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Property lines?
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opossum puncher
 
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Property lines? - November 11, 2016, 12:56 PM

Buying a new home, looks like the neighbor has paved a bit of our property as their driveway, there will be an assessment and property lines will be marked as part of the buying process, what do I need to do to ensure the property is still owned by me? I dont care that its paved and they use it to park, but I want to maintain ownership.

Also renting out my home in woodbridge, any people who have recommendations or lessons learned for me, first time renting.

Renting our 2 level condo, 1600 sq ft, 3 bed, 2 1/2 bath, gated community with pools, gym, rock wall, garbage and water included, 1 car garage, 5" hardwood, granite, etc if you know anyone whos interested, will be on the market in about a week.


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November 11, 2016, 01:23 PM

Adverse possession. Don't give them an inch.


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opossum puncher
 
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November 11, 2016, 01:31 PM

No intention to, but I would hope I would not need to tare up their driveway. I think it might be a spot of contention, walking the new property (1/2 acre) right on the line, like to the foot, they have set up a fire pit and chairs/table. I have two little ones and would really like to make good with the neighbors, we are looking at this as our forever home.


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November 11, 2016, 01:33 PM

having property wars at the vacation house...but its for some other neighbors...new ones just came in and marked off the line lol and the pink ribbons show my old neighbors have there shit on the new nighbors land LOL ....and someone is pissed.


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November 11, 2016, 01:33 PM

also funny because i went to Ace to get some white poles and orange ribbons to make off my property lines out in the creek.


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November 11, 2016, 01:37 PM

I'd ask the attorney you will be using for closing their take on it. I understand not wanting to get off on the wrong foot with your neighbors but it's not something you want to just brush off. You may think this will be a forever home but life is rarely that certain. You may want to move some day and when that day comes you can bet most potential buyers will not buy a house with disputed property lines.


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November 11, 2016, 02:33 PM

How do I deal with them already having paved what looks like my property? Do I have to mark it as mine, can I notify them of it and let it stay? There is no attorney that I know of in this process.


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November 11, 2016, 04:50 PM

Title agency should have it surveyed.


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November 11, 2016, 05:49 PM

If they continue to use your property without your permission, they could indeed eventually claim it by adverse possession... depending upon how long that they have been using it, they may have a claim already. You need to have your lawyer write up a short document that gives them permission to use the area; it should stipulate that you reserve the right to rescind that permission at any time. They should sign this document. If they don't, you need to get them off your property. Have you ever rented a jackhammer before? Listen to your lawyer's advice about how to proceed with the property reclamation.
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November 11, 2016, 06:57 PM

You don't have to do anything. Your Real Estate agent should handle the process.

Even if the intrusion is excusable (by you), it's best to get it on record that they have encroached on your property.

The best way to start this off is with a simple "Hi new neighbor, regrettably I have to inform you that..." conversation, followed by a certified letter (for your own protection).


After that they only go forward process is legal unless they are willing to jackhammer out and restore the area that is on your property of their own volition.



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November 12, 2016, 06:00 AM

Yea as others said, if you allow them to use and maintain part of your property a period of time (10 years) they can actually have a legal claim to the property.

Maybe you could sell them the small strip now, that way you at least get some money and avoid the future loss.


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November 12, 2016, 07:30 AM

Adverse possession is very very difficult to prove. If you get clear title to the property any clock your neighbor may think he has resets. If you buy the property, have the section removed even if you have to pay for it. Adverse possession includes more than simple "maintenance." Your neighbor would have to claim exclusive use meaning you or the previous owner never set foot on that portion of the property.
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November 12, 2016, 05:41 PM

I definitely wouldn't remove that section of the driveway before trying to work things out with the neighbors.. If they're dicks, then yeah tear it out.

I'm in a rural community up here, and property lines are super fuzzy. We all know where they are, but nobody really cares. 90% of my firewood stacks are on my neighbor's land. I asked if he was using that area, he said nah, go ahead.

As said above, adverse possession is very hard to prove, and usually is only granted where there's a hard barrier (fence) or structure in place. Driveway and firepit? Nah.

Just go knock on their door, bring cookies, and just make sure they know where the property lines are. Good neighbors are a very very very good thing to have.

Tearing out part of their driveway day 1 would be a really shitty way to start the relationship.
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November 12, 2016, 08:55 PM

Before you buy the house the current owners should be paying for a survey. Once the survey is done, the area they're intruding on will become apparent. At that time it's time to talk to your Realtor and get advice.

As far as your rental property, whatever you do DO NOT GET A MANAGEMENT COMPANY! That's all the advice I can give you. Make sure you cross your t's and dot your i's in terms of background checks, call at least two of their previous landlords etc...


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November 14, 2016, 10:33 AM

Thanks everyone, I will follow up with the title company and determine the lines/processes. I hope to start the neighbor relationship off good, Id hate to have neighbor issues.


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