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Classic Unneighborly Neighbors

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donadenese

Junior Member
Nevada
My elderly parents want to sell their home located in an upscale Henderson neighborhood. Several years ago their neighbor placed a cement burm in their front yard that was clearly on my parents side of the property line. Surveyors were called and they found that not only was the burm on my parents side, but the wall between the two houses was also completely on my parents side of their property instead of equally in the middle of the two properties. My parents did nothing at the time because of some real or imagined threat made by the neighbor, and so the wall and the burm are still an issue. My mother wants to just sell and have the issue taken care of in escrow. This seems silly and unwise to me. Any suggestions?
Thank you,
Donadenese
 
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FarmerJ

Senior Member
Your folks know exactly where the survey pins are ? How much over the line are these two items ? as long as its marked, Your folks should atleast consult with a real estate atty to learn if they should send to the nieghbor a certified letter advising them that when the survey was done and showed the concrete berm that they installed was not on their own property but on theirs and the same with the wall, if the atty approves they can add telling the neighbor any further changes they plan on making to make sure they observe the lot line so they do not further damage property they do not own and granting permission to leave the items as they are until further notice , this way if the atty approves of doing it this way your parents may be ceasing any possible adverse possession claim by calling it to the other nieghbors attn and by saying that permission is given to leave the items as they are until further notice MIGHT make it easier in the future for a buyer to also not have the neighbor trying to make a AP claim and also MIGHT make it easier for a buyer to choose to remove the encroachments later on . A atty can tell them if this would work as a way to handle it to reduce the odds of legal problems and the exact wording they could use to disclose to a potential buyer these encroachments so nothing comes back to haunt them. Have your folks try the links above , and locate a atty to consult with.
 

Cedrus

Member
I might add to FarmerJ's advice to have the letter recorded by the county and put a copy in your county records. See if you can get a copy in your neighbor's county records, as well.
 

JETX

Senior Member
ACTUALLY.... a 'letter' will do nothing.

Plats, surveys, etc. and PROPER legal documents are required to record property 'adjustments'.
 

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