wrote:
stay da course? wrote:
finally they are going to tell us where the property line is.
we bought this place with the understanding that there was an
encroachment.
a fence and chicken coup supposedly on our land.
Now , when we get the correct boundary , how to delicately get the
stuborn
old guy to move it?
he even tilted the roof of the coop to dump rain into our yard. Hasn't
helped the septic drain field.
HELP!

sdc:

It's there, it's grandfathered.

Not true. Nor is the previous advice to tear it down sound.

If the survey shows the fence and chicken coup are actually on your
property, you need to consult a real estate attorney. The biggest
issue are possible adverse possession or the obtainment of an easement
by the neighbor having had open access for a long enough time. In
addition to openly occupying your property for a very long period, like
15 years, for adverse possession to apply, he usually would also have
had to pay taxes on the property.

Only a local lawyer can tell you how to best proceed and avoid making
matters much worse. I'd consult with one BEFORE I talked to the
neighbor or took any action.


Cultivate good feelings and friendly
neighbor relationships with the "stubborn old guy". Perhaps you
could bring him some pies or casseroles, or maybe an invitation to
coffee once in a while. Build up the good will-o-meter and your
efforts will bear much fruit. If the coop & fence are no longer in
use,
perhaps you could (after some good will buildup) offer to demolish
them for him, or help with the demolition, or the moving of them if
they are in use. I suggest copius reference to Dale Carnegie's
HOW TO WIN FRIENDS AND INFLUENCE PEOPLE.

Remember: it is probably grandfathered, and the law is not likely on
your side. Even if it is, a quick reliance on the law is sure to get
you on the guy's bad side, which is a guaranteed ride into the
very unpleasant "push the envelope of what the neighbors will stand"
zone. See his point of view. He's probably been there much longer,
and most likely remembers that the structures have been there a
long time, and "weren't hurting no one". Be forceful, and you will
be seen as the young whippersnappers who thought they could
move in and run things their own way. Be friendly, and you will
be seen as the nice folks who are trying to fit in with the current
social order. There is an invisible point system in all places like
this which you must always be aware of.

Regarding the roof drainage into the yard -- the roof is only draining
such
water as is intercepted by the roof, which isn't going to hurt your
drain field that much. The yard already intercepts more rain.
Let it go while the above process is in motion.

Cordially yours:
Gerard P.