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Neighbor's Illegal Addition

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lamar56

Guest
What is the name of your state? Our is PA

I thought I would touch base on what has happened since our property survey was comlpeted as of 9/17/04. We were horrified!! Not only is part of the illegal addition on our property, they built up their yard close to a foot, and added a flower garden which is built up 2 feet and it is all resting on our property, packed against our fence!! The garden is 30 foot long and is perminantly fixed against the fence by cemented rocks, which is also on our property! We now know why our fence is prematurely rotting! The cement patio was poured to set against our fence! We want to put up a new(chain-link) fence, however with the issues involved, we can't. I talked to the zoning officer and he has done nothing! What is our next step? The neighbor has been hiding. I find this most interesting.
We appreciate any advice, Thank you!
Lamar56 :eek: and Liz
 


Ummonx

Member
get an attorney, send them a certified letter demanding they remove thier structures off your property. Make sure you have a recent survey

From the sounds of this, it looks like you really will need an attorney.
 
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lamar56

Guest
Illegal structures

State: PA
Thank you for all of your help. It is really sad that you can't trust your fellow man. It doesn't pay to mind your own business; people will walk all over you! I would never as much as think of doing this to anyone. I respect others and their property. I was so shocked by what my husband and I found when he removed sections of our fence to have our property surveyed. I am still in a state of shock!
I hope this does not take a long time to resolve. We have two dogs that need a fenced yard to run and this woman has already informed us she does not like animals and small children. I fear for my pets, which are wonderful animals(a chocolate lab and a boarder collie/lab mix, may suffer from this mess. I have to admit I am sick over this whole mess. Who ever stated that fences make good neighbors is wrong. In are case it allowed a neighbor to take advantage of abusing our property to the max, without us knowing it was happening, due to the privacy it provided. I will never own another privacy fence again! This woman is not stupid, she carries two degrees in the sciences and one of them is a P.H.D. I just don't understand her behavior. In your opinion, how long do you think it will take to resolve this matter?
I would assume it should be a "Real Estate Lawyer?

We kindly thank you and we appriciate the time you have spent to help us.

Truly,
Lamar56 and Liz
 

Ummonx

Member
Yes it should be a real estate attorney, also make sure you have a recent survey done to confirm your property lines.
 

HomeGuru

Senior Member
lamar56 said:
State: PA
Thank you for all of your help. It is really sad that you can't trust your fellow man. It doesn't pay to mind your own business; people will walk all over you! I would never as much as think of doing this to anyone. I respect others and their property. I was so shocked by what my husband and I found when he removed sections of our fence to have our property surveyed. I am still in a state of shock!
I hope this does not take a long time to resolve. We have two dogs that need a fenced yard to run and this woman has already informed us she does not like animals and small children. I fear for my pets, which are wonderful animals(a chocolate lab and a boarder collie/lab mix, may suffer from this mess. I have to admit I am sick over this whole mess. Who ever stated that fences make good neighbors is wrong. In are case it allowed a neighbor to take advantage of abusing our property to the max, without us knowing it was happening, due to the privacy it provided. I will never own another privacy fence again! This woman is not stupid, she carries two degrees in the sciences and one of them is a P.H.D. I just don't understand her behavior. In your opinion, how long do you think it will take to resolve this matter?
I would assume it should be a "Real Estate Lawyer?

We kindly thank you and we appriciate the time you have spent to help us.

Truly,
Lamar56 and Liz

**A: it may take 6 months to a year to resolve the matter in court.
 

nextwife

Senior Member
But DO get a RE attorney and start addressing this. You should fight to have all encroaching structures REMOVED. NOT doing so will bring more problems later.

It's not your fault they didn't do this properly. You should not be stuck with their sloppy decision making.

Man, WHY do people put money into building these things, but no money into making certain they actually place them where they belong to begin with? It's like putting an engine in another guys car and then complaining that you can't keep the car.
 
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lamar56

Guest
Illegal Addition

State: PA

Guess what? I comfronted the zoning officer again, today. He started listening more intently when I mentioned a attorney and as to why he is not taking any action in this matter. I stated that even though I may need to obtain an attorney, it was his job as our town's zoning officer, to inforce all penalties to the owner of the all illegal property issues. He was skipping around the whole deal. Doesn't this zoning officer have a legal oblication to enforce this?
Now, all of a sudden, he has a change of heart? Why? Now he wants a copy of the survey to write a letter the owner about the encroachment and moving everything that is the property. :rolleyes: I find this all quite interesting. It seems we are being punished for what this inconsiderate neighbor has done to our property! Do you think this zoning officer is being truthful?

lamar56 and liz
 

Ummonx

Member
forget the zoning officer, They enforce the zoning restrictions not border disputes. Unless your neighbor is violating some zoning ordinance then the guy is not going to do squat.

3 separate people have said get an attorney. Guess what you need to do next?
 

nextwife

Senior Member
The BUILDING INSPECTOR's office would likely be the place that should issue fines and such for failure to apply for permits, get building approval and failure to comply with any municipal set-back requirements. Zoning really deals with "permitted uses". This is likely zoned residential and is being used that way.

You need a REAL ESTATE attorney and you need a new survey showing the placement of the addition, patio, etc.
 
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lamar56

Guest
Illegal Addition

State: PA

Thanks for all of your advice. How do I know if the Real Estate Attorney I choose is a reputable Attorney? I a good attorney. We have put out a lot of money! I need some help with my decision.

Thanks,
Lamar56 and Liz
 

HomeGuru

Senior Member
Interview them in their offices, ask to see a resume, a list of past clients and cases worked on and prevailed, do a background check.........
 

You Are Guilty

Senior Member
I find asking other people for recommendations works well also - someone can have an impeccable resume but still be a jackass once they're hired. Ask your friends & neighbors if they have had any luck with local lawyers.
 
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man-o-man

Guest
Any building permits issued should have required a blue-print. The neighbor may have simply assumed that your "privacy fence" was on the property line and simply intended to use their property more fully. Never checking to see if their "drawing" was in agreeance with the plot survey on record. That does not make it right, but it may have been unintentional.

Questions: Why was your "privacy fence" so far inside your property line? Who maintained the land outside your "privacy fence"? If it was your neighbor, did you inform your neighbor that they were maintaining your property?

If the job was "permitted" then there is some factor of negligence on behalf of the building department for issuing a permit for a party to build a structure on land that did not belong to them, or beyond the stated easement; because they failed to verify that the depicted property lines on the blueprint agreed with their plot map.

If you weren't planning to use the land, and they want to, you could sell them a portion of your plot to bring everything back into agreeance with the local codes and ordinances.

After the ownership of the land issue is settled; there is another issue remaining. They made changes that adversely affected your property and structures. It is not legal to have their property drain onto your land. It is not legal for them to fill or build on the property line in a manner that will destroy your fence. Filling directly against your wooden fence is wrong, be it concrete or dirt.
 

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