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  1. #1
    New Member
    Join Date
    Apr 2012
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    Location
    new waterford nova scotia canada
    Tractor
    freightliner fld120

    Default property line dipute

    i was surfing on the site and found someone with a simular problem as myself. when i first bought my house with an additional lot of land i had a very nice neibor who had her house on my land. the preveous owner of my home made me aware of the property line, and assurred me that this was my land but she didn"t have the heart to do anything about it. i told my new neibor a was not going to move her home back 5 feet on her property, just remember who actually owns the land and we will be fine. 8 years later she sold her house to my new neibors. they got there lawyer to get a affadavid from the previous owner of my land witch stated that they had permission to use the land as there own. my new neibors used this affidavid to register the land as mine but they have full control of said land. they then had the land surveyed and transferd leagally without my knollege. i found out that this happend to me seven years after the fact. i contacted the lawyer who handled my house and land tranfer and there was nothing ever recorded prior to me buying my property stateing that my neibors had a claim to my land, and also the previous owner of my property swore and signed a leagal paperwork stateing that there where no transfers of land to said neibor. she swore and signed this oath in 1997 when i bought the property from her and in 2005 she wrote a new letter of decleration about my land for my crooked neibors. where do i go from here? can i retreive my land, or make them re-emburse me for the value of the property that was stollen from me? the crasy thing about my situation, if they would have asked me to sell them this parcell of land, i would have given them the parcel for 1 dollar, but they stole my property from me, and that does not sit well in my gut. can somebody give me some advise on how to proceed without having to pay thousands of dollars in leagal fees. yks, shawn.

  2. #2
    Administrator Muhammad's Avatar
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    San Diego, CA
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    Default

    Welcome to TBN.
    Muhammad Chishti
    Administrator

  3. #3
    Veteran Member
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    Jun 2009
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    1,565
    Location
    Douglas County, Oregon
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    09' Kubota b3200HST

    Default Re: property line dipute

    Welcome to TBN.
    Your going to get a lot of opinions about your problems.
    First of all I know nothing of the land laws in Canada.
    In my opinion the 1997 affidavit holds true and the 2005 Oath has no legal binding to back it up. She has no say on your property after you bought it.
    Sue them all for conspiring to steal your property. The previous owner, the present owner and their Lawyer. I'm sure there is a Barrister registry board (or someone that registers lawyers in your country) Check with them about past complaints against the attorney and how to file a complaint against him.
    Good luck.

  4. #4
    Veteran Member
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    Jul 2003
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    MN
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    Ford 960, 7700, TW20, 1720; IHC H, 300; Ollie S77

    Default Re: property line dipute

    Here in the USA, one would be foolish to be 'nice' about it for 8 years and basically do nothing about it.

    One would settle it legally when it was discovered, selling either a strip of land or an easement to a strip of land, and having that legally recorded so future issues would not arise.

    Such as - have risen for you.

    It was only a matter of time.......

    One of life's lessons.

    I don't know where you go from here, will take a lawyer now, and lots of bickering & cost.

    Shoulda woulda coulda taken care of all this with your nice neighbor, and be done with it long ago.

    Don't mean to be harsh, just being brief in a typed forum. How I see it - you messed up 8 years ago, going to cost you plenty to change it now & neihbor-fued the rest of your life, coulda made a couple bucks back then and everyone woulda been happy.

    People, don't put stuff like this off! Deal with it quickly & thoroughly when it comes up.

    --->Paul

  5. #5
    Silver Member
    Join Date
    May 2004
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    118
    Location
    northwestern connecticut
    Tractor
    1989 Cub Cadet hydro 13/20, 2004, Kioti CK20HST TLB

    Default Re: property line dipute

    I am not versed in the law in your part of the world (Canada) where these events are taking palce and what I am suggesting here is just off the cuff ideas. It is possible that under the governing law you have already "lost".(Did you buy an owner's title insurance policy, when you purchased? If so the title insurance company may be obligated to defend this for you - plain English provide you with an attorney at their cost!) You may have recourse against the seller and your neighbor. Be very careful about standing on principal unless you want spend a lot of money on attorney fees. You have stated you would have given the land to them for $1 at the outset so ask yourself just how much money and time this is really worth to you. To answer your question bluntly you should determine the monetary value of the land that is at stake. Consider an appraisal and the cost of the appraisal. To do this you should determine if taking that land off of either parcel affects the marketable title to either one of your two lots. Do you have zoning laws that require you to have the land in dispute to have your house on a legal lot? Will the extra lot fail to meet zoning requirements as a buildable lot if that piece is not owned by you? Double check to make sure if you do not have any utilities (or a well or anything else driveway etc.) that run on the land that could be taken. If, under your law you have a chance to succeed in any legal dispute I suggest thinking about settling this title dispute this as follows, 1) agree to deed over the land in dispute for $1 plus, the grantee does a boundary survey (to be recorded on the land records) that you must agree to and find acceptable at their cost 2) any conveyance fees (taxes) are paid by grantee 3) any use of the land for present or future utilities, present driveway, is retained by you 4) what can they give to you by deed that you want - a fence paid for by them with your right by deed to put a new fence on the land when the first one falls apart? A right to put in a future driveway? A right to you that they do not plant trees on this disputed parcel blocking the sun from shining on your land? What you ask for must be reasonable and simple enough to being reduced to writing and put in a deed to run with the land. If it is too demanding it will not be accepted. These are just ideas and may not help you, and may not be appropriate for you under the governing law. Caveat, get an attorney well versed in the controlling law and start by stating that you simply want to settle this expeditiously, keep marketable title to your land, and spend very little money. Sometimes land title matters are really very simple and sometimes they are very complicated. Good luck.

  6. #6
    Veteran Member moored4's Avatar
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    Jan 2011
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    Great NorthWest /Southwest Washington
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    Kubota l245dt, l3540, 8N

    Default Re: property line dipute

    Man that sucks!


    to TBN!

    Happy ing!
    "keep them pots black, shiny, and full of good Food and Fellowship!"
    Moore Cookie

  7. #7
    Elite Member
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    Jun 2011
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    Location
    NE Oklahoma
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    MF 230 and Mitsubishi D2000

    Default Re: property line dipute

    Welcome to the forum from Oklahoma. Hope all goes well for you.

    Ken

  8. #8
    Gold Member
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    Dec 2010
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    Location
    Central Pa
    Tractor
    NH Boomer 1025

    Default Re: property line dipute

    Well as I see it, sell it to them for 1 dollar and be done with it or do nothing and let things the way they are now.

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