5/1 Update* Need neighbor advice

[MegaFan]

I have seen similar matters impact the closing on a sale of property. In one case, the attorney would only close AFTER the seller provided a remedy and agreed to pay out of pocket to relocate the neighbor's encroaching drive (to the tune of about $4,000 because the seller had to make a last minute decision and he wanted the house to sell).

In a second case, the attorney postponed the closing until the drive could be cut, which was all that he required, so the seller rented a concrete saw, cut a diagonal/corner section the same day, and closing occurred a day later. The attorney didn't care that the concrete remained, as long as it was physically separated, but I personally would not want someone still using it to drive over/onto my property to access theirs.

As others have stated, dealing with it now gives you better options than waiting and the situation changes for the worse. Knowing about it and not dealing with it now could impact a decision down the road by almost admitting that the neighbor had your okay to use it because you took no action.

 

[UptaCamp]

I have seen similar matters impact the closing on a sale of property. In one case, the attorney would only close AFTER the seller provided a remedy and agreed to pay out of pocket to relocate the neighbor's encroaching drive (to the tune of about $4,000 because the seller had to make a last minute decision and he wanted the house to sell).

In a second case, the attorney postponed the closing until the drive could be cut, which was all that he required, so the seller rented a concrete saw, cut a diagonal/corner section the same day, and closing occurred a day later. The attorney didn't care that the concrete remained, as long as it was physically separated, but I personally would not want someone still using it to drive over/onto my property to access theirs.

As others have stated, dealing with it now gives you better options than waiting and the situation changes for the worse. Knowing about it and not dealing with it now could impact a decision down the road by almost admitting that the neighbor had your okay to use it because you took no action.

My neighbor and I have not had a discussion regarding the encroachment yet. Truthfully, I hadn't examined and made the determination until a couple months ago. So, hopefully, we can come to a resolution soon.

 

[RiverBend]

call the code enforcement office about no permit and about the property lines, when they come out to ticket him for no permit they can "accidentally" see the property line encroachment.
That is unless your county has the lazy ass don't wanna du nutin assholes that just ride in their vehicle from Micky D's to the neighboring Micky d's for a big mac and a break.

 

[DinkyDau]

I don't have time to read the whole thread, but this is what I did with the psycho Jackass in front of me...He was building a garage next to my easement..I knew he did not have a permit so, I reported it to the County. A week later he had to take it down. Fast forward he cuts trees on my property not knowing where the property line was..Then changed the easement access, I took him to Court and hung him out to dry. He was ordered by the Judge to fix it..1 month later back into court we went...I informed the Judge, that he had not complied with fixing it on purpose. She locked him up right there, on to the Pokie

 

[WinstonSmith]

Offer to let him buy the 5ft of land so he doesn't have to fix the driveway. All you have to do is a plat revision you don't have to subdivide.

 

[UptaCamp]

I don't have time to read the whole thread, but this is what I did with the psycho Jackass in front of me...He was building a garage next to my easement..I knew he did not have a permit so, I reported it to the County. A week later he had to take it down. Fast forward he cuts trees on my property not knowing where the property line was..Then changed the easement access, I took him to Court and hung him out to dry. He was ordered by the Judge to fix it..1 month later back into court we went...I informed the Judge, that he had not complied with fixing it on purpose. She locked him up right there, on to the Pokie

Dang, I hope my situation does not become so litigious. At least you got it resolved.

 

[DinkyDau]

Dang, I hope my situation does not become so litigious. At least you got it resolved.

Just let the County do their job...Your neighbor doesn't need to know you called...The County here always cruise the homes, to see if new construction is going on..They are like the County Cops, to make sure they get every dime in permits.

 

[Glorfindel]

Nuclear

 

[GAgunLAWbooklet]

Permissive use would negate the required element of adverse possession that the neighbor be using your property without your permission and in a hostile or adversarial way.

So, a temporary solution --which could last decades-- might be to have a written agreement (contract) where your neighbor is allowed to use (drive across) those dozen square yards of your property,
until a certain date, in exchange for some consideration (he pays you)
or even without $$- you just give your permission gratuitously.

This doesn't do such a great job of his taking advantage of you and being negligent with his driveway installation, but it could kick the can down the road and postpone the future fight over how to deal with this encroachment without running the seven years' of a prescriptive easement.

The years where the neighbor is using your real estate with your permission would not be counted towards the total of seven "hostile" years required.

PS: I'm not a real estate attorney; I think I got a "D" in that class in law school,
and I have done no recent legal research on this topic...so it ain't legal advice!

 

[palmettomoon]

call the code enforcement office about no permit and about the property lines, when they come out to ticket him for no permit they can "accidentally" see the property line encroachment.
That is unless your county has the lazy ass don't wanna du nutin assholes that just ride in their vehicle from Micky D's to the neighboring Micky d's for a big mac and a break.

Welcome to my world.... Bibb County.