missing land

[landtieup]

We bought a house a year ago and just had to remove trees that died in a section of our property. We realized that the property line didn't look like the map that we were given in escrow. We had it surveyed yesterday and we found out that the neighbor behind us has 37 feet of our yard. They have it really nicely landscaped. The subdivision is only 9 years old. Is there any recourse for us and our neighbor? We live in California

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storms

[This message has been edited by landtieup (edited July 06, 2000).]

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by landtieup:
We bought a house a year ago and just had to remove trees that died in a section of our property. We realized that the property line didn't look like the map that we were given in escrow. We had it surveyed yesterday and we found out that the neighbor behind us has 37 feet of our yard. They have it really nicely landscaped. The subdivision is only 9 years old. Is there any recourse for us and our neighbor? We live in California

<HR></BLOCKQUOTE>

Have a friendly talk with your neighbors and compare surveys. Maybe they really think that the 37' portion of the land they are using is theirs. There are several options available from demanding that they clear your land, giving them an easement/right-to-use to selling them that portion if it does not prohibit your lot zoning.

 

[landtieup]

my husband went over and talked with the neighbor tonight. The husband was very nice but the wife stated that it was our problem and we will have to go after the contractor but it is not there problem and they are not going to give up "Their Land" and they don't plan on paying anything for it. I guess we will have to get an attorny. Does anyone have any other suggestions?

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by landtieup:
my husband went over and talked with the neighbor tonight. The husband was very nice but the wife stated that it was our problem and we will have to go after the contractor but it is not there problem and they are not going to give up "Their Land" and they don't plan on paying anything for it. I guess we will have to get an attorny. Does anyone have any other suggestions? <HR></BLOCKQUOTE>

Well thank your husband for trying. Next send a letter with a copy of your survey to these folks telling them that they are using your property etc.

IAAL, this is your land area. Can you help. The land is not really missing, the neighbors just want to use it for some free Martha Stewart type gardening.

PS: the wife has a bad attitude. She is a witch spelled with a B.


You could lead the song that I am reminded of and learned as a kid: this land is our land, this land is your land.......this land was made for you and me. Second verse same as the first. Oops, different song.


[This message has been edited by HomeGuru (edited July 07, 2000).]

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by HomeGuru:
Well thank your husband for trying. Next send a letter with a copy of your survey to these folks telling them that they are using your property etc.

IAAL, this is your land area. Can you help. The land is not really missing, the neighbors just want to use it for some free Martha Stewart type gardening.

PS: the wife has a bad attitude. She is a witch spelled with a B. <HR></BLOCKQUOTE>

My response:

"This Land is My Land, This Land is Your Land, from California, to the Neighbor's Back Door, to the Redwood Forest, to the Jailhouse Door, This Survey Was Made for You and Me."

I would merely start, and complete, construction of a fence. If they touched my fence, or attempted in any way to impede construction, I'd call the cops and have them arrested for trespass. While the fence was being built, I'd be out there with my rented, riding, rototiller, and do some major plant excavation. Put the ball in the neighbor's court.

Real simple.

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited July 07, 2000).]

 

[Tracey]

IAAL, I am shocked. Just shocked. Here the neighbors have gone & put in all this lovely landscaping for our caller, & you want her to rip it all up? Destroy mature (and expensive) flora? She should send her neighbor a nice, Martha Stewart-type handmade thank you note for the fine shrubbery. Then she should transplant any plants she wants placed elsewhere in the yard. By the way, caller, if the wife tries to take back "her" plants, you get to sue her for willful & wanton trespass, theft, etc. The plants are yours!

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[landtieup]

Thanks for all your comments. I do feel bad for them though they have put so much into this land. And they had no clue that they didn't own it. We want to put a pool into that area of land so I would be willing to give them back all the landscaping. I would probally act the same way she did if someone came and told me that I had their land. (AT FIRST) Than I would give it back. Hopefully she will realize that too.

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storms

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by landtieup:
Thanks for all your comments. I do feel bad for them though they have put so much into this land. And they had no clue that they didn't own it. We want to put a pool into that area of land so I would be willing to give them back all the landscaping. I would probally act the same way she did if someone came and told me that I had their land. (AT FIRST) Than I would give it back. Hopefully she will realize that too.

<HR></BLOCKQUOTE>


My response:

I understand you want to be "neighborly" and nice. That's fine. But, let's get down to brass tacks about this: They weren't nice to you about this matter, and more importantly, you are the one paying the property taxes on the land; yet she's claiming dominion over the land despite this fact and without paying you any rent.

Put up a fence and tell the woman and her husband to go bite rocks. The only way to do this is to dig up the plants and put them into a pile for her to see.

Look, she wasn't nice to you at all and couldn't care less about your sense and sensibilities. Because of your husband's little talk with her, she showed her true colors and WILL NEVER be your friend. So, treat her with the same disrespect by putting "her" plants in a big pile. Then, as she comes screaming from her house, light the match.

Get tough. Get serious. Get your land back.
Don't be namby-pamby. You're not talking about 3 inches of land; you've talking about 37 feet of land !!

IAAL



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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[landtieup]

I guess you are right, somebody today said that they might be able to claim adverse possesion. (Something like that) Do you know anything about that?

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by landtieup:
I guess you are right, somebody today said that they might be able to claim adverse possesion. (Something like that) Do you know anything about that? <HR></BLOCKQUOTE>

If you do not do anything, eventually the neighbor can claim ownership to that section of your property that they are using. It takes many years and certain conditions apply. You have nothing to worry about because your husband has already notified them that the property is yours. Somehow those wonderful ideas of IAAL and Tracey seem to be better and better. Was it dig the plants and install a fence? No more namby-pamby. I dig it.

 

[landtieup]

This should be lots of fun. I just don't want to be sued in the end. I have never met neither of the neighbors YET. I guess I will when I am putting up a new fence. LOL

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storms

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by landtieup:
This should be lots of fun. I just don't want to be sued in the end. I have never met neither of the neighbors YET. I guess I will when I am putting up a new fence. LOL

<HR></BLOCKQUOTE>


My response:

You don't want to be sued? Of course you're going to be sued - - no doubt about it !!

Look, YOU PAID FOR THE LAND, YOU'RE PAYING TAXES ON THE LAND - - IT'S YOUR LAND. TAKE IT BACK AND STOP BEING SCARED ABOUT IT. IT'S YOUR LAND. IT'S YOURS, IT'S YOURS.

If you don't take the land back tomorrow, I'm coming over there and taking it myself. I'm gonna lift that land up with my helicopter and take it back to So. California. I could always use more land to mow.

IAAL




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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[landtieup]

So you are saying that we will get sued.(I know I am a pansy) I just hate the thought. My husband contacted his lawyer tonight. But he has not called back. We just found out about this last week. We are still shocked by it all. We just bought the property a year ago. We payed $385,000 for it and the value is already at 600,000. So you are right we defiently right. I guess we start building a fence this weekend.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by landtieup:
So you are saying that we will get sued.(I know I am a pansy) I just hate the thought. My husband contacted his lawyer tonight. But he has not called back. We just found out about this last week. We are still shocked by it all. We just bought the property a year ago. We payed $385,000 for it and the value is already at 600,000. So you are right we defiently right. I guess we start building a fence this weekend.<HR></BLOCKQUOTE>


My response:

You're damn right you're going to build a fence. And a strong enough of one to keep that big mouth of your neighbor's shut. Keep us informed as this matter progresses, from start to finish, beginning with a report of tomorrow's happenings. Okay?

$600K ?? That's it. I'm coming over there tomorrow to help. I've got dibs on the plants. Now, where did I put my rototiller?

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited July 08, 2000).]

 

[landtieup]

Thanks, so when I end up in jail will you bail me out also? LOL
Thanks for making me smile

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storms