Property enchroachment question 1.

[Henro]

If you have not already read it, don't forget to grab a couple beers, or coffee, or whatever, and read the following thread:

Mdbarb's amazing and sad saga...

 

[DannyD]

OK this dud has coming what ever you can throw at them. The idea of them using your place would tick me off to no end, and I would be on everything I could.

Again, talk to the title company FIRST, with photos, dates, times, etc. That is what you pay them for.

 

[Varmintmist]

</font><font color="blue" class="small">( One more quick question for now. Would a untility easement cover a private septic system sewer line? I wouldn't think so, but that is just my thinking? There is no such easement listed on my deed or Title insurance or survey for that particular boundary, even if it is covered, but I was curious.

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Short answer no. A utility has to get a right of way like anyone else. Most of the time they run in the road right of way so it is no big deal.

If they brought the trailer across any part of YOUR land, you are owed restitution.

 

[JerryG]

Ken,
Give Friday, Eldridge and Clark in Little Rock a call. They know their business when it come to real estate in Arkansas. You can do a search for their internet site.

 

[arthr31]

hey all:

I don't know how things work in the arkansas local, but, i find the following issues: a_ What is the offset of the double-wide from the property line (where i'm from, the double-wide should be a minimum of 30 feet from the line. If not, I might be included to doze it under /forums/images/graemlins/shocked.gif) b_ secondly, the former owner of both properties should be called upon to have the discrepancy regarding the sewer pipe documented. It seems to me that something was overlooked here, and therefore should be taken care of..... c_ talk with your real-estate lawyer only. do not talk to the neighbor, this can escalate to something fuzzy and unfriendly. figure out what you need to do to make it right, then have the laywer make the statement, stay detached from the situation!

Lastly, Have you visited your town hall / county hall to view property plans, building permits, board of health plans, etc. ? You may find that the sewer and the road are against code therefore forcing the current owner to take immediate action before being reprimanded from the town/county..

And, I'll state it again, let the lawyers / town do the talking... Oddly enough, there's more power coming from their voices then yours (ours, for all land owners). Hope you work this out -arthr

 

[arthr31]

I forgot to mention,that where I live,if I cut a tree on someone elses land, or one that I cut damages my neighbors property, it costs a lot. I think, (not sure here), that I can be sued for like 1500.00 per tree that I cut on my neighbors property.

So, with this said, you need to compile a list of what has happened, actions to take to rectify, and $$ to be re-paid...

 

[slydog]

Thanks Jerry! I'll keep there name handy!

 

[RobertN]

document document document. All the other stuff others have said. But, note the day, time, place where you have had discussion with whom, when and where you sent letters, ect. Keep copies of everything.

You might not need it, but if you do you'll be glad to have it.

 

[Junkman]

My first question is "did you have an attorney represent you in the land transaction?". If you did, he should be the one that you should contact, since all these matters need to be addressed with the previous land owner and the present land owners. There are too many variables to be considered for you to tackle this alone. I would go to the place that deeds and maps are registered and do as much research as possible looking for any information about the property. Remember, that you are also going to be living there and you don't want to be at odds with your neighbors. Let the lawyers and title company be your mouth piece... anything you say or do, can come back to haunt you in the end. One of the first things that you might consider is to have your survey registered with the agency that records the deeds. This is a way of putting them on notice of your boundaries. The map should clearly show all easements and violations. Depending on when some of these events happened, you might just have to learn to live with them. With land problems, there is no black and white. I know, because I have been there all too often with a offending neighbor..... 15 + years after it was resolved in court, the problems continue just the same as if they were never adjudicated before. A court ruling doesn't mean that they will abide by it, and you will have to continue to fight to force resolution. All this costs $$$$$ and is a waste of $$$$ if you have to keep doing it over. Only the lawyers get rich in the end.

 

[MikePA]

It's amazing how often situations like this are brought up on TBN. While everyone's responses make for an interesting read, none of them apply to your situation, in your state, in your county, with your property and your zoning laws.

The simplest and only correct answers are (1) Quit reading responses on TBN /forums/images/graemlins/grin.gif and (2) CONTACT A LAWYER.