Neighbor is using my ground

[b11_]

What is the name of your state (only U.S. law)? Pa.

Because the property line is 2.5 feet from neighbors house, he put his fence, air conditioner, etc. on my ground and without my permission. I want him to move his fence, etc. to his property. I tried talking to him but that did not help.

 

[STEPHAN]

What does he say when you talk to him?

Do you have a recent survey?

 

[b11_]

reply

I have a blue-print about 40 years old. On the document, one concludes that the property line is 2.5 feet from his house.

When I spoke to him, he mumbled that he would give me one half a foot.
I think he knows that the property line is close to his house.

 

[STEPHAN]

I don't know how much surveys in your area are. Here in FL they are between 250 and 350.

You could order a new survey that would clearly show the property line.

 

[b11_]

reply

In the lower right corner of the blue-print, there is a statement. According to that statement, the line is 2.5 feet from his house.

Is a 40 year old blue-print not acceptable in court?

 

[ShyCat]

Generally, a blue-print is a plan for what will be built, not what was built. My house's blue-print clearly says it's 50' x 25'. It's actually 51' x 26'. Go figure.

 

[154NH773]

No, the blueprint is insufficient. As others have told you, you need an up-to-date survey, with corner pins placed. You have no legal argument without a survey.

 

[b11_]

reply

If I go to small claims court, do I still need the survey?

Can I ask for reimbursement? What else can I request?

 

[commentator]

And may I add that you need to do this quickly. If he claims the property for so long, acts as if it is his, he gets to keep it. So get the survey, bite that bullet, get the line established, then inform him that you have a survey, that his property is on your land, and that he is to move it.

 

[STEPHAN]

What would you want in the small claims court? So far nobody took anything away from you.

Also, you have no survey, what do you want to show? 40 year old constructions plans show nothing.


I just had a new survey done on a small property and found that the neighbor’s garage and drive way is 2 inch on our property. On the old construction plans everything was fine.


Have a survey done. The surveyor will set mark the survey marks and this will show you and the neighbor where the property line is. If he still does not respect the property line, it is time to handle it.

 

[154NH773]

If I go to small claims court, do I still need the survey?

Can I ask for reimbursement? What else can I request?

I'm not sure about PA, but my in my state questions of title must be heard in Superior Court.

As someone else asked, what were your damages that you want ot get "reimbursed" for?

If your neighbor is claiming your property you must sue to quiet title. The court will decide who owns what property, and what rights each party have. If all you bring in is a 40 year old "plan", you will probably not win; in fact, without a survey you don't even know if your neighbor is actually "using" your property.

 

[b11_]

reply

If I go to small claims court, can I request a reimbursement for the survey cost and any court costs?

He got his property from his parents.

His property deed is dated 2003, so he has not had his property for the required 21 years.

 

[154NH773]

If I go to small claims court, can I request a reimbursement for the survey cost and any court costs?

You really aren't listening. The answer is NO. Land issues are not heard in Small Claims Court. All issues pertaining to the action must be brought in the same court, so you must ask for reinbursement from the court that decides the issue. It is possible, but not highly likely, that a court might make him reimburse you for your costs to defend your own land.

The following link will take you to a training document on litigating Quiet Title actions. If you can't understand it, you need a lawyer. There is a possibility that you may be able to file an action of ejectment, but a quiet title is usually allowed even when an action of ejectment is proper.

https://www.phillyvip.org/sites/default/files/Training_Mentoring/Training_Guide_QT.doc

I am not a lawyer, but I have successfully fought land use issues in my state. I defer to advice from anyone more familiar with Pennsylvania law.

 

[John Se]

Do you have Damages?

Is there some claim of monetary damages your making?, how far from your house is his equipment?. Would a reasonable person conclude that this is something worth making an issue of?

 

[Zigner]

The court is not going to order that he pay for your survey.