Encroachment

[Jcoolk]

Here’s my problem

I just purchased a home in Belmont it is situated on two parcels, knowing my neighbor was encroaching before I purchased it, but not knowing how much. Since the owner lived out of the country and seldom visited, this was a rental property. The owner had no agreement with the neighbor for the use of the property. I had the property surveyed, cost me one thousand five-hundred dollars The property stakes clearly show the encroachment .My neighbor built his parking structure /retaining wall 8 ft onto my property not including the required 6 ft setbacks six years ago with permits from the city when I asked him about it he says since it was six years past the rule adverse attachment is in effect or adverse passion so I can’t do any thing about it. He also pulled out my official property stakes. I called the police three times they can’t do any thing about it either I went to the city planing dept. for help they said it’s a civil case and they don’t want to get involved I don’t understand they have the last word on final inspection doesn’t the city have any responsibility and isn’t that why we have codes and officials watching over people like that. He is also a contractor here in the area and building new home down the street. How can I get help from the city? I just want my property back so I don’t have to stare and smell exhaust fumes from a car. I already spent more than two thousand dollars on attorney fees’ and its going to cost a lot more if we have to go to court can you please help I feel like a victim.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Jcoolk:

Here’s my problem

I just purchased a home in Belmont it is situated on two parcels, knowing my neighbor was encroaching before I purchased it, but not knowing how much. Since the owner lived out of the country and seldom visited, this was a rental property. The owner had no agreement with the neighbor for the use of the property. I had the property surveyed, cost me one thousand five-hundred dollars The property stakes clearly show the encroachment .My neighbor built his parking structure /retaining wall 8 ft onto my property not including the required 6 ft setbacks six years ago with permits from the city when I asked him about it he says since it was six years past the rule adverse attachment is in effect or adverse passion so I can’t do any thing about it. He also pulled out my official property stakes. I called the police three times they can’t do any thing about it either I went to the city planing dept. for help they said it’s a civil case and they don’t want to get involved I don’t understand they have the last word on final inspection doesn’t the city have any responsibility and isn’t that why we have codes and officials watching over people like that. He is also a contractor here in the area and building new home down the street. How can I get help from the city? I just want my property back so I don’t have to stare and smell exhaust fumes from a car. I already spent more than two thousand dollars on attorney fees’ and its going to cost a lot more if we have to go to court can you please help I feel like a victim.

<HR></BLOCKQUOTE>

The keyword for today is adverse possession not adverse attachment or adverse passion. Although your contractor neighbor may have a passion and attachment for adversity.

Understand that the City Building and Zoning Dept is not responsible to verify surveys or property boundaries. That is the job of the architect/engineer and contractor. The contractor who built the wall should have surveyed the property to insure that the wall was built on the right property following the applicable zoning an building setbacks. And this is a civil matter. So everyone that you talked to gave you the correct info with the exception of your attorney and your neighbor. What did your attorney do for $2000?
And your friendly neighbor contractor told you a bunch of BS.
Your claim is against the property owner and not the City. Use the fact that he is a contractor against him. File a complaint with the Contractors License Board. He of all people should know better.