property line dispute

[RogerTOWM 0]

My business law classes were over 20 years ago but I remember the reason I don’t like lawyers is this law. You are now aware that he is using your land; you must act on this or lose your property. I would spend the cash and see a blood sucker…wait did I say that out loud…I meant to say see an attorney. My attorney is out of town right now or I’d ask her about it for you. I just remember that if you don’t do something about it you could lose the land. It might be as simple as building a fence on your property line thus denying his adverse use of your land. The best answer is if he will agree to share the cost of a new wall and fence on the property line.

[ADV Bum 205]

I am not going to wait long to take action. He had seen that I cut down the fn bushes that I could not stand, which were next to my parking spot. It seems that I will be at the city Monday. He told me not to do anything until he sees the official survey report. He knows he wrong. He owns a landscape bussiness. He is just pissed because he spent a lot of money building that thing. When I get the official paperwork I will send it to him with a letter asking what he is going to do the remedy the situation. I want to give him an chance to do the right thing. If it looks as if he is not going to play nice, then I will start tearing the wall down. As far as we all know it is on my property (the whole thing) so therefore it is mine to do what I want. When I first commented that I thought the wall was on my property that was his exact reaction " I guess it is your wall then."

[Paul 0]

Good luck Bum. At least he does not live there so you wont have to deal with him everyday. If you tear down the wall without his consent be prepared to have a war - he may even call the cops on you: justified or not. Dont trust city govt - they could make things more difficult.

Take some time and show him the survey. Use your charm and offer to pay for the new wall. Thats cheaper than lawyers. You said that his yard is higher but you could not build on his property. Could you build it 6" on your side?

[Yeti 0]

One of the main problems with adverse possession is the tax issue. One must show that they have paid the property taxes on the property in question. Without modified plot map and deed, this does not happen. Adverse possession is on the books to discourage people from abandoning buildings and land.

Not quite correct. There are other factors to consider. Given that it's been there 20 years I suspect you're going to have some issues, especially if his property or yours has been reassessed during that time. I don't know what part of town you livve in but I'm surprised a survey wasn't done when you bought the property.

I'm a real estate lawyer, but I handle almost exclusively commercial real estate litigation. I tried to help a friend out with one of these a couple of years ago out in Alpine. Turned out she was hosed due to adverse possession.

Best of luck to you! And be careful about what you do.

[ADV Bum 205]

Yeti it sounds like you think I am in trouble. I have bought alot of property in my short life, and never has a survey been required. It would be interesting to hear how many homeowners on this site actually had a survey done when they bought thier property(suburbs not rural). The last survey that was done down by me was done in 1938 when the subdivision was created(according to the surveyor). My deed and the plot map call out what land is mine. This has never been altered. Another aspect that I think sinks him is that he built the wall in the setback of my house, wich is detramental to my property.

[PastaPilot 17]

I think an air stike is in order.

After you clean up from this, you can build your wall where it's supposed to be. F-in neighbors!!

Check your insurance, I'll be there in a few days. :heat:

J/K, good luck Mike.

[ADV Bum 205]

You can see how it limits my driveway, while he can drive a fricken mac truck through his! You can also see I cut down the big ass bushes that my truck door kept opening into. Orange stake is the real property line. Posted other pics, but only this one will come up.

[sandiegoland 0]

You can see how it limits my driveway, while he can drive a fricken mac truck through his! You can also see I cut down the big ass bushes that my truck door kept opening into. Orange stake is the real property line. Posted other pics, but only this one will come up.

The intruded space isn't even being utilized! It's for bamboo!!

Removing the wall is not going to effect his tenants one bit.

Edit: Looking at that wall he built... something doesn't look right there. Got anymore photos of it?

[DigDug 0]

You can see how it limits my driveway, while he can drive a fricken mac truck through his! You can also see I cut down the big ass bushes that my truck door kept opening into. Orange stake is the real property line. Posted other pics, but only this one will come up.

That wall should come down easily, let's get SDAR over there and practice wheelies up it, that should do it!!

I bet your fence will be harder to move than that wall.

By the way, what's up with the "Keep Out" sign on your neighbor's house.. that's cheesy.. Is it meant for you? :heat:

[ADV Bum 205]

What does not look right SDland? What fence will be harder to move than the wall Doug? Yes the Keep Out sign is meant for me!

Right before my neighbor moved out, he joined the accessory unit and the garage together making them one building. By code there was to be 10' separation. He pissed off one of his tenants and they turned him into the city. City came out and said he did a nice job and then passed it. Now I go down to build my detached garage. I wanted to put a basement under the office part of the garage. The sq ft for basement dont count against one of their ratio codes, but does for another. By code the detached garage could only be 50 percent of the main house. I called the code enforcement lady over to the desk and asked her to approve it. No. Mam you approved my neighbors, now please approve mine. I did no such thing. Yes you did now please approve mine. If I did then I made a mistake. She made him tear it down. Ouch!

[DigDug 0]

What fence will be harder to move than the wall Doug?

I was talking about he fence (it looks like a fence to me) separating your back yards - Looks to be made of concrete or something (hard to tell from the straight on photo). Or is that the retaining wall you're talking about. I thought the retaining wall just that little bit up front.. Now I see, that whole thing has to go?

Yes the Keep Out sign is meant for me!

Hehe.. I bet you're scared now!!!!

[racer270 0]

now that i see the height of the of the wall, not only would he have needed a permit,....the wall would have to have a "engineering report.." to be built ...!!!

send the owner of the property a notarized , registered letter.... and demand that he tear it down and rebuild it properly ,on his own property..." by code",....and clear all rubble form your lot.

and give him a deadline .....to have it done by.

then if he does not respond....to your demands.......you can tear it down, and send him the bill....

[Yeti 0]

Yeti it sounds like you think I am in trouble. I have bought alot of property in my short life, and never has a survey been required. It would be interesting to hear how many homeowners on this site actually had a survey done when they bought thier property(suburbs not rural). The last survey that was done down by me was done in 1938 when the subdivision was created(according to the surveyor). My deed and the plot map call out what land is mine. This has never been altered. Another aspect that I think sinks him is that he built the wall in the setback of my house, wich is detramental to my property.

I see. A picture is worth a thousand words. For some reason I thought you were rural with more spaces between houses. I'd say you've got a pretty good case.

[Strega 0]

I'll come over with my pry bar and sledge hammer.

This should be a SDAR sponsored event. We could have some SDAR Wrecking Crew shirts made up.

[ADV Bum 205]

I went and pulled his permit for the wall. He thought his property was 2 1/2 ft wider than it really is. He referenced the plot map that calls out the right dimensions, but when he drew his lot for the permit he made it wider. Even with it wider he was still outside what was approved. He also made the wall much higher after the inspector left.

[sportbiker929 0]

I went and pulled his permit for the wall. He thought his property was 2 1/2 ft wider than it really is. He referenced the plot map that calls out the right dimensions, but when he drew his lot for the permit he made it wider. Even with it wider he was still outside what was approved. He also made the wall much higher after the inspector left.

call code compliance

[ADV Bum 205]

call code compliance

That is an interesting aspect. When I was at the city and we were investigating. I discovered the problem. The clerk said there was nothing they could do about it, it was a civil matter. I would say that I could also find the city liable as he did turn in a proper map, but with some wrong info. Plan checkers, and inspector should of caught it.

I called and left a message tonight explaining that I know where he went wrong, and that I have copies to show him. Asked if he would call me back and let me know what he plans to do to remedy the situation. If I turn him into to Code enforcement his is in for a world of hurt. It says on his permit that he could not go over 4 ft at the highest point. He not only did it on our side but also built a monster on the back side. I do not want to drag the other neighbor into the problem. From what I understand they had an agreement and are ok with the situation.

[Chief Gunner 2]

I'll come over with my pry bar and sledge hammer.

This should be a SDAR sponsored event. We could have some SDAR Wrecking Crew shirts made up.

Too bad Carguy sold that loader he had, it would've made easy work of that wall....

The county property and permit folks are just about useless, our tax dollars hard at work

I too have a neighbor who has a fence along my driveway that is 3-4 feet over the line on my property, those of you that have been here know that my driveway is winding instead of a straight line like it should be.

When I bought my place she ( the neighbor) tried to tell me my driveway was an easement. I have the Original County issued parcel layout with all of the measurements and the serialized lot numbers, and it sure contradicts what she told me.

I'll be learning from your experience with this Mike. If I ever recover from that value loss on my place and come up with the money, I would like to widen out my driveway too so I can get an RV or a toy box in my driveway.

Keep the faith and keep us posted Bro.

[ADV Bum 205]

Quick update. I ended up going to a lawyer. Lawyer says it is a no brainer, and that he would be foulish to even argue. When I first met the lawyer he asked me if my neighbors name was &*^#. I guess he had called my lawyer by chance looking for someone to help him. Neighbor calls today saying that since the wall is on my property that I should pay to tear it down, then we would put it on the property line. I told him NO! YOU pay to tear it down, you put on your property like your original permit required(as is code today). He called me names and hung up! I was very hesitant to go to a lawyer, but after going to the city and hearing that their process will take forever and even then I might not get the complete desired outcome I was looking for, I had to go. Glad I did. Lawyer loved all my evidence and homework that was done.

[DigDug 0]

Quick update. I ended up going to a lawyer. Lawyer says it is a no brainer, and that he would be foulish to even argue. When I first met the lawyer he asked me if my neighbors name was &*^#. I guess he had called my lawyer by chance looking for someone to help him. Neighbor calls today saying that since the wall is on my property that I should pay to tear it down, then we would put it on the property line. I told him NO! YOU pay to tear it down, you put on your property like your original permit required(as is code today). He called me names and hung up! I was very hesitant to go to a lawyer, but after going to the city and hearing that their process will take forever and even then I might not get the complete desired outcome I was looking for, I had to go. Glad I did. Lawyer loved all my evidence and homework that was done.

Good deal... I'm glad you got the advice.

Sounds like your neighbor knew what's up and was trying to get away with having you pay for some of what he screwed up - ya can't blame a guy for trying.... :cray:

I know lawyers get a bad rap sometimes, but other times their advice is invaluable...

[ADV Bum 205]

Update.

Its over. I ended up demolishing and rebuilding the wall. First try at building a retaining wall. It was a huge project. My access went from 9' 8 to 12' 4.

His orchard got relocated to my front yard.

[Strega 0]

SWEET!!! Looks great!

[bikeslut 1]

I assume you footed the bill?

Looks good though!

[ADV Bum 205]

I made a deal with the nieghbor that he would kick in 5,000. He paid the general contractor 5,000 and I paid for the rest. I ended up over 6,000 out of pocket, and I built the wall with the general basicly my helper. This was less than the lawyer wanted to start. I now have the knowledge, skill and tools to build block walls. The main thing is I have my property back. The wall is now on his property, and any future issues will be his!

After surveying my lot and establishing the proper lines, I gained about 4-500 sq ft of my lot.

[KIP 0]

[quote name='xr650l bum' date='Dec 11 2008, 07:44 PM' post='33381'

After surveying my lot and establishing the proper lines, I gained about 4-500 sq ft of my lot.

Did you have to pay for a survey?