No variance letter received- driveway cut broken due to large dwelling built.

[Alimarie972]

I’m in need of some legal guidance and where I can begin. We purchased our home in 2010, where our driveway was used a common shared driveway with our neighbors to the left of us. we worked it out with out any issues until the mother decided to give the home to her daughter and soon to be husband. We were like family till this new member came along. My husband even went to try to save the father as he lie dying from a heart attack. My daughter was attached to them as grandparents. the son in law decided to tear the entire dwelling down (in NJ if you leave one wall up, it’s considered a reno, instead he did a complete tear and build new). The young couple created the plans for the new home without notifying us about the property lines in driveway. We inquired and they kept telling us they will send the plans but never did. We also inquired about the variance letter we did not receive the variance letter only three people on the block received variance‘s letter and those homes were directly down the street far from the new dwelling. Upon demolition of the old home 2weeks before, the young couple came to us and asked if we would help them out greatly they would help us out they asked if they can store the machinery for the demolition on our property in the driveway if we would help them out they would pave our driveway because it would be damaged throughout the demolition process we agreed trusting them because they were like family still waiting on the variance letters and plans for the house but we allowed them to store there machinery on our land. The demo of the house started once the demo started the contractor became friendly with my husband and I he began to tell us that The metal spike in the middle of our driveway is the property line we disputed that immediately due to the fact that we had our survey done 10 years ago and the father of the daughter of the new dwelling also told us directly where the property line were therefore they’re stating that their property line was in the middle of our driveway giving us absolutely no driveway the young couple never came to us never told us and their contractor told us they were going to take away the paving of the driveway the contractor told us that the young man wasn’t being honest with us and had planned not to pave the driveway the entire time the following weekend the young man came and started spray painting lines down our driveway when my husband and I confronted him he started screaming and yelling at us saying that it’s his property he could do what he wants he can even put a fence up so we don’t even have anywhere to park we explained to him that we had a survey and that that survey is different to where his metal peg was placed. he told us that this it is his property and his survey was done professional because he had drones and we did not he started to get loud with myself and my husband I walked away. Then he told us that he would deed us land and we question that he did not like us asking questions pertaining to our land. He started getting loud, told us again it’s his property if we don’t like it hell put a wall and fence up. his wife came whereas I asked why I did you not tell us when the plans were created said why did you not tell us that we had no driveway which doesn’t seem correct because our house is supposed to come with the driveway she had no answer she just said she would deed us the land then proceeded to tell us to get a new survey at this point Covid was going on we have a rental property not rented we are paying two mortgages my husband was not working we did not have the money we had to wait a while they didn’t like the fact that they had to wait at the time they only waited three weeks we didn’t have the survey back on time he called the cops , which we don’t know if that was legal bc he knows everyone in town, he worked for the man in charge of zoming and variances, the police officer forced us to remove our truck out of driveway so he can put Belgium blocks in, he cut our driveway where he cut the driveway was not the property line now our driveway is crumbling and falling apart he told us he’s not gonna fix anything he made a big huge bump on our driveway apron we cannot even barely fit our Ford Explorer in our driveway during this time he chop down a tree put all the wood against my garage at that time vermin and rodents dug a huge hole from the rubbish of the tree into my garage I have two huge holes in my garage and all my school supplies and books were all ruined he put his sprinklers next to our driveway our cars get wet all the time I have huge holes in my driveway my driveway is cracked at this time we called our deed insurance the deed insurance could not help us due to the fact that when this young couple went through variance from the town we received no letter the man in charge of the variances came to our house and told us we must work with him we must do what’s right we told him we did we allowed them to use their equipment on our property they cracked our property we fall getting out of the cars, they hit our house. They have water shooting on our house and on our cars every day from the sprinklers. we did work with them they did not work with us my legal question is where do we stand here because at this point we’re trying to sell her home and it’s very difficult because of the driveway situation do we have any legal action with our neighbors the town and the contractor building the house house before I put money down for an attorney I would like to know if we have any legal action here because it is very difficult living here we’ve worked for everything where has these two are not even 30 and they have two homes given to them and they took a little land that we had this is very upsetting because we cannot sell our house my daughter is upset they called the cops on us when we tried to help them and we weren’t on time with the survey. I am losing out on money on the sale of my home I need some advice to see where I stand bc I’m getting reports that my buyers looking at my home are complaining about driveway damage and size unable to fit vehicles correctly. We were also denied a pool during this time, but a monster mini mansion was built on a 40/80 lot. Please help

 

[Ohiogal]

That big block of text is too hard to read. Simplify it please by just telling us what it is you want. You want your driveway paved because it was destroyed during demolition and construction? You want to sell your house but it is difficult due to the driveway being claimed by them? Well... you will need to get a new survey.

 

[Alimarie972]

That big block of text is too hard to read. Simplify it please by just telling us what it is you want. You want your driveway paved because it was destroyed during demolition and construction? You want to sell your house but it is difficult due to the driveway being claimed by them? Well... you will need to get a new survey.

We had already paid for two surveys. we did not get variance letter- we were unaware of the changes to our property- we cannot fit our cars in- the sprinklers shoot water on us- town allowed without our permission- driveway is torn up. Cannot sell home

 

[adjusterjack]

Sorry, too much, I had to stop reading. You made a lot of mistakes. Now it's time to talk to an attorney.

 

[not2cleverRed]

Editing wall-o-text:

State: NJ

We purchased our home in 2010. Our driveway was a common shared driveway with our neighbors to the left of us. There was no issue with the arrangement until the mother decided to give the home to her daughter and soon to be husband.

The son in law decided to tear the entire dwelling down and build a new home. The daughter and son-in-law created the plans for the new home without notifying us about the property lines in driveway. We inquired and they kept telling us they will send the plans but never did. We also inquired about the variance letter. We did not receive the variance letter, although three households on the block received variance‘s letter and those homes were directly down the street far from the new dwelling.

2 weeks before the demolition of the old home, the young couple came to us and asked if they asked if they can store the machinery for the demolition on our property in the driveway. They offered that they would pave our driveway, because it would be damaged during the demolition process. We agreed.

Once the demo started, the contractor told my husband and I that the metal spike in the middle of our driveway is the property line. We disputed that immediately: we had our survey done 10 years ago. They’re stating that their property line was in the middle of our driveway giving us absolutely no driveway. Their contractor told us they were going to take away the paving of the driveway. The contractor told us that the young man had planned not to pave the driveway the entire time.

The following weekend the young man came and started spray painting lines down our driveway. When my husband and I confronted him, he started screaming and yelling at us saying that it’s his property he could do what he wants he can even put a fence up so we don’t even have anywhere to park. We explained to him that we had a survey and that that survey is different to where his metal peg was placed. He told us that this it is his property, and that his survey was more accurate, because he had drones. He started to get loud. I walked away. Then he told us that he would deed us land, and we questioned why he did not like us asking questions pertaining to our land. He started getting loud, told us again it’s his property if we don’t like it hell put a wall and fence up. His wife came out, and I asked her why did she did not tell us that we had no driveway? After all, our house, when purchased, was supposed to come with the driveway. She just said she would deed us the land, then proceeded to tell us to get a new survey.

We did not get our own survey because at the time we could not afford it.

They waited three weeks. We didn’t have the survey back on time he called the cops.

BTW, our neighbor works for the man in charge of zoning and variances.

The police officer forced us to remove our truck out of driveway so our neighbor would put Belgium blocks in. He cut our driveway. Where he cut the driveway was not the property line. Now our driveway is crumbling and falling apart. He told us he’s not gonna fix anything. We can barely fit our vehicle (Ford Explorer) in our driveway.

During this time he removed a tree [whose tree?] and put all the wood against my garage. Vermin and rodents dug a huge hole from the rubbish of the tree into my garage. [This did not happen overnight.] I have two huge holes in my garage and all my school supplies and books were all ruined. He put his sprinklers next to our driveway our cars get wet all the time.

We called our deed insurance. The deed insurance could not help us, because when this young couple went through variance from the town we received no letter. The man in charge of the variances came to our house and told us we must work with our neighbors. We told him we allowed them to use their equipment on our property, they damaged our driveway, we fall getting out of the cars, they hit our house [no idea what this means]. They have water shooting on our house and on our cars every day from the sprinklers. We tried to work with them they did not work with us.

My legal question is where do we stand? We’re trying to sell our home and it’s very difficult because of the driveway situation. Do we have any grounds for legal action (with our neighbors, the town, and/or the contractor building the house house)? I would like to know this retain an attorney. Potential buyers looking at my home are complaining about driveway damage and size unable to fit vehicles correctly. We were also denied a pool during this time, but a monster mini mansion was built on a 40/80 lot.

Please help

 

[not2cleverRed]

My advice: get an "initial consult" from a couple of local lawyers. This may cost money, but not as much as much as retaining a lawyer, and will give you a better idea of how to proceed.

Oh, and you can start reporting the sprinkler stuff to code enforcement.

 

[Zigner]

During this time he removed a tree [whose tree?] and put all the wood against my garage. Vermin and rodents dug a huge hole from the rubbish of the tree into my garage. [This did not happen overnight.] I have two huge holes in my garage and all my school supplies and books were all ruined.

Why didn't you remove the wood?

 

[not2cleverRed]

Why didn't you remove the wood?

I was wondering that as well. They don't seem to have taken any action to mitigate their damages.

 

[Alimarie972]

Editing wall-o-text:

State: NJ

We purchased our home in 2010. Our driveway was a common shared driveway with our neighbors to the left of us. There was no issue with the arrangement until the mother decided to give the home to her daughter and soon to be husband.

The son in law decided to tear the entire dwelling down and build a new home. The daughter and son-in-law created the plans for the new home without notifying us about the property lines in driveway. We inquired and they kept telling us they will send the plans but never did. We also inquired about the variance letter. We did not receive the variance letter, although three households on the block received variance‘s letter and those homes were directly down the street far from the new dwelling.

2 weeks before the demolition of the old home, the young couple came to us and asked if they asked if they can store the machinery for the demolition on our property in the driveway. They offered that they would pave our driveway, because it would be damaged during the demolition process. We agreed.

Once the demo started, the contractor told my husband and I that the metal spike in the middle of our driveway is the property line. We disputed that immediately: we had our survey done 10 years ago. They’re stating that their property line was in the middle of our driveway giving us absolutely no driveway. Their contractor told us they were going to take away the paving of the driveway. The contractor told us that the young man had planned not to pave the driveway the entire time.

The following weekend the young man came and started spray painting lines down our driveway. When my husband and I confronted him, he started screaming and yelling at us saying that it’s his property he could do what he wants he can even put a fence up so we don’t even have anywhere to park. We explained to him that we had a survey and that that survey is different to where his metal peg was placed. He told us that this it is his property, and that his survey was more accurate, because he had drones. He started to get loud. I walked away. Then he told us that he would deed us land, and we questioned why he did not like us asking questions pertaining to our land. He started getting loud, told us again it’s his property if we don’t like it hell put a wall and fence up. His wife came out, and I asked her why did she did not tell us that we had no driveway? After all, our house, when purchased, was supposed to come with the driveway. She just said she would deed us the land, then proceeded to tell us to get a new survey.

We did not get our own survey because at the time we could not afford it.

They waited three weeks. We didn’t have the survey back on time he called the cops.

BTW, our neighbor works for the man in charge of zoning and variances.

The police officer forced us to remove our truck out of driveway so our neighbor would put Belgium blocks in. He cut our driveway. Where he cut the driveway was not the property line. Now our driveway is crumbling and falling apart. He told us he’s not gonna fix anything. We can barely fit our vehicle (Ford Explorer) in our driveway.

During this time he removed a tree [whose tree?] and put all the wood against my garage. Vermin and rodents dug a huge hole from the rubbish of the tree into my garage. [This did not happen overnight.] I have two huge holes in my garage and all my school supplies and books were all ruined. He put his sprinklers next to our driveway our cars get wet all the time.

We called our deed insurance. The deed insurance could not help us, because when this young couple went through variance from the town we received no letter. The man in charge of the variances came to our house and told us we must work with our neighbors. We told him we allowed them to use their equipment on our property, they damaged our driveway, we fall getting out of the cars, they hit our house [no idea what this means]. They have water shooting on our house and on our cars every day from the sprinklers. We tried to work with them they did not work with us.

My legal question is where do we stand? We’re trying to sell our home and it’s very difficult because of the driveway situation. Do we have any grounds for legal action (with our neighbors, the town, and/or the contractor building the house house)? I would like to know this retain an attorney. Potential buyers looking at my home are complaining about driveway damage and size unable to fit vehicles correctly. We were also denied a pool during this time, but a monster mini mansion was built on a 40/80 lot.

Please help

Thank you for this. I am truly grateful. I know I ranted but I’m so hurt and cannot believe this has happened.

 

[Alimarie972]

Why didn't you remove the wood?

Because it was his wood from his tree he cut down I shouldn’t have to remove an enormous amount of wood, where it’s on my property illegally.

 

[Alimarie972]

I was wondering that as well. They don't seem to have taken any action to mitigate their damages.

COVID hit- funds are too low to retain a lawyer, at that time. we need to know what kind of case we actually have, if any. we cannot sell our home.

 

[Alimarie972]

My advice: get an "initial consult" from a couple of local lawyers. This may cost money, but not as much as much as retaining a lawyer, and will give you a better idea of how to proceed.

Oh, and you can start reporting the sprinkler stuff to code enforcement.

He has ties to code enforcer. He paid him off

 

[not2cleverRed]

Because it was his wood from his tree he cut down I shouldn’t have to remove an enormous amount of wood, where it’s on my property illegally.

Are you familiar with the phrase, "cutting off your nose to spite your face"?

You should have moved it away from the house, to mitigate damages. Heck, since he left it on your property, you could have listed it as "free wood" on freecycle or Craig's List, and got someone else to happily move it off your property entirely.

 

[Zigner]

Because it was his wood from his tree he cut down I shouldn’t have to remove an enormous amount of wood, where it’s on my property illegally.

That phrase "Cutting off your nose to spite your face" comes to mind.

 

[Just Blue]

That phrase "Cutting off your nose to spite your face" comes to mind.

It came to Red's mind as well. Post 13.