+ Reply to Thread
Results 1 to 6 of 6
  1. #1
    mrbleegs is offline Junior Member
    Join Date
    Jan 2008
    Posts
    2

    neighbors mailbox on my property

    What is the name of your state? Pennsylvania

    I recently moved to a new home. It was just built last year. The property line with my neighbor runs directly along their driveway, and at the end of their driveway where it meets the street, on my side of the property line, they have their mailboxes. This is a rental property with mailboxes for each of the apartments. so i have not 1 but 3 mailboxes plus a box for newspaper that are on my proprety that do not belong to me. They are clearly over the line by about 4 feet. I have contacted the owners of the property to express my concern and they state that the mailboxes have always been in that location since they bought the property 30 years ago. The owners do not live on this property. I told them that my house was just recently built and even though it may not have been a problem in the past, that it is a problem now. I asked them to move the mailboxes to the otherside of their driveway. I told them i would like to discuss the situation further and for them to take a look an evalute it for themselves. I have not heard back and i'm getting a feeling that they will not comply. I plan to make one more attempt to contact them to resolve this dispute with out any lawyers, but i want to be prepared for what may happen if they refuse. I have contacted a lawyer and he suggests that we draft a letter stating the above and try to "scare" them into moving the mailboxes, but that letter from the lawyer comes at a price. I have markers that clearly show the property lines. A survey of the land was just done not more then 2 years ago before the house was built.

    If they refuse to move the mailboxes, i will probably have to go the route of hiring a lawyer. Can anyone offer some advice as to what course of action i should take?

    Since the mailboxes were on my property before i bought the house, can i sue the builder or the title insurance company since this was not noted on the title? What options do i have?
  2. #2
    racer72 is offline Senior Member
    Join Date
    Jan 2001
    Posts
    14,106
    The mailboxes are likely on the right of way, not on your property. It is a rare occasion the someone's legal property line is the edge of the road, check with your local building or roads department to determine the actual right of way width for the street you live on. Also, the local post office made the determination of the mailbox location and moving of the mailboxes would require an okay from the local postmaster. Moving the boxes could affect the delivery order of the mail.
    If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me.

    No private messages, I do not reply to them.
  3. #3
    mrbleegs is offline Junior Member
    Join Date
    Jan 2008
    Posts
    2
    you are correct, the mailboxes are on the right of way, but from what i understand about right of way is that its for state use only. Like if they were planning to widen the road, or build storm drains, its not for my neighbor to put there mailbox on. So if its in the right of way then your saying "ok, the mailbox is not on my property but its infront of my property". I did talk to someone at the post office and they say as long as the mail box is accessible, the neighbor can move it where they please.

    The problem is that its way too close to my mailbox. The neighbor is not cutting the grass around it, only me. And sometimes the mail gets put in the wrong mailboxes which is annoying. And also a few weeks back, the neighbor ordered a pizza late at night, and the delivery guy came and knocked on my door thinking it was the right address. I mean this is becoming a problem and something needs to be done. I mean come on, your mailbox should be "in front" of "YOUR OWN" property!
  4. #4
    danno6925 is offline Member
    Join Date
    Jun 2005
    Location
    Conshohocken, PA
    Posts
    615

    Prescriptive Easement

    First things first - No one likes the new neighbor who comes into a neighborhood and immediately starts pissing and moaning about petty issues. The neighbors are going to begin taking delight in your torment.

    Second, it sounds to me like the neighbor has a good case for a prescriptive easement. They've been using the land to get to their mailbox for 30 + years openly. So suck it up and deal.

    Your best option is to try and be nice to them and ask nicely if they wouldn't mind moving it for your enjoyment.
    Last edited by danno6925; 01-03-2008 at 09:07 PM.
  5. #5
    SnowCajun is offline Member
    Join Date
    Nov 2007
    Posts
    164
    Quote Originally Posted by danno6925 View Post
    Second, it sounds to me like the neighbor has a good case for a prescriptive easement. They've been using the land to get to their mailbox for 30 + years openly. So suck it up and deal.
    Wow, "suck it up and deal" huh? Hmmm.. I'm not sure I'd be happy with it either. Just because someone has had something on property that isn't theirs, no matter if it's 30 years or not, when the owner of the property decides they don't want it on their land anymore how is it they don't have a right to say so? I've always thought if I owned land I'd used my land as I pleased, not bow down to someone who has placed something wrongly on my property and can cure it simply with a posthole digger and a little effort to move it over four feet to their own property. Why aren't they the ones that should, "suck it up and deal"????

    SnowCajun
  6. #6
    DiskMan is offline Junior Member
    Join Date
    May 2008
    Posts
    1

    I can relate...

    I have a similar issue... but a little worst. My neighbor is a lunatic at best, when you used to actually live at the residence, he would constantly fixate on myself and our other neighbor on the opposite side of his property...

    My issues with him are as follows... back when he first moved in, about 4yrs ago, we got along fairly well. We didn't 'hang out' or anything like that but things were pretty cordial. Then afterwards he encountered some money issues and things turned for the worst. It initially began with his sudden fixation on every little thing that I did... Whether it was mowing the yard to simply walking to the mailbox, which is on my property I might add. Then it began to escalate after his wife left him and then returned.

    It quickly graduated to peeping in windows, tamping with my vehicle [removing car covers and the like], creeping around in the backyard at night, throwing trash over the fence [yard waste to trash bags worth of paper and the like], you name it. It reached a climax when him attempting to 'jump me' in the my garage as I was pulling in after getting off work. He hit me from the rear with a mag light, small one, and commenced to beat the living crap out of him.

    Afterwards I called the police, he did likewise when I realized to did, and tried to tell them that he came over to 'talk' and that I jumped him... in my own garage. He couldn't explain the 5in knot on the side of my head and why he came over in his 'underwear'?!?!

    The police simply played like it was some great mystery and told him not to come over into the yard for anything from that point on. About 3 days later he purchased a handgun and playing one of his 'old games', decided to mow a portion of my yard while he was mowing his as I was pulling into the driveway. When I got out the car, he tried to initiate another conflict, but being aware that the gentleman had issues I promptly drew my 45ca. At which point he ran back into his yard, grabbed his son as a shield, and back peddled into the house.

    Since that last incident, he and his wife have moved back to their old home in the inner city and he occasionally comes out... to mow and to throw more trash in my backyard then go home. The house has been vacant since then.

    Now my question, the mailbox has been on our property for several years... It initially was a cluster of 4 mailboxes on an central post. We ALL have moved our mailboxes to our own respective properties, everyone but him. His box is still sitting in my yard, rotting away literally. When ever it falls over or something, due to rain or what ever, he promptly waits for no one to be home, then come back over into my yard and dig ANOTHER hole and seat it!!! Is there something that can be done about that?

Similar Threads

  1. selling property w/bldg. on neighbors property
    By jacksongroup in forum Neighbors & Boundaries
    Replies: 1
    Last Post: 11-06-2009, 03:28 PM
  2. Auto hit Mailbox - Mailbox not Securely Anchored
    By stout71 in forum Auto Accidents and Vehicle Claims
    Replies: 17
    Last Post: 01-09-2009, 10:48 PM
  3. Placement of neighbors mailbox
    By Menthol in forum Other Real Estate Law Questions
    Replies: 1
    Last Post: 10-09-2001, 01:07 AM
  4. Replies: 2
    Last Post: 06-02-2001, 07:32 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.