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MiamiCuse
 
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Default Neighbor disputes my property line location

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

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Edwin Pawlowski
 
Posts: n/a
Default Neighbor disputes my property line location


"MiamiCuse" wrote in message

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.



He should have a deed and the country records will have a deed. That will
give a description of the property, possible enough to make a good
determination.

While you don't want to **** off a neighbor, the law is the law and there is
a legal description of the property. What is a PITA is that you may end up
on court over what is probably a bad attitude. Yes, most property lines
probably are in the center, but it does n ot have to be.

If he is not interested in helping, you can probably get the deed
information from public records.


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Goedjn
 
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Default Neighbor disputes my property line location

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.

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Goedjn
 
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Default Neighbor disputes my property line location


While you don't want to **** off a neighbor, the law is the law and there is
a legal description of the property. What is a PITA is that you may end up
on court over what is probably a bad attitude. Yes, most property lines
probably are in the center, but it does n ot have to be.



This is only true if the minimum setbacks pretty much force it. If
there's room to offset the house, people frequently do, because
a seven-foot yard on one side and a 21 foot yard on the other is
a lot more useful than two 14 foot yards.
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badgolferman
 
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Default Neighbor disputes my property line location

MiamiCuse, 6/21/2006, 1:40:28 PM,
. com wrote:

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

Any advise?

MC


Go to the county office together (or alone) and look at the plans they
have there. That should clear up any misunderstandings, although not
hurt feelings.


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dadiOH
 
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Default 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?


You're going to build a fence so it doesn't matter if he is ****ed or not.
Tell him to move the car or lose the half on your side. Probably not legal
to have disabled vehicles sitting around anyway.


--

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



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Posted to alt.home.repair
Greg M
 
Posts: n/a
Default Neighbor disputes my property line location


"dadiOH" wrote in message
news:[email protected]...
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?


You're going to build a fence so it doesn't matter if he is ****ed or not.
Tell him to move the car or lose the half on your side. Probably not
legal
to have disabled vehicles sitting around anyway.


My thoughts exactly. Look into the zoning and see if there's something about
disabled vehicles. Also, if you're part of some kind of homeowners
association, I'd be surprised if there wasn't rules against that.

Greg M


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Andy Asberry
 
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Default Neighbor disputes my property line location

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?

MC


If someone gets killed using an engine hoist to repair the vehicle,
he'll, then, happily point out that it is on your property.

--Andy Asberry recommends NewsGuy--
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Cheri
 
Posts: n/a
Default Neighbor disputes my property line location




pe wrote in message ...
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?

Build a high fence.


Yes, perhaps something involving electricity. ;-) Seriously, it sounds
like you tried to be reasonable with your neighbor, but sometimes the
"new kid on the block" gets kicked around by the "territorial old
heads," unless you stand your ground, which I would. Just because his
car is parked there, doesn't mean it should be, it just means nobody has
challenged it until now. Good luck.

Cheri

Cheri


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Posted to alt.home.repair
Oren
 
Posts: n/a
Default Neighbor disputes my property line location

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?

MC


Quote:

"The Miami-Dade County Property Appraiser uses the "My Home"
Geographic Information System application to provide Real Property
information on individual parcels of land. Through the use of
up-to-date technology and the Internet, you are now able to search our
database and find information on almost any parcel of land in
Miami-Dade County. You can view a detailed map of the parcel area and
print property information. A text only version is available for a
faster response time. Click the button below to begin.''

Link:

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

I suspect you will be able to view most all you need here to clarify
the property bounders. Our local government allows me to see
measurements, etc. Let the guy look at his own property on-line.

The guy has to get over it. Do not put your fence or construction
debris very (too) close to his property.

BTW, the cars in some neck-of-the-woods are considered "yard
ornaments".....


Oren


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Goedjn
 
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Default Neighbor disputes my property line location


Any advise?

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


That is NUTS. Would you give away 9 feet of your
property to your neighbor? I doubt it.


I might, depending on the property in question, and
whether the neighbor in question ****es me off.


I say build the fence, 6 feet high, move his car yourself,
and if the neighbor wants to sue let him.

Once he realizes he can't intimidate you he will cool off.


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Tom G
 
Posts: n/a
Default Neighbor disputes my property line location



Quote:

"The Miami-Dade County Property Appraiser uses the "My Home"
Geographic Information System application to provide Real Property
information on individual parcels of land. Through the use of
up-to-date technology and the Internet, you are now able to search our
database and find information on almost any parcel of land in
Miami-Dade County. You can view a detailed map of the parcel area and
print property information. A text only version is available for a
faster response time. Click the button below to begin.''

Link:

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

I suspect you will be able to view most all you need here to clarify
the property bounders. Our local government allows me to see
measurements, etc. Let the guy look at his own property on-line.
Oren


My county in N. Illinois, also has on line aerial views of all properties
with property lines superimposed. However they point out that the lines are
for reference only and not a legal survey. In my case, the lines are a good
20 to 30 feet to the South of where the actual survey that I just had done,
shows the real line to be. So I would suspect that Miami/Dade may have a
similar warning on their website. In fact in my case, the surveyor pointed
out that the hand drawn picture of a circular drive separating my property
from my neighbor to the North had been misinterpreted as a full circle
coming back toward my house (it leads down to the river) but in reality only
circles until it is headed directly towards the river and then from there on
is straight. Mute point as it was never actually put in.

Tom G.


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Posted to alt.home.repair
 
Posts: n/a
Default Neighbor disputes my property line location


zapalac wrote:
"MiamiCuse" wrote in
ups.com:

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


Put up the highest fence premitted. Do it fast. This guy is a jerk. Ask
the town what to do about him not moving his car.


a angry neighbor can make your life hell....

dogs barking police calls, noisey brawls, nasty friends. just to name a
few...

at least try to be nice, and find a impartial person to check out the
lines.

we inally moved after a neighbor dispute that began much as this one
did. they did EVERYTHING to make us unhappy. were very successful. my
grandma bnever really got over moving, and always missed our old home

  #15   Report Post  
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Kurt Ullman
 
Posts: n/a
Default Neighbor disputes my property line location

In article ,
rosebud 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...


On Wed, 21 Jun 2006 14:14:27 -0400, Goedjn wrote:
Decide which you value more, a happy neighbor, or your
property. You're not going to get both.


while deep in thought 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.

Once he realizes he can't intimidate you he will cool off.

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


Maybe ask the zoning people and my insurance agent about the use of
razor wire. (g).


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Muff
 
Posts: n/a
Default Neighbor disputes my property line location

Call the local Code enforcement agency and tell them there is an abandoned
car on your property. Build your fence and ignore the guy in the future.
Muff


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

a survey.




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Posted to alt.home.repair
digitalmaster
 
Posts: n/a
Default Neighbor disputes my property line location


"MiamiCuse" wrote in message
ups.com...
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

sounds as if another member of the household (wife?) may be pushing
him,perhaps he is an alright guy.


  #18   Report Post  
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m Ransley
 
Posts: n/a
Default Neighbor disputes my property line location

The best thing to do is make friends, get some booze and food and invite
him over. Making an enemy might ruin what you just bought, neighbors of
hell exist.

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PanHandler
 
Posts: n/a
Default Neighbor disputes my property line location


"MiamiCuse" wrote in message
ups.com...
Any advise?

http://public.fotki.com/PanHandler/m...ous/page2.html



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Jeff Wisnia
 
Posts: n/a
Default 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



You just pointed out after the fact a good reason for getting a survey
prior to your closing the deal on that house. If you had, the seller
might have been able to get further with his neighbor than you, the new
kid on the block are getting now.

As others have said, you've got to decide which way you want to push
your problem, you'll likely not be able to end up with both your fence
where you want it and a good relationship with that neighbor. Take your
pick.

**************************

Ah feel yur pain, 'cause a new neighbor swiped about 300 square feet of
our home's lot a couple of years ago when I wasn't paying close enough
attention to what his landscapers were doing. He had them build some
stone retaining walls and planted grass and shrubs on an uncleared
portion of our lot which we weren't using. 15+ years of tree and brush
growth had dulled my memories of where the original survey lines were.

Before I mentioned anything to him I hired a surveyor and spent about
$1,250 getting the lines restaked. A couple of the new survey markers
ended up plunked into his new lawn. This time I made sure I took several
photos of the survey markers in relation to fixed objects so I can use
the pictures for future reference.

I approached the neighbor and asked if he'd be willing to buy the land
he was using from me, for it's proportionate tax assessed value (about
$6,000) or perhaps do a deal with me to annually reimburse the property
taxes I pay on that bit of land (about $90/year nowadays.)

He stalled me for a few months, and I finally decided that it wasn't
worth getting into a ****ing contest with the guy over a bit of land I'd
prolly never want to use anyway, or get involved in a legal hassle which
would undoubtedly benefit my lawyer more than it would me. (Like my
uncle Schlomo used to say, "What do you expect from a pig but a grunt?")

Even putting up an ugly fence along my property line through part of
what he'd turned into "his yard" would be an expense that wouldn't gain
me anything, but would give the neighbor reason to hate my guts and
perhaps do nasty hard to prove things to our property or pets.

So, this way I'm still able to wave hello to him when we're both
outside. He returns the wave, and then I turn away so he doesn't see me
muttering "asshole" under my breath.

That neighbor put his place up for sale a few months ago and I called
the listing realtor, introduced myself, and told her to make darn sure
she told potential buyers where the property line was. She seemed to
understand. Maybe the next owner of that home will have a more
responsible attitude towards things and want to do a deal with me over
"my land" when they buy the place. It still does **** me off a little
four times a year when I'm writing a check to our town for property tax
and I remember that the neighbor is enjoying the use of part of "his"
back yard "tax free".

BTW, adverse possession isn't a factor in our case. Our lot is a class
of property called "Registered Land" here in Massachusetts, and we
retain the right to kick any encroacher off no matter how long they've
"borrowed" the use of part of it.

Jeff

--
Jeffry Wisnia
(W1BSV + Brass Rat '57 EE)
"Rudeness is the weak man's imitation of strength."


  #21   Report Post  
Posted to alt.home.repair
Cheri
 
Posts: n/a
Default Neighbor disputes my property line location

Only if you're a liberal, and don't mind smiling while people are
kicking you in the teeth.

--
Cheri



m Ransley wrote in message
...
The best thing to do is make friends, get some booze and food and invite
him over. Making an enemy might ruin what you just bought, neighbors of
hell exist.


  #22   Report Post  
Posted to alt.home.repair
PipeDown
 
Posts: n/a
Default Neighbor disputes my property line location


"rosebud" wrote in message
...
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...


On Wed, 21 Jun 2006 14:14:27 -0400, Goedjn wrote:
Decide which you value more, a happy neighbor, or your property.
You're not going to get both.


while deep in thought 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.

Once he realizes he can't intimidate you he will cool off.

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


Give him some time, you don't need the fence right away, many people buy a
house and that's the very first home improvement project they do, screen out
the neighbors. Not saying you shouldn't, just soak in the new house and see
how it sits.

In the end, you just need him come around and accept that he was mistaken
about the property line all along. It happens all the time, people make
assumptions based on geographical boundaries and assume they are the same as
the legal property lines, its an easy mistake especially if the previous
owner of your house had the same mistaken belief. He may find he has more
on the other side of his house, maybe the developers didn't build in the
center of the lots.

You should be able to get the original surveyor to come back out and explain
the survey to you and your neighbor at the same time. Perhaps coming from
the professional, it will be irrefutable. He'll probably do it for free but
don't be surprised if he wants a small fee for a meeting.

In the end, you are perfectly within the law to Abate a Nuisance by Removing
it from your property even without notice. Just jack it onto some dollies
and push it sideways over the line (just kidding, you'll work it out if you
don't push too hard.)


  #23   Report Post  
Posted to alt.home.repair
 
Posts: n/a
Default Neighbor disputes my property line location


Goedjn wrote:
Any advise?

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


That is NUTS. Would you give away 9 feet of your
property to your neighbor? I doubt it.


I might, depending on the property in question, and
whether the neighbor in question ****es me off.


I say build the fence, 6 feet high, move his car yourself,
and if the neighbor wants to sue let him.

Once he realizes he can't intimidate you he will cool off.



After you check and make sure the land is yours and if he refuses to
move the car - see if you can have the car towed. You can claim it was
abandoned on your property. If the former owner was paying his taxes
properly and he must have been or you would have found out at the
closing, the neighbor has not been paying taxes on that piece of land.
You can verify it with property appraiser's office. I am in Pinellas
Co. FL and the property appraiser here has a web site showing who owns
what. Check the Dade Co. web site and see if you can find out anything
online.

  #24   Report Post  
Posted to alt.home.repair
Jim McLaughlin
 
Posts: n/a
Default Neighbor disputes my property line location


"MiamiCuse" wrote in message
ups.com...
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


Any advice?

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

Reply address is deliberately munged.
If you really need to reply directly, try:
jimdotmclaughlinatcomcastdotcom

And you know it is a dotnet not a dotcom
address.


  #25   Report Post  
Posted to alt.home.repair
Cheri
 
Posts: n/a
Default Neighbor disputes my property line location

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. :-)

--
Cheri



Abe wrote in message ...
Call the local Code enforcement agency and tell them there is an

abandoned
car on your property.

Are you really just that stupid? or just joking?





  #26   Report Post  
Posted to alt.home.repair
Cheri
 
Posts: n/a
Default Neighbor disputes my property line location

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.:-)

--
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

Reply address is deliberately munged.
If you really need to reply directly, try:
jimdotmclaughlinatcomcastdotcom

And you know it is a dotnet not a dotcom
address.




  #27   Report Post  
Posted to alt.home.repair
JimR
 
Posts: n/a
Default Neighbor disputes my property line location


"MiamiCuse" wrote in message
ups.com...
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


Several have suggested using the county web site and lot descriptions.
That's a free way to reconfirm your survey is correct. There's one more
step that no one has mentioned so far. Since you've just bought the house
and had a new survey, go back to the lawyer you used during closing and
explain the problem to him. That initial consultation shouldn't cost you
anything, and it may be that the easiest way to get the car moved is to pay
the lawyer for a couple of hours of work to solve the problem in a
completely open and legal way.

You DID use a lawyer at closing, right?

-- Regards


  #28   Report Post  
Posted to alt.home.repair
Jim McLaughlin
 
Posts: n/a
Default Neighbor disputes my property line location

Cute.

Stupid.

But cute.

I'm just somebody who actually looks at property before I buy it, notes
obvious issues and insists on the seller resolving them befor I part with a
quarter million bucks.

Apparently neither you nor miamicuse find such everyday caution prudent.

Sort of like this farce posted by miamicuse, as well as the two days ago
post by miamicuse whining about a van apparently left on he front of the
property by his sellers.

Or is this newy found car the same as the van miamicuse was ostng about a
day r two ago.

Miamicuse is too stupid to be allowed out withiut an escort.

--
Jim McLaughlin

Reply address is deliberately munged.
If you really need to reply directly, try:
jimdotmclaughlinatcomcastdotcom

And you know it is a dotnet not a dotcom
address.
"Cheri" gserviceatinreachdotcom wrote in message
. ..
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.:-)

--
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

Reply address is deliberately munged.
If you really need to reply directly, try:
jimdotmclaughlinatcomcastdotcom

And you know it is a dotnet not a dotcom
address.






  #29   Report Post  
Posted to alt.home.repair
mm
 
Posts: n/a
Default Neighbor disputes my property line location

On 21 Jun 2006 16:05:25 -0700, "
wrote:


Goedjn wrote:
Any advise?

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

That is NUTS. Would you give away 9 feet of your
property to your neighbor? I doubt it.


I might, depending on the property in question, and
whether the neighbor in question ****es me off.


I say build the fence, 6 feet high, move his car yourself,
and if the neighbor wants to sue let him.

Once he realizes he can't intimidate you he will cool off.



After you check and make sure the land is yours and if he refuses to
move the car - see if you can have the car towed.


I have doubts about pushing it back on his property beffore he has
agreed to it, but this is just crazy. It's his car, and you are
recommending the OP snatch it. They will always be enemies if he does
this.

You can claim it was
abandoned on your property.


He can claim all he wants, but it's not abandoned. His neighbor
believes that it is on his property, and iiuc, half of it is.

If the former owner was paying his taxes
properly and he must have been or you would have found out at the
closing, the neighbor has not been paying taxes on that piece of land.


The neigbhor doesn't know that. So it doesn't matter.

It might matter with regard to adverse possession, but I don't think
there is much chance that the nbor has gained adverse possession.
There are a lot of requirements, and the OP should see the entire
florida statute, plus all the case decisions that follow from it. If
there is a public law library, or the book is at the public library,
he should read the Florida Annotated Code, but even there, he'll only
find a tiny summary of each case decision, and it may be hard to read
in the strange language they sometimes use.

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.

Nexus/Lexis has case law, but it's hard to find that for free.

You can verify it with property appraiser's office. I am in Pinellas
Co. FL and the property appraiser here has a web site showing who owns
what. Check the Dade Co. web site and see if you can find out anything
online.


The hard part is convincing the neighbor. I don't know how much
surveys cost or if the neighbor will want a full survey or only a
surveyor to review the OP's survey. Rather than or in addition to the
dinners, the OP might agree to pay for half of the neighbor's expense
on this. Of course he's not entitled to that, but the goal is to be on
good terms with someone he might spend 40 years living next to.

The OP may wish to aks on misc.legal.moderated and for more general
info on adverse possession IMO, groups google this ng in the past two
weeks on the word "eunuch".
  #30   Report Post  
Posted to alt.home.repair
mm
 
Posts: n/a
Default Neighbor disputes my property line location

On Wed, 21 Jun 2006 18:38:36 GMT, "dadiOH"
wrote:

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?


You're going to build a fence so it doesn't matter if he is ****ed or not.
Tell him to move the car or lose the half on your side. Probably not legal
to have disabled vehicles sitting around anyway.


Also shouldn't be threatening him about the law and his cars. Noone
likes a rat for a neighbor. It's one thing to insist on the land the
OP thinks he owns, but to imply he will sic the cops on the neigbor is
nasty.

If the OP were going to look at them all the time and didn't want to,
that would be one thing, but he's building a fence. If it is a solid
fence, he's already imposiing on the neigbhor because even though he
has a right to build a fence, the neighbor probably likes the view and
the unfettered breeze that goes through his back yard.



  #31   Report Post  
Posted to alt.home.repair
mm
 
Posts: n/a
Default Neighbor disputes my property line location

Plus the day may come when the OP may want to violate some rule, or
may do so unknowingly. Rules like not keeping cars on your property
only matter if someone is upset by their violation. IF the OP is upset
by what the nbor does, the nbor will be upset every time the OP breaks
a rule, even a little bit. And he'll call the police on him.
  #32   Report Post  
Posted to alt.home.repair
mm
 
Posts: n/a
Default Neighbor disputes my property line location

On 21 Jun 2006 14:05:31 -0700, "MiamiCuse"
wrote:


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.


Post your town and street address and all of us will help you examine
the maps.

Also post your neighbor's addresss and the times that his wife
sun-bathes.

MC


  #33   Report Post  
Posted to alt.home.repair
mm
 
Posts: n/a
Default Neighbor disputes my property line location

On 21 Jun 2006 14:18:48 -0700, "
wrote:


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

Any advise?

Put up the highest fence premitted. Do it fast. This guy is a jerk. Ask
the town what to do about him not moving his car.


a angry neighbor can make your life hell....

dogs barking police calls, noisey brawls, nasty friends. just to name a
few...

at least try to be nice, and find a impartial person to check out the
lines.

we inally moved after a neighbor dispute that began much as this one
did. they did EVERYTHING to make us unhappy. were very successful. my
grandma bnever really got over moving, and always missed our old home


What's interesting is that there are so clearly two sides to the
advice here. I haven't counted how many are on each side, but I think
we can see one or more of the causes of war.
  #34   Report Post  
Posted to alt.home.repair
mm
 
Posts: n/a
Default Neighbor disputes my property line location



m Ransley wrote:
The best thing to do is make friends, get some booze and food and invite
him over. Making an enemy might ruin what you just bought, neighbors of
hell exist.


On Wed, 21 Jun 2006 15:15:36 -0700, "Cheri" gserviceatinreachdotcom
wrote:

Only if you're a liberal, and don't mind smiling while people are
kicking you in the teeth.


It's strange that you think the OP's problem is related to
liberal/conservative.

Or maybe you think that any advice that promotes friendship and peace
comes from liberals. That's quite an indictment of conservatives.

But you're only speculating. Send the original post to some of your
conservative friends, without saying why, and see what their advice
is. Please, let us know what they all say.

--
Cheri


  #35   Report Post  
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mm
 
Posts: n/a
Default Neighbor disputes my property line location

On Wed, 21 Jun 2006 16:25:37 -0700, "Cheri" gserviceatinreachdotcom
wrote:

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.


Those cars are really junked or abandoned. They're stolen and
abandoned, and the owners have no way to find them. Or they're
abandoned by the owner who is never coming back for them.

So it's usually good to call the police.

The OP knows exactly who this car belongs to. That's why Abe asked
his question.

Might work a lot better than grabbing
your gun, though maybe not as satisfying. :-)

--
Cheri



Abe wrote in message ...
Call the local Code enforcement agency and tell them there is an

abandoned
car on your property.

Are you really just that stupid? or just joking?




  #36   Report Post  
Posted to alt.home.repair
boden
 
Posts: n/a
Default Neighbor disputes my property line location

Before you get in too deep I'd suggest getting a survey done that
includes the placement of boundary markers by the surveyor and results
in you receiving a drawing showing those markers from the surveyor that
bears his signature and seal. Surveys done for title companies are
sometimes less than perfect.

If the surveyor has to affix his seal and signature he will search far
enough back, and verify the boundaries well enough to protect his
professional reputation, license and E&O (Errors & Omissions) insurance
carrier. Also, you will be his client, not the bank.

There is a good chance the the boundary is not exactly where you or your
neighbor think it is.

Boden

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


  #37   Report Post  
Posted to alt.home.repair
mm
 
Posts: n/a
Default Neighbor disputes my property line location

On Wed, 21 Jun 2006 18:14:55 -0400, Jeff Wisnia
wrote:

MiamiCuse wrote:
Any advise?
MC


As others have said, you've got to decide which way you want to push
your problem, you'll likely not be able to end up with both your fence
where you want it and a good relationship with that neighbor. Take your
pick.


I'm not at all suggesting that the op put his fence where the neighbor
says his line is, but if he does do something like that, the OP should
take steps to prevent the neighbor from gaining adverse possession.

For one thing, he should, and I'm no;t sure the best method for later
proof, notify the nbor that although he is building the fence inside
his property line, he is not waiving his right to the rest of his
property, and he is granting PERMISSION to the nbor to use it until
the OP wants it back. In a way this could be the worst of both
worlds-- he won't have the land and the nbor may well be angry, but
otoh, the nbor may sell the house in 3 years, or for some other reason
the OP may want to pursue his valid claim, and this will keep the time
from now until then from being included in the 7 years I think someone
said Florida required for adverse possession.

Even this piece of this is complicated, and it might be adviseable to
see if the nbor has any chance of ever getting adverse possiession.
Do they require claim of right in Florida? For that matter, the state
of Louisiana is governed in some or large part by French law. Is
Florida at any rate affected by Spanish law? I've never heard that.

Do all 6 parts of the Eunuch rule of adverse possession apply in
Florida? Are there additional requirements?


BTW, there are questions of proof. In the same way the OP may not be
able to get support from his seller that the neighbor knew where the
propertyh line was etc. or that he gave him permission to use that
strip, the mail forwarding for the seller will expire soon, and unless
he has an unusual name, he may be unfindable by the nbor. Thus,
although he may be able to prove it with his own friend's or his kids'
friends, the nbor might not be able to prove he was using the OP's
land before the OP got there, or 7 years before, even if he was. So
maybe the adverse possession time will "toll" only after the OP bought
the house.

How long has the n'bor owned his house. I think the time limit starts
anew when the house is sold. Lots of legal questions here, maybe the
legal ng can answer some.

**************************

Ah feel yur pain, 'cause a new neighbor swiped about 300 square feet of
our home's lot a couple of years ago when I wasn't paying close enough
attention to what his landscapers were doing. He had them build some
stone retaining walls and planted grass and shrubs on an uncleared
portion of our lot which we weren't using. 15+ years of tree and brush
growth had dulled my memories of where the original survey lines were.

Before I mentioned anything to him I hired a surveyor and spent about
$1,250 getting the lines restaked. A couple of the new survey markers
ended up plunked into his new lawn. This time I made sure I took several
photos of the survey markers in relation to fixed objects so I can use
the pictures for future reference.

I approached the neighbor and asked if he'd be willing to buy the land
he was using from me, for it's proportionate tax assessed value (about
$6,000) or perhaps do a deal with me to annually reimburse the property
taxes I pay on that bit of land (about $90/year nowadays.)

He stalled me for a few months, and I finally decided that it wasn't
worth getting into a ****ing contest with the guy over a bit of land I'd
prolly never want to use anyway, or get involved in a legal hassle which
would undoubtedly benefit my lawyer more than it would me. (Like my
uncle Schlomo used to say, "What do you expect from a pig but a grunt?")

Even putting up an ugly fence along my property line through part of
what he'd turned into "his yard" would be an expense that wouldn't gain
me anything, but would give the neighbor reason to hate my guts and
perhaps do nasty hard to prove things to our property or pets.

So, this way I'm still able to wave hello to him when we're both
outside. He returns the wave, and then I turn away so he doesn't see me
muttering "asshole" under my breath.

That neighbor put his place up for sale a few months ago and I called
the listing realtor, introduced myself, and told her to make darn sure
she told potential buyers where the property line was. She seemed to


Good for you. There might be more that you can do.

understand. Maybe the next owner of that home will have a more
responsible attitude towards things and want to do a deal with me over
"my land" when they buy the place. It still does **** me off a little
four times a year when I'm writing a check to our town for property tax
and I remember that the neighbor is enjoying the use of part of "his"
back yard "tax free".

BTW, adverse possession isn't a factor in our case. Our lot is a class
of property called "Registered Land" here in Massachusetts, and we
retain the right to kick any encroacher off no matter how long they've
"borrowed" the use of part of it.


Verry interesting.

Jeff


  #38   Report Post  
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Cheri
 
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Default Neighbor disputes my property line location





jimmy
Or get a mean pitbull and chain it to that side of your house on a 15

foot
chain.
After a few days they will be begging you to put up a fence.


Why would you do that to the poor pit bull? IMO owners should work it
out on their own, and leave the dog out of it. Gee, we have our pit
bull, on a chain, in the sun, next to the property line, with no water,
but we never knew he/she could be mean. Leave the dog out of it, and try
to work it out on a human level, though in some cases the dog might be
smarter.

Cheri


  #39   Report Post  
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miamicuse
 
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Default Neighbor disputes my property line location

Jim:

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
several posts made by me on different subjects? I think what I am asking is
a common sense question that probably needs a common sense answer before I
resort to legal channels, so if next time someone walks the dog and let the
dog crap on my front door, and I ask for advise would your advise be to hire
a lawyer too? See my answers to your questions inline below.

MC

"Jim McLaughlin" jim.mclaughlin wrote in message
news


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.

Yes, the property has an IRS lien. The lien last ten years if it does not
refile. I bought the property ten days after the ten year anniversary
expired. It is the job of the title company to search and handle this
matter. They have verified that no refiling has occured and even if so it
would be against the previous owner and would not have transferred to the
property since the ownership has changed. I have purchased title insurance.
In fact, I have paid for title insurance for the lender AND title insurance
for myself for extra insurance.

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


Why do you assume I did not hire an RE lawyer to handle the transaction? Is
hiring a lawyer and seeking common sense advise mutually exclusive?


What does the lawyer who represented you in this transaction say about the
car on the property which you allege is yours?


Transaction is over. I own the property now. The closing happened a month
ago. My lawyer is no longer involved.


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


Yes.


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


No. It is irrelevant. I do not understand your point. At the time I
purchased the property there is a tenant occupying the house. I naturally
assumed the car is his. There is no reason to assume otherwise.


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


Yes, and I did.


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


What is your point?


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.


The problem, I think is that truly intelligent people know they are
intelligent, the not so intelligent ones know they are not so intelligent.
The truly stupid people are too stupid to know they are stupid and they
actually think they are smart. So they sit at the bottom of a well, keep
looking up and keep telling others how small and round the sky is.


--
Jim McLaughlin

Reply address is deliberately munged.
If you really need to reply directly, try:
jimdotmclaughlinatcomcastdotcom

And you know it is a dotnet not a dotcom
address.




  #40   Report Post  
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zxcvbob
 
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Default Neighbor disputes my property line location

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?


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.

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




It depends a lot whether the license plates is current or not.

Best regards,
Bob
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