general property question

[kacey615]

What is the name of your state? What is the name of your state? Michigan
My fiance' has a problem with two issues. First his neighbor has a very large tree that has been on his property since he has moved in I do believe he has disgussed this with the neighbor and told him of it being on his property. He now wants to do additional landscaping and the tree is in the way of what he would like to do (not to mention the tree roots play part in the other problem we are having) He wants to have the tree removed. What is the best way in handling this situation considering the neighbor does not want to do away with the tree? Second, approximately a year or so after he moved in, 6 years ago, his drive way came up towards the entrance due to water getting under it from (what he thinks) the neighbors sub pump breaking. You see, the spout that should be coming from the house and into a pipe that goes to the main drainage sewer is no longer going into that pipe. The neighbor has taken a black tube of some sort and ran it from that drainage to his back yard ( of which floods the back corner of our yard). Apparently what happened was when the problem occured the water got under our drive way around the culvert and froze causing expansion and six inches of cement to lift and making our drive way look like an earthquake had hit it. Some slabs of cement being as far as three to four inches higher than the rest of the drive. (it is horrible to drive over it your car feels like it is dropping out from under you as you pass over it). Any way, we have now taken the entrance of the drive way out to have it repaved. However, we are being told that unless we fix the problem to the water that is getting under there, the cement will only lift again. From what my fiance' is telling the contractors and myself, in order to fix the problem they would have to get under the tree where the broken pipes or whatever they are are at. That would be removing the tree, the same one that is (according to my fiance') on our property. I have looked at this tree and the property line visually and it is (to me) very hard to tell if the trunk of the tree is on our side or the neighbors. Dan says it is definately on our side. I know that what the neighbor has done with that black tube from the pump drainage to his back yard has to be against code but the neighbor (from what Dan says) has no intentions of fixing it. As I said, it is flooding our back yard also. And there is really no sense in replacing the driveway and waisting the money only to have it lift again. We are not made of money as I dont think anyone really is. Do you have any advise as to how we can handle this situation without causing a neighbor war or getting on this guys bad side? We would just like to fix our property. And we are not asking the man to do anything more than what he should be doing to his own property, which is maintaining it as it should be. Any advise would be greatly appreciated. As it stands now, we have gravel in the approach of our "city" drive way and would like to get it fixed as soon as possible. Thanks, Kacey

 

[FarmerJ]

Kacey Call your city/county govt center and ask if there are any local ordinances that address one property owner directing drainage water /sump pump water to go on to some one elses property . If you find that your city tells you that it is not allowed , Perhaps they will want to see it . So thats where I suggest to start.

 

[kacey615]

Thank you

Thank you so much for your reply. I will surely do that come Monday. Any suggestions regarding the tree matter?

 

[HomeGuru]

1. If the tree is on his property, he does not need the neighbor to approve removel. On the other hand, if the tree is on the neighbor's property, the neighbor can refuse his request. If the tree roots are causing a problem he can cut the roots and even trim the overhanging branches on his side of the property. He cannot kill the tree though by his action of cutting roots and trimming the branches.

2. There are building codes and State laws that do not allow one neighbor to drain runoff into another neighbor's yard. This neighbor is liable for the damages and correction of the cause of the damages etc.

 

[kacey615]

Great Appreciation

Thank you for your quick and intelligent responses. We will be taking all of this into consideration when speaking to the city regarding these two matters.
By the way can you assist me in a jovial dispute that Dan and I are having. I could have sworn when I studied real estate that there was some sort of a law that stated if a person lived without your knowledge in perhaps a vacant home or farm or whatever for a certain length of time after so long that person can claim ownership of such property. Sorry that seems a bit confusing. Say you own property and do not live there and never go there for like keep up or anything. If a vagrant were to live there for a period of time without your telling him to move out, isn't there a law that gives him some sort of right to that property. Am I right or wrong?

 

[HomeGuru]

Re: Great Appreciation

Thank you for your quick and intelligent responses. We will be taking all of this into consideration when speaking to the city regarding these two matters.
By the way can you assist me in a jovial dispute that Dan and I are having.

**A: who is Dan and is this question involving real estate issues in the state of Michigan?
********

I could have sworn when I studied real estate that there was some sort of a law that stated if a person lived without your knowledge in perhaps a vacant home or farm or whatever for a certain length of time after so long that person can claim ownership of such property. Sorry that seems a bit confusing. Say you own property and do not live there and never go there for like keep up or anything. If a vagrant were to live there for a period of time without your telling him to move out, isn't there a law that gives him some sort of right to that property.

**A: the law in which you were confused on in expounding on the question is called adverse possesiion. Such rights to file an adverse possession claim are based on passing a a test based on various issues ie. private property, duration of time, notorious use, payment of real property taxes etc.
*******
Am I right or wrong?

**A: search the internet and this website.

 

[kacey615]

response

Dan is my fianse" as I mentioned in my previous messages. But yes I am referring to like "squatters rights". Thank you. Yes you are right. That is exactly what I am referring to. If I owned private property, and am paying taxes on it but someone else is living there for a matter of time is he or is he not allowed to claim possessesion of the property?

 

[HomeGuru]

Re: response

Dan is my fianse" as I mentioned in my previous messages. But yes I am referring to like "squatters rights". Thank you. Yes you are right. That is exactly what I am referring to. If I owned private property, and am paying taxes on it but someone else is living there for a matter of time is he or is he not allowed to claim possessesion of the property?

**A: My duplicate response, "search the internet and this website"
Hint: Michigan adverse possesson laws

 

[kacey615]

verify please

I have done just that and received a definition of what this is. Here is the scenario... my fiance' owns a car lot on a corner. The corner directly across the street to the side of him is an empty lot and then a restaurant next to that. The empty lot has been used by my fiance' for employee parking and parking other vehicles for his business for the last 15 years without any trespassing notice or any other notice from the land owner tellling him to discontinue use to the property. The lots, both my fiance's and the vacant lot, are on a main drag that runs through all metropolitan cities north of Detroit. SO it is being used in the open for all to see. Does he (my fiance') have anything substantial legally to be able to use this law in accomplishing posession of this property? If so, how should we approach this and where would we go to do this. I am not in a habit of trying to take things from people, so please dont think bad of me. He has tried to purchase this property before. Obviously no sale due to an over inflated idea of what the worth of property was. The original owner of the property has passed and the land has been passed down to I believe his son. It is not being used for anything and I know if he were to have ownership he would make it a productive corner in the community not an eye sore. Thank you for all of your help. By the way the city is now making the neighbor fix his pipes. We will now be able to take the neighbor to small claims to gain compensation for the repair costs to the drive.

 

[HomeGuru]

When did he make an offer on the property, to whom and was the offer in writing?
Did he make any other offers on the property or discuss buying the property with anyone else such as owner, owners family, his attorney, real estate broker, mortgage broker etc. after his first offer was rejected?

 

[kacey615]

reply

He spoke verbally to the original owner and he told him he doesn't have a figure in mind but upon his retiring he would sell it to Dan (my fiance'). the original owner stated verbally to dan that prior to placing it on the market he would give Dan first offer rights to buy it. Dan has been maintaining the property since 1987. Cutting lawn and plowing snow etc. The original owner died and the son received a call from Dan regarding another offer and he turned him down. Now keep in mind at times there have been other people parking there whether it be trucks that choose not to park at the restaurant that is directly next door or because they can't get their truck in that parking lot and/or overflowing parkers from the bowling alley one corner further. Nothing has been in writing and no attorneys or brokers or anyone have been contacted. Regardless Dans employees park there and have since 1987 and Dan has kept other vehicles that belonged to his business there also all on a regular basis.

 

[HomeGuru]

What year was the first verbal offer made to the owner and the second offer made to the owner's son?