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Cheri June 22nd 06 05:32 AM

Neighbor disputes my property line location
 
Please God, do not make this person my neighbor. I have suffered
enough.

--
Cheri


I do not understand why you have this hostile atitude towards my

queries. I
find the answers provided here very informative. Why would you assume

that
this is the only place I am soliciting answers? Why would you assume I

did
not hire a lawyer? Why do you assume you have the complete picture

based on



Tony Hwang June 22nd 06 08:00 AM

Neighbor disputes my property line location
 
Goedjn wrote:

On 21 Jun 2006 10:40:28 -0700, "MiamiCuse"
wrote:


Just bought a property in Miami-Dade County, Florida and want to build
a fence along the property line on my side.

The neighbor has parked a vehicle on the grass with half the car over
on my side. The hood is up and the engine is out and he is apparently
fixing it in his garage. He has a few other cars parked on his
property that are partially disassembled.

I recently had the survey done during the purchase and the surveyor
sprayed painted the iron pin locations and one of them is right at a
power pole. The survey shows the line is 25 feet from the exterior
wall of my house, which is about 7 feet from the exterior wall of his
house.

When I mentioned to my new neighbor that I am going to build a fence
and whether he mind moving his disassembled vehicle out of the way he
said yes no problem. Then later he came back and seemed upset and says
he disagrees with where the property line is.

I showed him the spray painted iron pins. I showed him the power pole


from the utility company, I showed him my survey and measured from my


wall to the spray painted location - 25 feet. He disagrees. He says
it should be half way between the two houses. I stated to hiim this is
not the case as the property line is defined in the legal description
and this is what the survey is going by, and that if he has a survey of
his house he should be able to confirm this. He says he does not have
a survey.

I said to him he is welcome to hire his own surveyor to check this. I
also said when I build the fence, I will be getting a permit and the
county will have to approve it and they will not approve it if the
fence is on his side. He walked away angry and says he is not going to
move the car.

Now I ****ed off a new neighbor and have a mess in my hand.

Any advise?


Decide which you value more, a happy neighbor, or your
property. You're not going to get both.

Hmm,
You gotta be joking! Give up so much side yard for El Meano neighbor?
I won't.

Kurt Ullman June 22nd 06 12:20 PM

Neighbor disputes my property line location
 
In article ,
mm wrote:


Www.findlaw.com has statutes and for many states, a decent way to find
the rirght statute, but as far as I know, it has no case law.


It has most state supreme court decisions, most (I think all) federal
decisions published all the way to the Supremes.

dadiOH June 22nd 06 01:17 PM

Neighbor disputes my property line location
 
MiamiCuse wrote:
Abe wrote:
I said to him he is welcome to hire his own surveyor to check this.
I also said when I build the fence, I will be getting a permit and
the county will have to approve it and they will not approve it if
the fence is on his side. He walked away angry and says he is not
going to move the car.

Now I ****ed off a new neighbor and have a mess in my hand.

Just go to the Miami-Dade property records Web site and look up the
parcel maps for you and your neighbors house. You'll be able to
determine right quick what the property boundaries are.

http://www.miamidade.gov/pa/property_search.asp


I did that, the aerial maps are not very precise, with tree covering
and low resolution, I am only able to tell that there is more room on
my side then his side, but nothing that I can use definitively to
scale off some distances.


Lord, man...you had a surveyor who located the corner stakes. And a
description of your property. What more do you want?


--

dadiOH
____________________________

dadiOH's dandies v3.06...
....a help file of info about MP3s, recording from
LP/cassette and tips & tricks on this and that.
Get it at http://mysite.verizon.net/xico




Steve Barker LT June 22nd 06 01:33 PM

Neighbor disputes my property line location
 
Simple. Call the police, have the car towed off of your property.

--
Steve Barker



"MiamiCuse" wrote in message
ups.com...
I said to him he is welcome to hire his own surveyor to check this. I
also said when I build the fence, I will be getting a permit and the
county will have to approve it and they will not approve it if the
fence is on his side. He walked away angry and says he is not going to
move the car.

Now I ****ed off a new neighbor and have a mess in my hand.

Any advise?

MC




Goedjn June 22nd 06 01:52 PM

Neighbor disputes my property line location
 


Decide which you value more, a happy neighbor, or your
property. You're not going to get both.

Hmm,
You gotta be joking! Give up so much side yard for El Meano neighbor?
I won't.



Well, that makes the decision fairly easy, then, doesn't it?


dpb June 22nd 06 02:50 PM

Neighbor disputes my property line location
 

Yenc-Post wrote:
....
My town calls a car like that abandoned and junk. Even if it were a brand
new car you can't have it taken apart for more than 7 days. Also we aren't
allowed to park on the grass.

....

Suggests to me your town is far too powerful/overreaching if that is
really the case.


Hell Toupee June 22nd 06 03:13 PM

Neighbor disputes my property line location
 
MiamiCuse wrote:

Abe wrote:
I said to him he is welcome to hire his own surveyor to check this. I
also said when I build the fence, I will be getting a permit and the
county will have to approve it and they will not approve it if the
fence is on his side. He walked away angry and says he is not going to
move the car.

Now I ****ed off a new neighbor and have a mess in my hand.

Just go to the Miami-Dade property records Web site and look up the
parcel maps for you and your neighbors house. You'll be able to
determine right quick what the property boundaries are.

http://www.miamidade.gov/pa/property_search.asp


I did that, the aerial maps are not very precise, with tree covering
and low resolution, I am only able to tell that there is more room on
my side then his side, but nothing that I can use definitively to scale
off some distances.


I'd suggest you just go down to city hall, give them a copy of the
survey (and insist they keep it), and indicate where you intend to set
the fence. Have them issue you the proper permit for the fence. With
that in hand, send a registered letter to your neighbor including
copies of the survey, the plans, and the permit, with a request that
his vehicle be removed from your property by a specific date. At that
point it'll be up to your neighbor to initiate proceedings to stop
you, which will mean hiring a lawyer and maybe having another survey
done, too. There's a very good chance that his lawyer would just look
at your survey and tell him he's got no case.

If you want to play it safer, you could schedule a meeting with the
city inspector or engineer, and advise them of the dispute with your
neighbor while applying for the permit. That way they won't be caught
by surprise if/when the neighbor calls about it. Every city gets calls
about fence fights on a fairly regular basis, so their city inspector
or engineer could probably advise you as how to handle the dispute.
The advantage to this strategy is that you'll have them on your side
from the beginning; the disadvantage is that they might want to delay
issuing the permit until the dispute is resolved. That's where your
providing them with a copy of the survey comes in handy - you're
giving them your evidence upfront, which should help them reach their
decision.

If your neighbor decides to hold a grudge over you making lawful use
of your property, don't feel compelled to keep trying to repair the
relationship. Just continue to be civil and hope that he eventually
simmers down.

HellT

Banty June 22nd 06 03:40 PM

Neighbor disputes my property line location
 
In article , Hell Toupee says...

MiamiCuse wrote:

Abe wrote:
I said to him he is welcome to hire his own surveyor to check this. I
also said when I build the fence, I will be getting a permit and the
county will have to approve it and they will not approve it if the
fence is on his side. He walked away angry and says he is not going to
move the car.

Now I ****ed off a new neighbor and have a mess in my hand.
Just go to the Miami-Dade property records Web site and look up the
parcel maps for you and your neighbors house. You'll be able to
determine right quick what the property boundaries are.

http://www.miamidade.gov/pa/property_search.asp


I did that, the aerial maps are not very precise, with tree covering
and low resolution, I am only able to tell that there is more room on
my side then his side, but nothing that I can use definitively to scale
off some distances.


I'd suggest you just go down to city hall, give them a copy of the
survey (and insist they keep it), and indicate where you intend to set
the fence. Have them issue you the proper permit for the fence. With
that in hand, send a registered letter to your neighbor including
copies of the survey, the plans, and the permit, with a request that
his vehicle be removed from your property by a specific date. At that
point it'll be up to your neighbor to initiate proceedings to stop
you, which will mean hiring a lawyer and maybe having another survey
done, too. There's a very good chance that his lawyer would just look
at your survey and tell him he's got no case.

If you want to play it safer, you could schedule a meeting with the
city inspector or engineer, and advise them of the dispute with your
neighbor while applying for the permit. That way they won't be caught
by surprise if/when the neighbor calls about it. Every city gets calls
about fence fights on a fairly regular basis, so their city inspector
or engineer could probably advise you as how to handle the dispute.
The advantage to this strategy is that you'll have them on your side
from the beginning; the disadvantage is that they might want to delay
issuing the permit until the dispute is resolved. That's where your
providing them with a copy of the survey comes in handy - you're
giving them your evidence upfront, which should help them reach their
decision.

If your neighbor decides to hold a grudge over you making lawful use
of your property, don't feel compelled to keep trying to repair the
relationship. Just continue to be civil and hope that he eventually
simmers down.


This is the best post so far.

I definately think it's worthwhile pursuing this, and right now, and with as
much legal groundwork laid as possible. This isn't likely a neighbor you'd have
a good relationship with anyway, and, if you wimp out about this issue, he's
likely to take more advantage.

I had to do some territory-defending with both my immediate neighbors when I
moved in, with one we've long made amends and get along well (and they've even
admitted their wrong on the early problems, although that wasn't necessary by
me); the other has moved away after having pretty much ****ed the rest of the
neighborhood off on other things.

One thing - make sure a fence on the property line is legal; it is in my
munincipaltiy, but not in many. I considered putting up a fence between myself
and the problematic neighbor (even in an easment area), and in considering
whether or not it should go on the property line or not, some friends and
relations pretty much convinced me that putting it on recently surveyed property
line is the way to go, as maintaining the ohter side of a fence within my
property can be a hassle with a bad neighbor - might as well put it on the line,
let him have the nice side (or put up a fence where both sides are nice), write
off what paint or whatever he may do on that side, and be done with it.

But this guy is majorly stepping on your toes, and the Nice Neighbor approach
has gone as far as it will go. Time to get legalistic and to act according to
your interests only.

Banty


--


Sev June 22nd 06 03:55 PM

Neighbor disputes my property line location
 

Well now, EVERYBODY has to weigh in on an important national question
like this- so here I come.
Why has nobody considered the obvious solution of building the
fence through the car? There are many people on this group who can
give competent advice about how to put fence posts through a vehicle
chassis. You could paint your half of the car to match the fence, or
as you choose.
On a more tedious note, let me suggest that you take a little
time with this, try to meet and talk to other neighbors, people in the
area, ask around- not too intrusively- about this guy, see if you can
get a sense of other people's judgment about whether he is someone who
can be reasoned with. Of course you don't want to have to choose
between exercising your rights and getting along with your neighbor-
you may have to, but the more you know about what you're getting into
before you do.... does he have a police record? A local reputation? I
think we do have to stand up to aggressive, hostile people, but usually
better to do it in a low key, non-provocative way.


Banty June 22nd 06 04:04 PM

Neighbor disputes my property line location
 
In article , Banty says...

In article , Hell Toupee says...

MiamiCuse wrote:

Abe wrote:
I said to him he is welcome to hire his own surveyor to check this. I
also said when I build the fence, I will be getting a permit and the
county will have to approve it and they will not approve it if the
fence is on his side. He walked away angry and says he is not going to
move the car.

Now I ****ed off a new neighbor and have a mess in my hand.
Just go to the Miami-Dade property records Web site and look up the
parcel maps for you and your neighbors house. You'll be able to
determine right quick what the property boundaries are.

http://www.miamidade.gov/pa/property_search.asp

I did that, the aerial maps are not very precise, with tree covering
and low resolution, I am only able to tell that there is more room on
my side then his side, but nothing that I can use definitively to scale
off some distances.


I'd suggest you just go down to city hall, give them a copy of the
survey (and insist they keep it), and indicate where you intend to set
the fence. Have them issue you the proper permit for the fence. With
that in hand, send a registered letter to your neighbor including
copies of the survey, the plans, and the permit, with a request that
his vehicle be removed from your property by a specific date. At that
point it'll be up to your neighbor to initiate proceedings to stop
you, which will mean hiring a lawyer and maybe having another survey
done, too. There's a very good chance that his lawyer would just look
at your survey and tell him he's got no case.

If you want to play it safer, you could schedule a meeting with the
city inspector or engineer, and advise them of the dispute with your
neighbor while applying for the permit. That way they won't be caught
by surprise if/when the neighbor calls about it. Every city gets calls
about fence fights on a fairly regular basis, so their city inspector
or engineer could probably advise you as how to handle the dispute.
The advantage to this strategy is that you'll have them on your side
from the beginning; the disadvantage is that they might want to delay
issuing the permit until the dispute is resolved. That's where your
providing them with a copy of the survey comes in handy - you're
giving them your evidence upfront, which should help them reach their
decision.

If your neighbor decides to hold a grudge over you making lawful use
of your property, don't feel compelled to keep trying to repair the
relationship. Just continue to be civil and hope that he eventually
simmers down.


This is the best post so far.

I definately think it's worthwhile pursuing this, and right now, and with as
much legal groundwork laid as possible. This isn't likely a neighbor you'd have
a good relationship with anyway, and, if you wimp out about this issue, he's
likely to take more advantage.

I had to do some territory-defending with both my immediate neighbors when I
moved in, with one we've long made amends and get along well (and they've even
admitted their wrong on the early problems, although that wasn't necessary by
me); the other has moved away after having pretty much ****ed the rest of the
neighborhood off on other things.


Minor correction - I needed to deal with one neighbor when I moved in 12 years
ago (the one where we get along fine now), and the other nine years ago after
they bought the undeveloped lot next to me and put a house on it. Then decided
my backyard was a conduit to wherever they wanted to go, even sending some dozen
of guests across it to get to another house's pool. But still. I take a live
and let live attitude as much as possible, but the living and let living
shouldn't be happening on my property.

Cheers,
Banty


--


[email protected] June 22nd 06 04:56 PM

Neighbor disputes my property line location
 
Of all the advice given, I think the suggestion to offer to bring the
surveyor back to meet with the OP and the neighbor is the best idea.
The surveyor can explain how he determined the property line. And
hearing it from an expert will give the neighbor an opportunity to back
down gracefully, if he so choses.

I also have to agree with the comments that it's pretty stupid to close
on a property when you can see that there is a disabled car straddling
the property line. The time to have dealt with this was before
closing, when it was the seller's problem.

If the neighbor refuses to meet with the surveyor or still refuses to
accept the correct line and move the car, then I would send a
registered letter telling him he has a week to remove the car. Then,
I'd consult a lawyer.


mm June 22nd 06 05:41 PM

Neighbor disputes my property line location
 
On 22 Jun 2006 02:24:30 GMT, "Yenc-Post"
wrote:

Abe wrote in
:

What's stupid about that? It works really well where I am. If a car is
"junked" meaning it doesn't have current registration etc., sitting in
the same place over 72 hours, the code enforcers (in my area Police
Partners) are on it in a hurry. Might work a lot better than grabbing
your gun, though maybe not as satisfying. :-)


The original post said:
"The neighbor has parked a vehicle on the grass with half the car over
on my side. The hood is up and the engine is out and he is apparently
fixing it in his garage."

It's his neighbor's car, and his neighbor works on it. It's not
abandoned or junked. Jeez, how about a little reading comprehension?


Cheri's so worried about being kicked in the teeth, that she wants to
kick her neighbor in the teeth first.

My town calls a car like that abandoned and junk. Even if it were a brand
new car you can't have it taken apart for more than 7 days. Also we aren't
allowed to park on the grass.


They may have this regulation in the section on abandoned and junk
cars, but that might not mean they call it abandoned or junk. And
even if they do, that doesn't mean it is. Calling it junk doesn't make
it junk. Calling it abandoned doesn't make it abandoned.
Legislatures and city councils are often like people often are, using
obfuscatory language to disguise what they are really doing. So is
Congress and executive and legislative bodies all over the world.




On the other hand, if he wants to complain about it as an eyesore,
that's a different story.



Cheri June 22nd 06 07:07 PM

Neighbor disputes my property line location
 
I would never kick someone in the teeth first, but I wouldn't stand
around with a big toothless grin on my face after someone kicked me
first either, which the original posters neighbor did, so BOYA. :-)

Cheri


mm wrote in message ...


Cheri's so worried about being kicked in the teeth, that she wants to
kick her neighbor in the teeth first.




Greg Guarino June 22nd 06 08:01 PM

Neighbor disputes my property line location
 
On 21 Jun 2006 10:40:28 -0700, "MiamiCuse"
wrote:
Then later he came back and seemed upset and says
he disagrees with where the property line is.


Any advise?

MC


I haven't read all the responses, so maybe someone has already written
this.

Perhaps your neighbor's attitude would improve if he finds out that he
has nine feet *more* land than he thought on the opposite side of his
house. In NY City they have deeds on the web, but I'm guessing you
could request his from the local agency that keeps such records. Try
to get a hold of it. It should define the property. Maybe all the
houses on the block are divided that way. If so you'll have some good
news to tell him.

Good luck.

Greg Guarino

mm June 22nd 06 08:40 PM

Neighbor disputes my property line location
 
On Thu, 22 Jun 2006 11:07:44 -0700, "Cheri" gserviceatinreachdotcom
wrote:

I would never kick someone in the teeth first,


You recommended towing the guy's car away as if it were abandoned,
when the OP knows that it isn't abandoned and is the process of being
repaired.

They're still resolving who owns the land.

That's kicking someone in the teeth first.

but I wouldn't stand
around with a big toothless grin on my face after someone kicked me
first either, which the original posters neighbor did, so BOYA. :-)


If someone came to you and said he owned a 7 foot strip of what you
thought was your land, I'm sure you wouldn't just take his word for
it, or the printed report by his surveyor. Would you? What would
it take, and how many weeks or months would it take to convince you?

Cheri


mm wrote in message ...


Cheri's so worried about being kicked in the teeth, that she wants to
kick her neighbor in the teeth first.




Banty June 22nd 06 08:54 PM

Neighbor disputes my property line location
 
In article , mm says...

On Thu, 22 Jun 2006 11:07:44 -0700, "Cheri" gserviceatinreachdotcom
wrote:

I would never kick someone in the teeth first,


You recommended towing the guy's car away as if it were abandoned,
when the OP knows that it isn't abandoned and is the process of being
repaired.

They're still resolving who owns the land.


The survey resolved that. It's that one party doesn't want to accept it.


That's kicking someone in the teeth first.

but I wouldn't stand
around with a big toothless grin on my face after someone kicked me
first either, which the original posters neighbor did, so BOYA. :-)


If someone came to you and said he owned a 7 foot strip of what you
thought was your land, I'm sure you wouldn't just take his word for
it, or the printed report by his surveyor. Would you? What would
it take, and how many weeks or months would it take to convince you?


It would take a trip to the town hall for me. It should be on the property map.

Banty


--


mm June 22nd 06 09:15 PM

Neighbor disputes my property line location
 
On Wed, 21 Jun 2006 14:14:27 -0400, Goedjn wrote:

On 21 Jun 2006 10:40:28 -0700, "MiamiCuse"
wrote:
Now I ****ed off a new neighbor and have a mess in my hand.

Any advise?

Decide which you value more, a happy neighbor, or your
property. You're not going to get both.


I think it is still salvagable. Invite him and his wife out to dinner
so that "we can talk about things". You'll be paying. He may want to
talk about things at home, but he'll do so more willingly, now that
like a wolf presenting to the leader of the pack, you've bowed to him
a little bit. (Somewhere in this group, I wrote about how I invited
my next door neighbor out for a drink so we could discuss things. He
didn't want to go and we never discussed things, but he's treated me a
lot nicer ever since I invited him.)

If you go, choose some place and time where you can sit at the table a
long time and where there is room to put out 2 or 3 pages of paper.
Have your legal description but the most imporrtant thing will be the
map that I think comes with it. Copy that, and on the copy or on
your own sketch, put in more landmarks, and make it clear which ones
you put in because he's going to doubt them, and you don't want to
look like your lying.

Maybe your survey is enough, but maybe there is some reason he thinks
he owns more that your survey shows. In fact you may want to call
your surveyor and ask if he has any advice on how to handle this and
how to do so tactfully. Also ask him if he verified that the
neigbhbor's description to make sure there is no overlap. I'm not
saying that is his job. Sort of I think his job is only to take your
description and apply it to the land around your house.

But mistakes happen. AFter this n'hood was built, we found out we had
built some of it on someone else's land. Until we found out, we were
in the position of your neighbor. And it wasn't a matter of moving a
car, but of tearing down a house. Of course that wasn't going to
happen and both sides were businessmen (who developed the land but
didn't live on it) so they worked out a deal for us to give them some
of our unbuilt land, in return for keeping the land we had built on.

So it's probably your job to do this:
Before you do this, you can go to the county clerk's office and make a
copy of the deed to his property. A dollar a page,maybe more now and
you only need to copy the legal description, and the map if there is
any. Now even though it is public record, he may well find your going
to the county clerk's office like looking in his wife's underwear
drawer, so after you've compared your description with his, and seeing
if there is only one segment of your property line that abuts his, or
perhsps more, you'll see the legal description of that segment. Mark
that too, maybe overdraw it with a colored pencil.

And you can point out to him how big his yard is on the other side of
his house.

(part of my plan is missing here, but never get angry and don't insult
him or his intelligence or knowledge of the law. He may have been
misled by the seller but don't let it sound like he was a sucker or a
fool.)

Somewhere in all this, give him time to talk to his real estate agent
or the prior owner (he may fess up if he won't lose money) or his
lawyer, or to go to the court house and look at his lot description
(Don't offer to show him the copy you made. That was just for your
knowledge.) and when he gets the idea that he's going to lose, take
them out to dinner again, with no papers. Inviting them to your house
for dinner might be nice too, unless your house is nicer than his.
OTOH, he's had years to fix his up, so maybe it's not.


mm June 22nd 06 09:16 PM

Neighbor disputes my property line location
 
On Wed, 21 Jun 2006 16:31:06 -0700, "Cheri" gserviceatinreachdotcom
wrote:

And you must be...a lawyer. What a terrible, inept, predictable answer.
Sure to keep him coming back for more "well reasoned" advice at $350.00
per hour as opposed to all the great advice he got here.:-)


You must be smiling because you know that none of the legal advice he
got here is reliable.

Some posts disagree with other posts, even on the legal issues. How
do you suggest he decide who is right?

Did you buy title insurance for your house and the lot it is on?

If not, what will you do if there is an error in the title?

Do you buy homeowner's insurance, health insurance, or life insurance?

Cheri

Jim McLaughlin wrote in message ...

You have a terrible record of asking very important financial and

legal
questions here.
Your first one was your series of questions about IRS liens, IIRC.

You have persisted in asking those very important financial and legal
questions here with resect to this transaction despite being advised
literally dozens of times by at least a half dozen people that you

should
hire a real estate lawyer in Dade County to get your legal advice.
Apparently, you

What does the lawyer who represented you in this transaction say about

the
car on the property which you allege is yours?

You noticed the car before the closing and after the survey, right?

You told your lawyer about the car before the closing, right?

Your lawyer did advise you to get buyer's title insurance, right?

You took your lawyer's advice and bought buyer's title insurance,

right?

Go to your lawyer and the title insurance company and have them handle

this.

Oh, you didn't hire a lawyer ? You wetre saving money on a multi

hundred
thousand dollar invesmen, so you didn't want to spend $ 2 grand?

You didn't get buyer's title insurance because on a multi hundred

thousand
dollar investment you wanted to save $ 1,500?

Sad.

But at least you saved lawyer's fees and the buyer's title insurance
premium.

You are too inept to own property.

--
Jim McLaughlin


mm June 22nd 06 09:40 PM

Neighbor disputes my property line location
 
On 22 Jun 2006 12:54:29 -0700, Banty wrote:

In article , mm says...

On Thu, 22 Jun 2006 11:07:44 -0700, "Cheri" gserviceatinreachdotcom
wrote:

I would never kick someone in the teeth first,


You recommended towing the guy's car away as if it were abandoned,
when the OP knows that it isn't abandoned and is the process of being
repaired.

They're still resolving who owns the land.


The survey resolved that. It's that one party doesn't want to accept it.


It's one guy's survey. I might accept it but otoh I might want
someone who works for me to confirm it. People lie, people steal, and
people bribe other people to help them steal all the time, not to
mention the mistakes people make.

I don't think the OP is lying, stealing, bribing, or making a mistake.
But I haven't spent years believing that what he now says is his land
is my land.

And it doesn't need to be the OP's mistake. Someone could have made a
mistake long ago, so that the legal descriptions of the two properties
both include the land currently disputed.

It's not surprising to me that the nbor thinks the property line is
half-way between the houses. I know that's not required, but that's
the way it has been in the first two houses I lived in, afaict by
eye-balling it, at least if we mowed the lawn according to the
property lines. We had no fences, and we relied on what the previous
owners had thought was the case.

Just because the OP has complained first, doesn't mean he is right,
even if he has good evidence. Sometimes more than one side has good
evidence. Sad but true. If it weren't true, in court, they'd often
only have to hear the plaintiff's case, and wouldn't need to ask the
respondent to give his side.


That's kicking someone in the teeth first.

but I wouldn't stand
around with a big toothless grin on my face after someone kicked me
first either, which the original posters neighbor did, so BOYA. :-)


If someone came to you and said he owned a 7 foot strip of what you
thought was your land, I'm sure you wouldn't just take his word for
it, or the printed report by his surveyor. Would you? What would
it take, and how many weeks or months would it take to convince you?


It would take a trip to the town hall for me. It should be on the property map.

Banty



yourname June 22nd 06 09:44 PM

Neighbor disputes my property line location
 


They're still resolving who owns the land.



The survey resolved that. It's that one party doesn't want to accept it.


That's kicking someone in the teeth first.


but I wouldn't stand
around with a big toothless grin on my face after someone kicked me
first either, which the original posters neighbor did, so BOYA. :-)


If someone came to you and said he owned a 7 foot strip of what you
thought was your land, I'm sure you wouldn't just take his word for
it, or the printed report by his surveyor. Would you? What would
it take, and how many weeks or months would it take to convince you?



It would take a trip to the town hall for me. It should be on the property map.

Banty




town hall maps are for tax purposes only, in my burg they bear little
relation to actual lot lines. Surveyors are known to be quite wrong, how
do you think disputes happen? It all depends what marks he goes by.
Little note on all the drawings says 'relies on the work of others'.
sometimes one must go back to a known good point and start over,
sometimes that point is far away and really expensive to measure. How do
you know whare the lines are? You think they don't put streets in the
wrong place?

Banty June 22nd 06 10:01 PM

Neighbor disputes my property line location
 
In article 6jDmg.10872$k27.2895@trndny06, yourname says...



They're still resolving who owns the land.



The survey resolved that. It's that one party doesn't want to accept it.


That's kicking someone in the teeth first.


but I wouldn't stand
around with a big toothless grin on my face after someone kicked me
first either, which the original posters neighbor did, so BOYA. :-)

If someone came to you and said he owned a 7 foot strip of what you
thought was your land, I'm sure you wouldn't just take his word for
it, or the printed report by his surveyor. Would you? What would
it take, and how many weeks or months would it take to convince you?



It would take a trip to the town hall for me. It should be on the property map.

Banty




town hall maps are for tax purposes only, in my burg they bear little
relation to actual lot lines. Surveyors are known to be quite wrong, how
do you think disputes happen? It all depends what marks he goes by.
Little note on all the drawings says 'relies on the work of others'.
sometimes one must go back to a known good point and start over,
sometimes that point is far away and really expensive to measure. How do
you know whare the lines are? You think they don't put streets in the
wrong place?


You think some folks don't push things for their advantage?? A heck of a lot
more likely scenario than plotting streets wrong.

OK about property maps (but, if my unfriendly neigbor of mine had understood
about easements he would have been calmer about a certain storm drain...), but
if you dont' believe surveys, what DO you recognize. Faced with this attitude,
then it would come down to a property lawyer for the O.P.

Banty


--


GoHabsGo June 23rd 06 03:05 PM

Neighbor disputes my property line location
 
rosebud wrote in
:
I agree with Goedjn and I would not move his car yourself. After
determining 100% that you are correct about the property line, I'd
send him a certified letter, with return receipt, stating that if
the car isn't moved by x date, it will be towed and only he will be
responsible for paying to get it out of impound. And ditto on
building the fence ASAP, and as high as the law allows on that side.

Bonnie


And be sure to give him an invoice for half the price of the fence too to
really **** him off! Most bylaws require that neighbors sharing a property
line must share the cost of the fence. Our bylaw states that half the cost
of a chain link fence must be paid but most share costs of wooden privacy
fences.

RayV June 23rd 06 03:37 PM

Neighbor disputes my property line location
 

MiamiCuse wrote:
Just bought a property in Miami-Dade County, Florida and want to build
a fence along the property line on my side.

The neighbor has parked a vehicle on the grass with half the car over
on my side. The hood is up and the engine is out and he is apparently
fixing it in his garage. He has a few other cars parked on his
property that are partially disassembled.

I recently had the survey done during the purchase and the surveyor
sprayed painted the iron pin locations and one of them is right at a
power pole. The survey shows the line is 25 feet from the exterior
wall of my house, which is about 7 feet from the exterior wall of his
house.

When I mentioned to my new neighbor that I am going to build a fence
and whether he mind moving his disassembled vehicle out of the way he
said yes no problem. Then later he came back and seemed upset and says
he disagrees with where the property line is.

I showed him the spray painted iron pins. I showed him the power pole
from the utility company, I showed him my survey and measured from my
wall to the spray painted location - 25 feet. He disagrees. He says
it should be half way between the two houses. I stated to hiim this is
not the case as the property line is defined in the legal description
and this is what the survey is going by, and that if he has a survey of
his house he should be able to confirm this. He says he does not have
a survey.

I said to him he is welcome to hire his own surveyor to check this. I
also said when I build the fence, I will be getting a permit and the
county will have to approve it and they will not approve it if the
fence is on his side. He walked away angry and says he is not going to
move the car.

Now I ****ed off a new neighbor and have a mess in my hand.

Any advise?

MC


Invite him to your house for dinner

http://www.flsenate.gov/cgi-bin/view...sion&Submenu=1


Rudy June 24th 06 05:27 AM

Neighbor disputes my property line location
 

Now I ****ed off a new neighbor and have a mess in my hand.


Around here, the "corners" of property are pegged with a square 1/2" X 1/2"
iron 'pin' driven deep into the ground by the surveyors who laid out the
plat for the original developer. If you're lucky, you may have the same.
Try digging where the survey says the corner of your property is.



[email protected] June 24th 06 10:48 AM

Neighbor disputes my property line location
 
On Sat, 24 Jun 2006 04:27:17 GMT, "Rudy"
wrote:


Now I ****ed off a new neighbor and have a mess in my hand.


Around here, the "corners" of property are pegged with a square 1/2" X 1/2"
iron 'pin' driven deep into the ground by the surveyors who laid out the
plat for the original developer. If you're lucky, you may have the same.
Try digging where the survey says the corner of your property is.


I have that too. Last year my neighbour got really mad and threatened
to sue me because I had some tree branches trimmed off my roof.

This summer my neighbour on the other side of my house brought over a
metal detector and we found the property marker for my house. The
nine trees between the angry neighbour and my house are completely on
my side of the property line.

[email protected] June 24th 06 03:58 PM

Neighbor disputes my property line location
 
On Wed, 21 Jun 2006 11:26:31 -0700, pe wrote:

That is NUTS. Would you give away 9 feet of your property to your neighbor? I
doubt it.
I say build the fence, 6 feet high, move his car yourself, and if the neighbor
wants to sue let him.



Not only that. Once you build your fence on the wrong property line
you will have trouble selling your house should the buyer do a
property line survey.

I have a "good neighbor" case of my own. The first owner of the
adjacent property paved his driveway so that it had a wedge 50 feet
long with the base side encroaching some 24 inches into my curbside
end. To correct the property line meant he won't have access to a
rear garage should he decide to build one. Since It wouldn't affect
the placement of my yet-to-be-built house and his encroachment would
only affect my detached garage I said don't worry about it.

miamicuse June 25th 06 04:50 AM

Neighbor disputes my property line location
 

"Rudy" wrote in message
news:Fa3ng.81906$iF6.10288@pd7tw2no...

Now I ****ed off a new neighbor and have a mess in my hand.


Around here, the "corners" of property are pegged with a square 1/2" X

1/2"
iron 'pin' driven deep into the ground by the surveyors who laid out the
plat for the original developer. If you're lucky, you may have the same.
Try digging where the survey says the corner of your property is.



Same here. I can see the 3/4" iron pins. I pointed this out to my neighbor
and he says he does not know what those are and ignored the survey.

I think I will wait a week and go talk to him again, if that does not work,
then I will take a more drastic approach.

MC



Salmon Egg June 25th 06 04:58 AM

Neighbor disputes my property line location
 
On 6/24/06 8:50 PM, in article ,
"miamicuse" wrote:


"Rudy" wrote in message
news:Fa3ng.81906$iF6.10288@pd7tw2no...

Now I ****ed off a new neighbor and have a mess in my hand.


Around here, the "corners" of property are pegged with a square 1/2" X

1/2"
iron 'pin' driven deep into the ground by the surveyors who laid out the
plat for the original developer. If you're lucky, you may have the same.
Try digging where the survey says the corner of your property is.



Same here. I can see the 3/4" iron pins. I pointed this out to my neighbor
and he says he does not know what those are and ignored the survey.

I think I will wait a week and go talk to him again, if that does not work,
then I will take a more drastic approach.

MC



Such markers are around here, LA, as well. They usually are not on
boundaries, the the boundaries can be measured from them. Unfortunately,
earthquakes and trees can move them.

Bill
-- Ferme le Bush



Steve B June 25th 06 05:05 AM

Neighbor disputes my property line location
 

Such markers are around here, LA, as well. They usually are not on
boundaries, the the boundaries can be measured from them. Unfortunately,
earthquakes and trees can move them.

Bill
-- Ferme le Bush


I metal detect for a hobby. I have located many property markers for
people. The brass ones are very very easy to find. The steel stakes are
just very easy.

Steve



Jeff Wisnia June 25th 06 05:56 PM

Neighbor disputes my property line location
 
Abe wrote:



When someone responds to you like he did, just ignore them.


He? I've long thought the OP was a she...

That "cuse" part misled me...

Oh yeah, it's spelled "cooze", sorry.

Jeff


--
Jeffry Wisnia
(W1BSV + Brass Rat '57 EE)
"What do you expect from a pig but a grunt?"


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