Just a dumb question.
Where were you when this was being done?
I think I would notice it on my property.
Where were you when this was being done?
I think I would notice it on my property.
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5/1 Update* Need neighbor advice
- Thread starter UptaCamp
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title insurance protects against stuff like this. Title insurance really isnt necessary unless possibly dealing with foreclosures, or line issues, etc that may come up at a future closing. If everything is clean, save that money. Its a big money maker for the closing attorneys. I was talking to my mortgage guy and the told me in all his years of mortgages, he had only had one customer that had to use it.
Some guys have come home from work and found their house demolished-- the wrecking crew misread the address and bulldozed a perfectly good house at 123 Gray Street when the Order of Demolition issued by the County said 123 Grape Street. They did it in one day, and finished and hauled-away the debris before the homeowner arrived back to his (not home, but vacant lot) at 6 p.m.
The point is that you can't blame the OP for not seeing the work in progress, in time to stop it. A crew of motivated Mexicans can put in a driveway extension to the backyard in less than a day.
The point is that you can't blame the OP for not seeing the work in progress, in time to stop it. A crew of motivated Mexicans can put in a driveway extension to the backyard in less than a day.
You catch more flies with honey than with vinegar. Since you will require one eventually, you could approach him with the issue and offer to hire a survey crew to mark the property line. That will run $250-$300, probably. Once they determine where the concrete crosses onto your property, the neighbor can have someone cut off the offending area with a concrete saw. 5' is a lot of area to encroach, if you ask me. It also affects his property interest in that if he ever wanted to sell, that encroachment would come up as a potential cloud on the title and complicate the sale. So there is a valid interest of both parties to resolve this now rather than later.
So you both have skin in the game, and it's not an unreasonable request. When you sell, it may have to be surveyed again anyway. So you are just being proactive. And the longer you let it go on, the harder it will be to get him to rectify it. It you come to me in 2 yrs, my first reaction would be to ask you, "Why now and not 2 yrs ago?"
So you both have skin in the game, and it's not an unreasonable request. When you sell, it may have to be surveyed again anyway. So you are just being proactive. And the longer you let it go on, the harder it will be to get him to rectify it. It you come to me in 2 yrs, my first reaction would be to ask you, "Why now and not 2 yrs ago?"
The prescriptive easement can be created in less than 7 years. There is no exact time period. The best example I can think of is a family cemetery. If you are letting people cross your land to access a cemetery, courts (juries) are going to find a prescriptive easement in a shorter period of time.
We had a recent case in Athens where the public had been allowed to park in what appeared to on street parking for like 30-40 years. Then the owners wanted to make the parking private. The city claimed a prescriptive easement in the parking spaces. Every court that considered the matter, including the Georgia Supreme Court, ruled that the parking had been permissive (allowed by the owners) and the city had never asserted a claim adverse to the ownership interests of the owners, so no public parking. Another $100,000 in legal fees the city had to pay.
the tactic you mention is legal and effective, but personally, I would not take the risk of waiting on any certain time period to pass once it was established that possession (use) was adverse to my ownership interests, which OP has neatly done.
Be aware, that the owner may be entitled to money damages, but the equitable remedy of requiring removal of the encroachment depends on a balancing of the interests, and delay in enforcing the remedy can affect the extent to which it is enforced. In essence a court could force you to sell the land that is encroached, and leave the encroachment,.
I defer to you on the specifics most certainly. I only relate what I saw and was aware of in that old part of Roswell at the old Theater. I think they actually roped off the area every year for a day. I guess if I ever got into a situation where effective encroachment was happening, I'd be asking the county why they aren't charging the encroacher property tax for the taken land...
amazing how stupid it can get in a short amount of time but we gotz experts on everything known to man
you need to assert dominance.
go outside while he is there; look him dead in the eye as you pee on the concrete area in dispute. if he raises an objection pound said pissed covered spot with hammer. toss broken pieces into his yard so he can effectively piss on rocks whenever he feels
my advice will not win you friends but you will win at life (maybe)
go outside while he is there; look him dead in the eye as you pee on the concrete area in dispute. if he raises an objection pound said pissed covered spot with hammer. toss broken pieces into his yard so he can effectively piss on rocks whenever he feels
my advice will not win you friends but you will win at life (maybe)
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