neighbor is maintaining a portion of your land, tell him in writing to stop doing that.

Originally Posted By Southernman077:
Trebuchet

Originally Posted By Chromekilla:

That was not how adverse possession was explained to me by one of the highest paid fancy lawyers in my state who specializes in it.

He said if they are using your property and you say sure go ahead you are fine.

Id they are occupying your property, and you either ignore it or say no they can invoke adverse possession at around 10 years.

Originally Posted By Seatbelts:


So I just got done rooting out the paperwork I have. The deed is written in a very ambiguous way. Nothing on my Platt denotes a easement but I went ahead and called the surveyor and explained everything, and I'm gonna pay him to go back and track down any and everything recorded about this property and the one next door just to be on the safe side.

Now I'm left wondering if I should pull my note until I have no doubt. I'll be meeting him tomorrow night to go over everything he found or the lack there of, and from there I'm going to either call the planning department or call who issued his permit.

And from there I guess I'll either be figuring out how to build a fence in a ditch or enjoying watching him build it for me

Originally Posted By Chromekilla:

That was not how adverse possession was explained to me by one of the highest paid fancy lawyers in my state who specializes in it.

He said if they are using your property and you say sure go ahead you are fine.

Id they are occupying your property, and you either ignore it or say no they can invoke adverse possession at around 10 years.

Originally Posted By JoseCuervo:


Do it. This is a long term deal.

Originally Posted By Seatbelts:


So I just got done rooting out the paperwork I have. The deed is written in a very ambiguous way. Nothing on my Platt denotes a easement but I went ahead and called the surveyor and explained everything, and I'm gonna pay him to go back and track down any and everything recorded about this property and the one next door just to be on the safe side.

Now I'm left wondering if I should pull my note until I have no doubt. I'll be meeting him tomorrow night to go over everything he found or the lack there of, and from there I'm going to either call the planning department or call who issued his permit.

And from there I guess I'll either be figuring out how to build a fence in a ditch or enjoying watching him build it for me

Originally Posted By Seatbelts:


No that's what I'm saying, I didn't want there to be any doubt and I retired from that work over 3 years ago. I paid to have it done, and it checked to a 1990s plat to about a half inch. Unfortunately the line isn't in question but he's welcome to waste his money to check it. I welcome that.

We do and it's not even a mile away. I had just hoped to resolve this nicely but it's clear after yesterday they don't care.

Originally Posted By 80085:
Stop being the nice guy. You’re getting walked over by being the nice guy.

You are a homeowner who lives there. The builder and owner are there to make money by building and leasing the units, and likely a new buyer will take possession of the building in the next couple years. These people do not care about you being nice. You are not making friends by doing them any favors as a nice guy. Stop that.

Originally Posted By Paul:
What's an ASV?



Sometimes people UANEKB making reading the story difficult.

Originally Posted By diesel1:


One of my pet peeves also.

I'm familiar with construction machinery and it still took me a while to process "ASV". Pending clarification from OP, it's probably a make of skid loader.

ETA: OP explained that he calls all compact tracked loaders ("CTL") "ASV" which is only one make of CTL among dozens. So, the machine in question may be an actual ASV or something else. I find that type of thing irritating, as it's not accurate communication.

Originally Posted By Seatbelts:


Ya it's a skid loader. I specifically operated the ASV when I was 18 for a few weeks and it just always stuck in my head as that.

I don't know why I just call all the wheeled ones "bobcats" and the tracked ones ASVs.

Originally Posted By BobbyHill:
Did you have a title search done when you bought the place? If there's an easement they should have caught it or they should be responsible for making you whole if they missed it.

Originally Posted By Bravo_Six:
That's adverse possession (if I'm understanding you).  If your neighbor is maintaining a portion of your land, tell him in writing to stop doing that.

Originally Posted By pale_pony:
FENCE

seen this before, a developer built his new 12 bay commercial trucking warehouse where they would have to use the neighboring building's parking lot for entry and egress

We all came to work one morning and a new fence had been built 2 feet back from 12 bay doors. You could open and close the overhead doors and look right at a fence just inches away. The new building owners promptly cut the fence...and the fence owners promptly had them arrested for criminal trespass and willful destruction of property

Originally Posted By wvfarrier:
The city is going to tell you its a civil dispute and to take it to court

Originally Posted By Seatbelts:


So I just got done rooting out the paperwork I have. The deed is written in a very ambiguous way. Nothing on my Platt denotes a easement but I went ahead and called the surveyor and explained everything, and I'm gonna pay him to go back and track down any and everything recorded about this property and the one next door just to be on the safe side.

Now I'm left wondering if I should pull my note until I have no doubt. I'll be meeting him tomorrow night to go over everything he found or the lack there of, and from there I'm going to either call the planning department or call who issued his permit.

And from there I guess I'll either be figuring out how to build a fence in a ditch or enjoying watching him build it for me

Originally Posted By SM0KESCREEN:
Dig a moat and get sharks with laser beams.