Inconsiderate Neighbor?

M. Sullivan · Mar 7, 2001

Definately get the survey, be there when they do it. If possible, without the neighbor seeing you, drive 2 more lengths of rebar. The first one foot from the survey iron, the second 1 foot from the first--keep all 3 in line. Take a photo/video before driving the 2 new ones fully below grade. This way if they are ever moved (the survey iron) you can simply put it back via the other two. Had a rotten negihbor move mine.

Re. the building: If he did not get a permit they will slap a stop work order on it immediately, and no further work will occur until he complies with all applicable ordinances. Should be able to make the call anonymously. Can't do much if he adds a bathroom after inspections....without turning him again. But if he's dumping effluent I'd turn him in for health's sake.

The neighbor: Since you just moved there, tell him the survey was part of your deal on the house and they are just getting to it. If it shows encroachment, you will have to decide if you can live with it. If so, just point it out to him with a witness to the discussion (friend/family/other neighbor) and tell him it's o.k. to continue his current use (covers you in the even he claims abandonment down the road). If you can't, tell him the bank and insurance co. require you identify the above in writing and end their use for liability purposes. You seem reasonable, and surely want to be a good neighbor--so try. But bottom-line protect your investment!

LilRhody · Mar 7, 2001

All very good advice...I spoke with a couple of neighbors casually about the surrounding area(s). It turns out that this guy sold off a piece of his land several years ago so a radio tower could be installed. This is the same tower that flashes into my bedroom at nite. The neighbors are trying to get a petition from the towers owners to get them to lower the height. It has one of those bright white, airplane style, flashers; this is required because of the altitude/height. I had been told that the owners do not use the top portion of the tower, so, in theory it could be lowered and the white light replaced by a softer red one.
The neighbors agree that this guy could care less about the people around him. Kind of like 'Every Man For Himself'...Keep you all posted

Steve in RI

Thomas · Mar 7, 2001

Steve,
I agree try and keep things civil,but in the mean time I would check on your town zoning laws about the bounty and septic.

Thomas..NH /w3tcompact/icons/wink.gif

brewerbob · Mar 8, 2001

Steve,
One of the first things to do is to check with the county health department about his septic permit. This is serious business.
Bob

ccatfish · Mar 8, 2001

At least in Texas, if the neighbor builds a structure or even utilizes the "contested" property in any way, you MUST pursue a remedy. Otherwise, if enough time goes by without a formal, documented protest (i.e., legal action) the courts can grant the neighbor permanent use of the property and he doesn't have to pay you a cent. There is a legal term for this concept that escapes me. It is likely left over from the old days and is usually invoked for issues around property access, esp. dirt roads.

For the same reasons, you should never grant permission to use your property as a right of way without a written agreement. Even a $1 per year lease provides long term security.

Roy · Mar 9, 2001

I believe the legal term is 'adverse possession'. What it is based upon (I believe, I am not a lawyer) is that if you knew of the encroachment, and did nothing about it for a long period, then you de-facto approved of it. The laws vary by state.

dmccarty · Mar 9, 2001

Steve,

I'll repeat what others have said to add some weight. From what I have read on TBN about other states septic rules it seems like you can NOT build a septic system within 100 feet of a well. This is true iin NC and seems to be true in other states. Find out what RI allows.

If he is building an apartment his weak area is going to be the permits from the county. He might be able to build a garage without a problem but having an apartment means a bedroom or two which is going to require a spetic system OR an existing system that is large enough to handle another bedroom or two. The county should come down real hard on him if he is not handling the septic issues lawfully.

If you county allows people to build garages/outbuildings without a permit you might have a problem. How are you/they going to prove that he is putting in an apartment? BUT if the county requires a permit to build the garage I would think he would have to submit floor plans. Floor plans would tell the number of bedrooms and thus the septic system requirements.

Seems like you need to know what the requirements are to build a garage, garage/apartment as well as the septic requirements. A call or two to the county will quickly answer those questions.

Anyway you look at this you are most likely going to have problems with this guy forever more. I have owned three pieces of property. Everyone of them has had at least one bad apple to deal with. I've just resigned myself to the fact that there is always going to be a numb nut causing problems.

Good Luck and let us know what happens.
Dan McCarty

M. Sullivan · Mar 9, 2001

Yes, correct term is adverse possession. Here in Michigan, also requires the party 'using' the property make it clear that their intent is to possess the property--fence, change of grade, etc.. Requires documented 'use' for 10 or 15 years. Laws vary by state, so check yours.

Anonymous Poster · Mar 9, 2001

Steve,

Good advice from all,...a tricky line to walk, between firmness and civility, but needed, with some neighbors.

Re. adverse-possession: one thing that can help, regarding the neighbor's "intent" to possess the land, is to take a witness (prefferably NOT a member of your family,..perhaps another well-respected neighbor) with you, and tell the offender that the survey shows that he is apparently using YOUR property in some way. Inform him that you are concerned about a-p difficulties at some time in the future, and ask his intentions.

This accomplishes 3 things:

1. Informs him as to the facts (he may honestly been ignorant of the correct property-line).

2. Gives you a witnessed verbal statement as to his "intent", or "non-intent" (important if your state "requires" such a statement from him regarding his proposed "possession" of your land).

3. Lets you both know "up-front" what kind of person you are dealing with.( He knows you are no "don;'t-know-s--t" dummy who he can bulldoze with no consequences. And you know whether or not you are dealing with a fair-minded and reasonable person).

If he is "offended" by your even mentioning this perfectly-reasonable concern, THAT will be your first clue as to his character.

/w3tcompact/icons/smile.gif Larry

Anonymous Poster · Mar 9, 2001

DennisY,

From your post, I cant' tell if you think death is the WORST thing that can happen to a man /w3tcompact/icons/shocked.gif , or if you are simply advocating duscretion, as "the better part of valor".

Patton (at least in the movie) had an interesting observation about making" the OTHER-GUY" die for his country" being the way to win-a-war,... rather than dying "for yours".
(But, sometimes, "yours" gets lost in the attempt to do-that!! ....STILL WORTH THE ATTEMPT! Sometimes "risking-all" IS the right-thing-to-do!)

Eternal gratitude to all who have had the courage when we needed them!

Larry