Encroachment in Kentucky

[happybunny]

I live in Kentucky. My neighbor is a county police officer. They built an addition to their house over our property line. My partner and I would like to do a property swap with them, and have requested this problem be resolved this way for about a year and a half. Obviously, the neighbors are not moving very quickly. I would rather do the property swap rather than take this to court, but I need to get the problem resolved in some manner so I can put my house on the market.

And a few other gems:

They have a swimming pool. They did not apply for a permit to install this.
They have a paved driveway. They did not apply for a permit to install this.
They poured a new basement for their entire home. They did not apply for a permit to install this.
They built and addition, which is as stated, over our boundary. They did not apply for a permit to install this.

Now, I could leverage a little and contact the building inspector to get them for all of these, but the only problem is the only penalty since they structure are existing is double the permit fee, which is minimal--$0.15 per square foot (I called the planning and zoning office and asked). And my encroachment issues won't be resolved.

If I go to the police about the encroachment...um...they are the police.

I have an appointment with a real estate attorney Friday, but I wanted to see what anyone thought here. It would be so much cheaper if they would just get the job done with the property transfer, but they will not even call the surveyor to start the new survey/deed transfer.

Any advice or comments are appreciated. Thanks.

 

[seniorjudge]

I have an appointment with a real estate attorney Friday, but I wanted to see what anyone thought here.

I think you should keep the appointment.

 

[HomeGuru]

I live in Kentucky. My neighbor is a county police officer. They built an addition to their house over our property line. My partner and I would like to do a property swap with them, and have requested this problem be resolved this way for about a year and a half. Obviously, the neighbors are not moving very quickly. I would rather do the property swap rather than take this to court, but I need to get the problem resolved in some manner so I can put my house on the market.

And a few other gems:

They have a swimming pool. They did not apply for a permit to install this.
They have a paved driveway. They did not apply for a permit to install this.
They poured a new basement for their entire home. They did not apply for a permit to install this.
They built and addition, which is as stated, over our boundary. They did not apply for a permit to install this.

Now, I could leverage a little and contact the building inspector to get them for all of these, but the only problem is the only penalty since they structure are existing is double the permit fee, which is minimal--$0.15 per square foot (I called the planning and zoning office and asked). And my encroachment issues won't be resolved.

If I go to the police about the encroachment...um...they are the police.

I have an appointment with a real estate attorney Friday, but I wanted to see what anyone thought here. It would be so much cheaper if they would just get the job done with the property transfer, but they will not even call the surveyor to start the new survey/deed transfer.

Any advice or comments are appreciated. Thanks.

**A: there are two issues here; the encroachment and the building permits.
You do not understand the building code and permit system. If the structure was not permitted and not built to code, the penalty is not only the double the permit fee. The requirement could be from making the stucture code complaint to total demolition.

 

[Zigner]

Don't bother the police. This is NOT a police matter.

 

[HomeGuru]

Don't bother the police. This is NOT a police matter.

**A: except that the neighbor is a cop.

 

[Zigner]

**A: except that the neighbor is a cop.

His neighbor is not acting in his official capacity in this matter.

 

[HomeGuru]

His neighbor is not acting in his official capacity in this matter.

**A: yes agreed. A policeman that does not follow the building and zoning codes. Nice. He must be guilty of moving violations on his days off too.

 

[drewguy]

I think you should keep the appointment.

Agreed. And what you should aim to accomplish during the appointment is:

1) Evaluate strategies.
2) Get the attorney to draft a letter to the neighbor insisting upon correction of the situation.
3) A plan from the attorney if litigation is necessary.

 

[154NH773]

2) Get the attorney to draft a letter to the neighbor insisting upon correction of the situation.

It might make sense to suggest your prefered resolution in this letter. It sounds like they are just not that interested in coming up with the solution as long as you are not pressing them. Rather than let them suggest something that really isn't what you want, tell them what the solution should be.

 

[drewguy]

It might make sense to suggest your prefered resolution in this letter. It sounds like they are just not that interested in coming up with the solution as long as you are not pressing them. Rather than let them suggest something that really isn't what you want, tell them what the solution should be.

Agreed - that is what I meant.

Seems like there are two main points in letter:

1) You propose a land swap, at neighbor's expense, that will put addition entirely on his property.

2) If not agreed, you will sue for removal of the trespass/encroachment (which will, of course, cost him a lot more money)

 

[happybunny]

Thanks

Thanks drewguy and NH. That is what I needed. I don't really want to sue right now (but I will if they take no action), but rather wanted to use an attorney for muscle to let the neighbors know I mean business. I would much rather do the property swap than sue.

I'll talk to the attorney tomorrow, and hopefully get a formal letter drafted. Thanks again, all.