1. Welcome to Tacoma World!

    You are currently viewing as a guest! To get full-access, you need to register for a FREE account.

    As a registered member, you’ll be able to:
    • Participate in all Tacoma discussion topics
    • Communicate privately with other Tacoma owners from around the world
    • Post your own photos in our Members Gallery
    • Access all special features of the site

Advice needed for a property line dispute...

Discussion in 'Off-Topic Discussion' started by kingston73, May 1, 2013.

  1. May 1, 2013 at 11:43 AM
    #41
    guitarjamman

    guitarjamman Well-Known Member

    Joined:
    Jan 4, 2013
    Member:
    #94410
    Messages:
    711
    Gender:
    Male
    First Name:
    Zach
    MA
    You are right in stating that the two bounds may not be in the correct position - there is a lot of liability with only using two of them as you and I know. The only reason I have been running on pulling the string has been to try and save him some money; all his deeds and plans are land courted which leaves little room for discrepency in the bearings/distances. His neighbor could certainly contest the line he has flagged out, but could also contest any work a surveyor would conduct (and from the history and sounds of the guy, it is a decent possibility). The pulling string and basing off two bounds method is more of a warning that he is serious about getting the shit moved off his lot; most people would take it to heart and move the materials - the threat of sueing for damages to his property (killed grass, regrading) will hopefully wake him and have him come to his senses.
     
  2. May 1, 2013 at 11:56 AM
    #42
    taco2010trd

    taco2010trd Well-Known Member

    Joined:
    Apr 15, 2012
    Member:
    #76977
    Messages:
    54
    Gender:
    Male
    Subd good luck op
     
  3. May 1, 2013 at 11:58 AM
    #43
    TacoDaTugBoat

    TacoDaTugBoat Well-Known Member

    Joined:
    Mar 24, 2009
    Member:
    #15090
    Messages:
    1,117
    Gender:
    Male
    Goshen, Ct
    Vehicle:
    13 DCLB TRD Sport
    Can we see some pictures?
     
  4. May 1, 2013 at 12:15 PM
    #44
    4WD

    4WD cRaZy oLdmAn

    Joined:
    Jul 2, 2009
    Member:
    #19185
    Messages:
    22,409
    Gender:
    Male
    First Name:
    Doug
    Gardnerville, Nevada
    Vehicle:
    No Truck
    Grey wire MOD, deck plate, diff breather MOD, 2nd gen. OME 883# on Tundra 5100's, OMD custom 3" leafsprings, rear shock relocation, Ivan Stewart TRD rims w/285/75/16's, '02 bumper MOD, Famous Fabrications sliders , LED interior/exterior lights, bed bar, Custom tube bumper, Old school KC day lighters,Red Ring 8" HID flood, Kenwood vhf 2M.. umm some other shit I'm forgetting right now

    This, & you need to realize that 2 diff. surveys often get 2 diff results..

    Ideally for you , is that you & neighbor could at least be civil enough to find & agree on another survey/surveyor, split the cost & abide & accept the results of the agreed upon survey, of course this has to be in writing

    (which shouldn't be a problem for either) If it is found in your favor & neighbor renigs on agreement , you have no choice but to pursue it in civil court... good luck whichever way you go...
     
  5. May 1, 2013 at 5:34 PM
    #45
    packfan88

    packfan88 Very Nice !

    Joined:
    Nov 13, 2008
    Member:
    #10727
    Messages:
    382
    Gender:
    Male
    Staten Island, NY
    Billy Lift, Duratracs, Westin Step bars, tinted, rain gaurds, EBC rotors hawk pads
    So you are willing to get a survey done to go to court but wont get one done to bring to your neighbor as a man and show as proof he is on your land. It makes total sense.

    Might as well go get a few gallons of gas and have a bonfire with that wood and then use the dirt to build a wall between you and your neighbor.
     
  6. May 1, 2013 at 5:36 PM
    #46
    packfan88

    packfan88 Very Nice !

    Joined:
    Nov 13, 2008
    Member:
    #10727
    Messages:
    382
    Gender:
    Male
    Staten Island, NY
    Billy Lift, Duratracs, Westin Step bars, tinted, rain gaurds, EBC rotors hawk pads

    why would the neighbor cover half the cost to stake someone elses property?
     
  7. May 1, 2013 at 5:41 PM
    #47
    VolcomTacoma2011

    VolcomTacoma2011 Well-Known Member

    Joined:
    May 25, 2011
    Member:
    #57205
    Messages:
    7,588
    Gender:
    Male
    First Name:
    Jeff
    Fairfield, NorCal
    Vehicle:
    2011 TRD TX|Pro PreRunner DC
    Stock-trading in soon
    Why not. Its on his property...
     
  8. May 1, 2013 at 5:42 PM
    #48
    OZ-T

    OZ-T All of those moments....will be lost.....in time

    Joined:
    Dec 15, 2009
    Member:
    #27584
    Messages:
    21,999
    Gender:
    Male
    First Name:
    Peter North
    British Columbia
    Vehicle:
    Mag Grey 09 Trd Sport DCLB 4x4
    OME 885x , OME shocks and Dakars , Wheelers SuperBumps front and rear , 275/70/17 Hankook ATm , OEM bed mat , Weathertech digifit floor liners , Weathertech in-channel vents , headache rack , Leer 100RCC commercial canopy , TRD bedside decals removed , Devil Horns by Andres , HomerTaco Satoshi
    Hire a surveyor

    /thread
     
  9. May 1, 2013 at 6:02 PM
    #49
    snoope

    snoope Well-Known Member

    Joined:
    Jun 13, 2009
    Member:
    #18414
    Messages:
    2,290
    Gender:
    Male
    Ft.myers,FL
    Vehicle:
    2003 Lexus ES300
    Smartest move...hire a dam good "Land use" attorney NOW....

    Wife and I went through a similar situation when we purchased her folks house...Ink was not dry on the deed and neighbors son-in-law put up a post & rail fence across our driveway due to a misguided survey marker ( SOB moved it)....Luckily the lawyer that did our "Financing & deed work" was processing a NEW plat anyhow...and quickly filed a "quick deed' to force the issue....

    It took us close to a year to claim OUR property and he kept putting the fence back in place until I accidently backed the 10-wheeler through it....I smiled but ended up paying $100 for replacement wood( it never went back up on property though )..

    IF this material has been on the property for an extended amount of time,that attorney might tell you IT legally belongs to you now ....

    Yes ,some will scream don't spend $$ on one BUT IF you are going to live there any amount of time...DO IT RIGHT ONCE..;)
     
  10. May 2, 2013 at 4:03 AM
    #50
    kingston73

    kingston73 [OP] Well-Known Member

    Joined:
    Aug 8, 2009
    Member:
    #20845
    Messages:
    2,120
    Gender:
    Male
    Here, there, and everywhere
    Vehicle:
    09 SR5 4.0L 4x4
    WTF are you talking about?

    And for all of you who are telling me to get a professional survey done, yes, I understand that would be an ideal thing to do but what happens if the neighbor then continues to ignore me? I'm out over $700 and still would have to pay for an attorney. I've gotten 4 quotes and they have ranged from a low of $650 for a single side up to a high of $1600 for the full 4 lines. Maybe surveying cost less in other parts of the country?

    I'm not sure where some of you are getting the idea that I'm hiring a lawyer right now??

    I also think some of you missed the point when I said this guy AVOIDS me, I have tried talking to him and either he hasn't been home when I've gone to his house or he knows it's me and won't answer the door.

    I said it before but I also don't understand at all the posts of people who don't think this is an issue? Would you pay for a car with A/C and power windows and door locks and then be ok when the dealer gives you a manual with no A/C? Didn't think so.

    As of now, I am mailing a letter to the neighbor, the town manager, and the owner of the property behind mine which this "neighbor" has been using as his dumping ground. In the letter I'm giving him 2 weeks to move the items on my property, if he doesn't move them I'm assuming his consent to use them and will start filling in my hole with his (my?) dirt. He paid for the wood so I don't feel like I can take it, but I do think I can push it all over onto his side of the line.

    I appreciate all the helpful replies and I really hope what I've done is enough, I really don't want to have to hire a lawyer.
     
    Last edited: May 2, 2013
  11. May 2, 2013 at 6:28 AM
    #51
    rleete

    rleete Grumpy old man - get off my lawn

    Joined:
    Mar 29, 2013
    Member:
    #100861
    Messages:
    223
    Gender:
    Male
    First Name:
    Roger
    Rochester, NY
    Vehicle:
    Base DC, SR5, TRD Sport
    Billet grill, Westin light bar, LED lights
    How long ago did you get the property? Around here, it's SOP for a survey to be done when the property changes owners. That survey is filed at the county clerk's office as part of the closing. That's the official property map - any survey that the homeowner has done is not official unless you re-file with the county.

    Property map boundaries are available from the clerk's office for a nominal fee. I think mine cost me a whopping 10 bucks. That's where I got mine, and that's what the cop based his decision on.

    So, make a copy of the property map. Then, write a letter, asking the neighbor to move his stuff. Attach the copy to this. If you really feel it's necessary, you can send it by registered mail to ensure the neighbor has it (no "I never got it" B.S.). In the letter, ask the neighbor to discuss it in person if he'd like clarification. If you get no response, then you bring in the authorities (cops, county clerk's office, etc.) for resolution. No need for expensive surveys or lawyers.
     
  12. May 2, 2013 at 6:48 AM
    #52
    127.0.0.1

    127.0.0.1 AKA ::1

    Joined:
    Dec 24, 2012
    Member:
    #93641
    Messages:
    1,474
    Gender:
    Male
    /etc/hosts
    Vehicle:
    2013 NBM AC 4.0 4x4 Auto OR
    the answer is:

    get a survey
    go to court


    that is the answer, you are a landowner now and you have to drop 8th grade mentality
    and step up and exercise your rights in the legal system, and that is it. period. otherwise
    this guy and everyone else will just come and take shit from you...are you gonna live like that ?

    Once you have the survey, then no one can question you. save a shit-ton of trouble and frustration.



    I live in Mass and have 100 acres in Maine and you are darn tootin I have all my surveys
    done and stakes in the ground. My land, no one elses. Anyone can use my land but leave no
    shit behind and don't kill anything.
     
    Last edited: May 2, 2013
  13. May 2, 2013 at 6:55 AM
    #53
    Monster Coma

    Monster Coma Well-Known Member

    Joined:
    Jun 15, 2012
    Member:
    #80740
    Messages:
    23,556
    Gender:
    Male
    First Name:
    Corey
    Pittsburgh, PA/Houston, TX
    Vehicle:
    2014 WRB WRX
    It's a wagon
    Get a new survey
    Go to court
    Build a fence
     
  14. May 2, 2013 at 7:16 AM
    #54
    hetkind

    hetkind Well-Known Member

    Joined:
    Feb 7, 2011
    Member:
    #50679
    Messages:
    1,512
    Gender:
    Male
    First Name:
    Howard
    Johnson City
    Vehicle:
    2011 SR5 Access Cab, white with Leer Cap
    bilstein set at 1.75, Racho 5000 rear with 4 leaf kit, floor mats, high lift jack, pull hook in hitch, bed rail corner braces, severe duty brake pads and devil horns on the grill....
    I live on 30 acres way out in the mountains...and I have a copy of my survey right at hand...I know all my neighbors and the biggest problems so far is logging right at the property boundary.

    Just send your neighbor a copy of the survey and a request to move his woodpile and dirt within 30 days of receipt of the letter, send it certified with return receipt requested. DO NOTHING for 30 days. Repeat.

    Then think about taking action. Since the dirt and woodpile are doing you no actual harm where they are, immediate resolution in NOT necessary. No need to make a long term enemy over a minor issue.

    I had this exact same problem in a house in Ohio, the only difference after the survey is that I had more grass to mow:)
     
  15. May 2, 2013 at 7:17 AM
    #55
    hawker25

    hawker25 Well-Known Member

    Joined:
    Sep 30, 2011
    Member:
    #64410
    Messages:
    260
    Gender:
    Male
    colorado
    Vehicle:
    TRD Offroad
    people who say get a new survey are right. You have no real ground to stand on if you move the stuff and the neighbor gets a survey and you are wrong. Welcome to the wonderful world of home/land ownership. Also I saw it mentioned but only once, you need to get his stuff off your property and establish use limits or you could lose the land to him or his later kin claiming it. From the sound of how this guys if acting this does not seem like a far fetched scenario. My inlaws have to deal with that same crap all the time here on their land. It is always the same bs with people saying, "oh i thought this was BLM land." Funny how they always set up picnic tables and crap and leave them. I have to commend you on trying to work things out with your neighbor but it sounds like he is going to make it difficult no matter what from what you have described. I know it sounds like a lot of money to get a survey and have a letter written from a lawyer but weigh that against losing some of your property of damage to it by the pests and rodents living in crap wood piles over time. I will bet that as soon as this guy get a letter from a lawyer and sees you are serious he will fold. These types know it will cost you some money to make anything happen and hope you will give up. Stay strong, be smart, document everything.
     
  16. May 2, 2013 at 8:03 AM
    #56
    127.0.0.1

    127.0.0.1 AKA ::1

    Joined:
    Dec 24, 2012
    Member:
    #93641
    Messages:
    1,474
    Gender:
    Male
    /etc/hosts
    Vehicle:
    2013 NBM AC 4.0 4x4 Auto OR
    we had someone try to squat on the land in Maine. called Sheriff, he said show me the map, show me the lines, only then did he evict the squatter.
     
  17. May 5, 2013 at 9:56 AM
    #57
    kingston73

    kingston73 [OP] Well-Known Member

    Joined:
    Aug 8, 2009
    Member:
    #20845
    Messages:
    2,120
    Gender:
    Male
    Here, there, and everywhere
    Vehicle:
    09 SR5 4.0L 4x4
    I'm back again with another update. I found a surveyor I could afford and had the line surveyed last week, it was pretty damn close to what I had already marked out, actually for most of it I had been a little bit to the inside of what my actual line is. I went away Thursday and came back today to find the guy had taken down the markers on the front half of the line! I go over to confront him, guess he didn't see me coming in time to run inside, and explain the facts to him. He still disagrees with me and tries to tell me how him and the previous owner "ran a line" from corner to corner, but he has never actually hired anybody to do it.

    Now, before anybody tells me to go to court, I can't, that just isn't an option and I just don't have the money for it. My only thought now is just put a fence up along my line. I called the town and they are no help, they said this is between me and him and there's no cause for police involvement. I'm assuming though that if I put a fence up and he either destroys or otherwise damages it i CAN get the police involved.
     
  18. May 5, 2013 at 9:59 AM
    #58
    OZ-T

    OZ-T All of those moments....will be lost.....in time

    Joined:
    Dec 15, 2009
    Member:
    #27584
    Messages:
    21,999
    Gender:
    Male
    First Name:
    Peter North
    British Columbia
    Vehicle:
    Mag Grey 09 Trd Sport DCLB 4x4
    OME 885x , OME shocks and Dakars , Wheelers SuperBumps front and rear , 275/70/17 Hankook ATm , OEM bed mat , Weathertech digifit floor liners , Weathertech in-channel vents , headache rack , Leer 100RCC commercial canopy , TRD bedside decals removed , Devil Horns by Andres , HomerTaco Satoshi
    Put the fence 6" to 1' ON your property , DO NOT put it ON the property line

    Then it is all yours and if he vandalizes it , you have a case

    ON the property line , it is 1/2 his

    Document everything you do with pictures

    If the surveyors set actual markers , it is illegal to remove them , flagging or stakes is not ( at least here )
     
  19. May 5, 2013 at 10:34 AM
    #59
    beachingtaco

    beachingtaco "We have assumed control"

    Joined:
    Jan 2, 2012
    Member:
    #69794
    Messages:
    489
    Gender:
    Male
    First Name:
    matti
    Long Island, new york
    Vehicle:
    2012 DCLB trd sport
    westin nerf bars, ARE in-channel visors, Wet Okole's, mobtown tailgate skin, Tail Gate theft mod
    removing a survey marker here is also illegal but hard to prove and at best would be a slap on the wrist.....Unfortunatley it costs money to defend your property but thats the joys of ownership....I would say you might want to have a fence put up, 6" on your side. If he takes it down he should be liable but this is all stuff you should talk to a lawyer about. Even if his stuff is on your side i wouldn't recomend removing it as you very well could be liable yourself...Again, i'm only suggesting, your in a different state with potentially different laws. Ask the surveyor you used, he should be able to tell you a little more regarding the specific laws of your state....
     
  20. May 5, 2013 at 10:42 AM
    #60
    Monster Coma

    Monster Coma Well-Known Member

    Joined:
    Jun 15, 2012
    Member:
    #80740
    Messages:
    23,556
    Gender:
    Male
    First Name:
    Corey
    Pittsburgh, PA/Houston, TX
    Vehicle:
    2014 WRB WRX
    It's a wagon
    Do this. However check your areas rules about fences. I know if my parents wanted to build one it has to be 8" from the property line at least
     
To Top