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Sure! You can have 1/2 of my back yard. WHY THE H*LL NOT?!?! **update with picture***

Posted by on Jun. 27, 2010 at 3:04 PM
  • 100 Replies

 here's the deal...

we moved into my house a couple of years ago. last year we put in a fence, but had to get a permit to do so. In the process we had to get a satellite print out of our plot and find the property pins. We did that... and as it turns out, our neighbor built a garage and drive way 5 feet over our property line several years before we moved into our home.

so when we put the fence in, we took the liberty of attaching our fence to the corner of their garage to save money and not have to fence all along the side of it on what the neighbors consider to be the actual property line. they never said anything about the fence being attached to their garage until now. They have now sold their house and said in conversation that they hope the new neighbors don't say anything about the fence.

The amount of property in question is about 150ft long by 5ft wide... 750 sq ft total, so nothing to shake a stick at! And we just found out that when the garage and drive way were put in, the wife was city engineer and there are NO permits on record for any of this! Which means they never located the pins marking the property line.

What would you do?

It's hard to see from this picture... but keep in mind it is an aereal view from way up LOL! But you can see on the right side how the property line goes over the roof of the garage and down part of their driveway. On the left we actually have a shared driveway. The pins are located at the point of each corner. It's not a lot of overlap, but to mke it does make a big difference, because the neighbor is actually saying that the property line is about 5 feet off of his garage (in our direction) rather than him being 5ft OVER our line.

by on Jun. 27, 2010 at 3:04 PM
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Replies (1-10):
Kina2308
by on Jun. 27, 2010 at 3:08 PM

It would piss me off but I wouldn't make a big deal about it.  If the new owners want to start shit about it then I would bring it up to the town and get your property back.  Otherwise I would leave it be.  Or just mention it to the city or town and see what could be done.

25beengoodtome
by on Jun. 27, 2010 at 3:09 PM

 It's can cost up to $2500.00 to have a survey done. I'd leave things as  they are. 

Ajanee12
by Platinum Member on Jun. 27, 2010 at 3:11 PM

When we moved into our house we had to sign an agreement that had been made with the previous owners and our neighbor, thier little shed goes 3 feet onto our property, it doesnt bother us so no big deal. Did you have to sign anything saying the garage was on your property? I cant remember the legal term for it though.

jjones0461
by on Jun. 27, 2010 at 3:11 PM
They would be in trouble if it were me.
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tfro
by on Jun. 27, 2010 at 3:11 PM

unless the new owners have an issue leave it be.  if they do, letting them know that they will have to tear their garage and driveway down because it is on your property will probably shut them up.

Mom2theboy1994
by on Jun. 27, 2010 at 3:15 PM

I think this about covers it, lol.

Do the current owners know they are on your property? If so, and they bring it up again tell them "Well, if they have an issue, then YOU (meaning the neighbor) should let them know you built your garage on our property, so their only recourse it to tear it down if they don't like it."

Quoting tfro:

unless the new owners have an issue leave it be.  if they do, letting them know that they will have to tear their garage and driveway down because it is on your property will probably shut them up.


lilay
by on Jun. 27, 2010 at 3:16 PM

I don't know all the details but my parent's neighbors had a shed on their property and after they sold it the new people had it appraised or something and were told that the shed had to be so many feet from the property line and it wasn't. They either had to get everyone int he neighborhood to sign a variance or move it. Not everyone in the neighborhood would sign it so they ended up having to move it. So maybe if you push the issue they would have to move it but I really don't know.

jahvarzionmomma
by on Jun. 27, 2010 at 3:18 PM

you need to have it fixed in writting asap before they sell the house

Aamy
by on Jun. 27, 2010 at 3:19 PM

Take it to court and make them move said driveway and garage. Its YOUR land, if that where me, i would show that there where never any permits and make them move it. But also, if they where selling, why did you not bring it up to them to get your land back ?? For me, the min i found that out , i would of been finding out how to get the land back. And i would of told the rel estate ppl to if they used them that the house had land issues. 


tfro
by on Jun. 27, 2010 at 3:19 PM

i know that sometimes buildings can be grandfathered in if they are built too close to a property line.  my grandma had to jack up her garage to replace the concrete because if she tore it down it and started new it would have had to be about 3 feet further away from the property line than what it was.  every town or city has their own rules and regs!

Quoting lilay:

I don't know all the details but my parent's neighbors had a shed on their property and after they sold it the new people had it appraised or something and were told that the shed had to be so many feet from the property line and it wasn't. They either had to get everyone int he neighborhood to sign a variance or move it. Not everyone in the neighborhood would sign it so they ended up having to move it. So maybe if you push the issue they would have to move it but I really don't know.


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