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[email protected] trader4@optonline.net is offline
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Default neighbor built over my property line


Jeff Wisnia wrote:
Joseph Meehan wrote:

You need to contact a local attorney. In many areas if a neighbor has
used the property as his own and cared for it, after a given time (usually X
number of years) and the owner has not raised an objection, the neighbor
actually can claim legal title to it. If that is the case, your fence may
now be illegal as most areas require a set back from the property line.



I suspect that if you do end up bringing a legal action you will learn
what the term "de minimus" means. The court might very likely say that
six inches on the "other side" of your fence isn't significant enough to
be considered damaging to you, compared to what it would take for the
neighbor to remove that strip of concrete.

Jeff

--
Jeffry Wisnia
(W1BSV + Brass Rat '57 EE)
The speed of light is 1.8*10^12 furlongs per fortnight.



I doubt any court would find that pouring a concrete sidewalk 6" onto
someone elses property is acceptable. Why? Because besides it's
obvious the neighbor is clearly in the wrong, for a court to just let
this go sends a message to everyone else that's it's ok and acceptable,
which just encourages it. And I'm amazed that there are people who
would put up with this crap and let others walk all over them and just
look the other way. People who pull this crap aren't just doing it
by mistake. You'd have to be a complete moron to pour a sidewalk
without knowing for sure, via a survey, where the line is.

Anybody puts a sidewalk on my property, it's gonna be outta there PDQ.