A few questions. What are my options?

[Kailef]

I live in western Kentucky. The few questions I have are in regard to two different neighbors and two different situations. One neighbor is a government building that was built not too long ago.

The first situation is a neighbor that is directly across the street from me. It's a government city building. In fact, it's a detention center where criminals are held. This place was built new probably about 10 years ago I'd say. Maybe a little longer. The city officials and whoever else was involved were idiots when designing this thing. The unloading dock for the big 18-wheelers that deliver groceries, supplies, etc... have serious trouble backing into that thing. They have hit the light pole causing 2 of my security cameras to fry. They have hit a vehicle. The city poorly designed the unloading dock area. It's on a side street in a residential neighborhood. They have destroyed our yard because the 18-wheelers have to pull up in our yard just to have enough room to straighten up to back the truck in. Half of these trucks that deliver during the week are super long and take up about 3/4ths of the street while unloading causing vehicles coming through to sometimes have to come up on the curb just to pass by. It's ridiculous.

Is there something I can do to force the city to redo this? It is causing a major issue with the neighbors constantly having to drive up onto part of our sidewalk sometimes. I am disabled and in a wheelchair and the front of my house is the only area where I can easily get into a vehicle...a vehicle that just happens to be moved everytime a delivery truck comes, which is like 3 to 5 times a week.. Multiple trucks and multiple days. It is a huge inconvenience and so much that I honestly would sell and move out of this city if I could afford to do so.

The second situation has to do with the neighbor behind us. We learned long ago, based on the map layout from the PVA office and how the PVA employee that runs that office, that the neighbor behind us(not the detention center as they are across the street) has part of their property(garage, fence, etc..) on our land. They have become a nuisance that we have had to report them multiple times for spraying poison on our roses and vegetable garden. They've been caught doing it and the police around here won't do a thing.

Obviously, the second situation, is going to require a survey to make something official. A survey is very expensive. I know because we had to pay for a survey on my brothers property several years ago and I imagine the inflation has driven up that price more. Is there a way to force the neighbor to pay for half of the survey? If not, if I pay for a survey and it finds that their garage and fence is on our property, I can not only force them to move it, but pay for damages as well?

 

[adjusterjack]

Is there something I can do to force the city to redo this?

No, there's nothing you can do to "force" the city to do anything.

Have you been making claims against the city for the costs to repair any damage done by its operation of that building? Or against any vehicle owners that damage your property?

If the answer is no, then you missed a good opportunity for compensation.

Has your homeowners insurance or collision insurance paid for any repairs?

Obviously, the second situation, is going to require a survey to make something official. A survey is very expensive. I know because we had to pay for a survey on my brothers property several years ago and I imagine the inflation has driven up that price more. Is there a way to force the neighbor to pay for half of the survey? If not, if I pay for a survey and it finds that their garage and fence is on our property, I can not only force them to move it, but pay for damages as well?

The word that describes the remedy for your problem is called "lawsuit." Which translates into money, probably a great deal of money to pay for a survey and an attorney.

I honestly would sell and move out of this city if I could afford to do so.

Well, you would be statutorily obligated to disclose the problems to a potential buyer. That would make your property a distressed property that would require selling it dirt cheap, likely to an investor who wants a cheap rental.

The unfortunate reality of living is that people with no money often have no way of obtaining redress for wrongs done to them.

We get tons of posts from people seeking solutions where the posts include phrases like "I can't afford a lawyer" or "I can't afford to relocate," etc.

Not much you can do about that. Try contacting local Legal Aid and see if they can be of any help.

 

[Kailef]

No, there's nothing you can do to "force" the city to do anything.

Have you been making claims against the city for the costs to repair any damage done by its operation of that building? Or against any vehicle owners that damage your property?

If the answer is no, then you missed a good opportunity for compensation.

Has your homeowners insurance or collision insurance paid for any repairs?



The word that describes the remedy for your problem is called "lawsuit." Which translates into money, probably a great deal of money to pay for a survey and an attorney.



Well, you would be statutorily obligated to disclose the problems to a potential buyer. That would make your property a distressed property that would require selling it dirt cheap, likely to an investor who wants a cheap rental.

The unfortunate reality of living is that people with no money often have no way of obtaining redress for wrongs done to them.

We get tons of posts from people seeking solutions where the posts include phrases like "I can't afford a lawyer" or "I can't afford to relocate," etc.

Not much you can do about that. Try contacting local Legal Aid and see if they can be of any help.

Well, first you didn't need to be rude in your original post and call me naive, but I do appreciate the response. The email when you replied originally showed the naive part. I do appreciate you removing that, but still...it's kinda hurtful when you call someone that when they're just looking for answers. Not everyone is smart or applies logic when asking questions.

I didn't really mean "force" the city. Perhaps I should have chosen better wording myself when explaining what I was trying to ask. I was trying to find out what options there might be, or the best way to approach the city to discuss this further.

You asked if I have been making claims against the city to repair damage. The answer is, sort of. Not for compensation. The vehicle that was hit was not mine and it wasn't the city's fault legally. It was the trucking company that hit the car and the owner of that car, neighbor across the street, filed a claim on that. I didn't seek for compensation on the 2 cameras that fried due to an electrical surge. I should have, but didn't. The damage to the property, I did take up with the city though because I tried showing them how much of an inconvenience it is for us, the truck drivers, and their detention center. Sometimes it's not always me parking out front. Sometimes it's the neighbors who work night shifts at a hospital and sleep during the day and sometimes don't hear the loud knocking or honking from the trucks and when that happens, they have to get a dozen of their "good behavior" inmates to unload the truck.

I did speak to the city about the damage to the grassy area next to the curb the trucks have done. In turn, the city admin did try to help by having one of their city bulldozer-like vehicles dig up the area and put gravel down. It had previously been a big muddy area that was dug way down due to tire tracks. Now it's just gravel, which has helped. The gravel has slowly dug into the ground so it probably needs another round of gravel. I had planned on asking them to do that again, but honestly, it'd be better if we would just place concrete there. I was even going to ask if they wouldn't mind if we did that because the concrete we can put would be smooth. Gravel is a bit rough to get through in a wheelchair.

The city I may not be able to do much, but at least the city admin had been cooperating some. I was just hoping for someone here that might be able to present a more professional way of discussing it and offer up some options that I might be able to pitch them or a way to fight this in court, which would likely be a lose-lose situation since it's the city...that is if they were unwilling to cooperate any further.

Mostly, I was looking for suggestions on the other neighbor. They tried explaining our carport is on their property, but then we got the PVA involved and got the official measurements and such of their property and ours. Obviously, it's going to come down to doing a survey so I have something legal I can use in court to force them to move their garage and fence, but I just didn't know if it would all come down to a lawsuit for them causing damage to our property for their garage and fence that I would have to seek later after winning the case.

We know their garage and fence is on our property based on measurements of the properties from the PVA and the big concrete stake/marker that's been in the ground long before we moved here. If we're right, their garage and fence is on our property. If they're right, then our carport is on their property, but then their house is on the property of the neighbor on the other side of em. We base it on what it says on the deed and the papers from the PVA office.

So I guess for the first situation, just speak with the city more and see if they'll cooperate further which I should have done in the first place before posting here, but I was just trying to prepare just in case they won't. We have a new city admin so I just have concerns they won't be so cooperative.

As for the other situation, I'll have to do a survey and pay for it ourselves if we want to make them move their garage and fence.

It's times like this where I dream of how nice it is to live in the country with no neighbors.

Thanks for your input again. I appreciate it.

 

[FarmerJ]

considering what is across from your property I wonder if your city could tell you what would be involved in changing your property zoning from residential to a commercial type of property which might give it more value. When communicating with your city and the facility across the street you might want to use mail sent via certificate of mailing to give you a way to show you did indeed send written communications to them. As far as your neighbors and encroachments onto each others properties with out a survey you really cant do much . As to your cameras you may have to re install so they are farther back on your property and cannot be hit by anyone.

 

[Bali Hai Again]

My advice to the gravel sinking into the ground would be to remove all the topsoil down to hard pan and put crusher run there and compact it. The crusher run will pack close to concrete. If you don’t remove all the topsoil you will be chasing tthat problem for years.

Depending on the length of time you and/or your neighbor may file an “adverse possession“ lawsuit. In my opinion you probably can give up on getting the garage moved if it’s on your property and if the neighbors house is on someone else’s property are they going to force the removal of the house?

It is disturbing to me when people knowingly ignore boundary lines, and, believe me it happens in the country too without close neighbors.

 

[Kailef]

Good point Farmer. It's the counties detention center and it may very well make this area a commercial residence. Also good point about using certificate of mailings for proof we've been in contact. Mostly, I've been in touch with them via email so I have those as proof as they're from the official admin email that has a .gov email provided to them by either the state or the county.

The cameras, they were on my house, but they fried when we had an electric surge when the Fedex truck backing into the docking area hit the light pole in front of our house. We still have the security footage on my google drive where it shows the pole rocking when it got hit and right before the video cuts off, you see electrical sparks shooting out of the lines. This was years ago when it happened, but I'm not too worried anymore about the cameras. Mostly worried that it's a huge inconvenience for us and the neighbors constantly having to move our vehicles, the truckers who constantly come knock on our doors to move the vehicles...that is if we're not in the room where the security monitor is at the time they show up. It's inconvenience for them to have to get their inmates also, but I don't care if it's inconvenient for them. I would just leave the vehicle there and apologize to the truck driver, but I don't like being rude so I move it to help them out as it's not the truck drivers fault for whoever made the poor decisions to build it the way they did.

As for the gravel sinking, that's a good idea. We did pour some concrete for a smooth rampway for me to get down on to the street and get into my truck, but the 18 wheelers sometimes come up onto the sidewalk and have broken the concrete we've poured to where we need to pour more. I may just talk to the city and show them how it's sunken down and if you're not careful stepping off the curb, your foot could get hung on the edge of the curb causing one to fall and hit the street.

The issue is, the city is not the easiest to deal with. Even the court house doesn't have a wheelchair accessible bathroom stall.

As for the other neighbor, these houses and garages were here long before we moved in. So it was any previous owners that did what they did, probably back 50+ years ago.

Too bad it's not like the old days where people cared for one another. It shows in the records that the property that we own was originally twice the size. The original owner split up his land and gave the other part to someone else so they could build a home on that part. It just so happens the house they built is partly on this property and they probably didn't care back then if it was a foot or two over onto the original owner's property. Back then, you could leave your front door open and walk up town and not worry about people going in and stealing. These days, you have to lock everything.

Well, it is what it is. I'll see what else I can do to get this figured out. I do appreciate all the feedback you all have given.

 

[adjusterjack]

The city I may not be able to do much, but at least the city admin had been cooperating some. I was just hoping for someone here that might be able to present a more professional way of discussing it and offer up some options that I might be able to pitch them or a way to fight this in court, which would likely be a lose-lose situation since it's the city...that is if they were unwilling to cooperate any further.

Government entities are immune to lawsuits unless they agree to accept lawsuits by virtue of a Tort Claims Act. Your city is likely bound by one but it's a specialized type of litigation, not generally within the purview of small claims court. So, if you are contemplating court, you will need to consult a attorney.

As for the other neighbor, these houses and garages were here long before we moved in. So it was any previous owners that did what they did, probably back 50+ years ago.

I doubt that any court will compel the neighbors to remove the garage and the fence. The best you can hope for is maybe compensation for the loss of that section of your property. Again, also a specialized form of litigation so you will need to consult an attorney about that, too.

 

[not2cleverRed]

I didn't really mean "force" the city. Perhaps I should have chosen better wording myself when explaining what I was trying to ask. I was trying to find out what options there might be, or the best way to approach the city to discuss this further.

Wording matters.

"Discussing" the problem is useless. What you want is the situation to change, and that change is not going to change by merely "approaching" the city. The time to effect change was before the facility was built.

What you and your neighbors need to do is to be legally annoying enough to effect change.

So make claims every time property is damaged. The trucks are not from the city; make the claims against whoever owns the trucks. They should be insured.

(The gravel solution seems to be incredibly ableist.)

The issue is, the city is not the easiest to deal with. Even the court house doesn't have a wheelchair accessible bathroom stall.

That is actually something would "approaching" to "discuss".

As for the other neighbor, these houses and garages were here long before we moved in. So it was any previous owners that did what they did, probably back 50+ years ago.

Too bad it's not like the old days where people cared for one another. It shows in the records that the property that we own was originally twice the size. The original owner split up his land and gave the other part to someone else so they could build a home on that part. It just so happens the house they built is partly on this property and they probably didn't care back then if it was a foot or two over onto the original owner's property. Back then, you could leave your front door open and walk up town and not worry about people going in and stealing. These days, you have to lock everything.

Before shelling out money for a survey, get an initial consult with a lawyer specializing in real estate law. It is unclear whether adverse possession could be an issue.

 

[stealth2]

When was the detention center built - before or after you purchased the property?

As for the neighbor... seems like it's an issue that should have been caught when you purchased your property.

 

[Bali Hai Again]

When was the detention center built - before or after you purchased the property?

As for the neighbor... seems like it's an issue that should have been caught when you purchased your property.

Yes, IF a survey was done at the time of purchase which should be recorded with the county clerk’s office. If OP financed the property, the lender will usually require a survey. Even then the OP may not have been aware of any encroachments.

The deed will specify so many feet beginning here, going there, and back to the point of the beginning. I’ve seen where the property was simply paced off by the seller (too cheap to have a survey) and the buyer told it begins at this “tree” and then goes over to that “rock” then along that “creek” and back to the “tree”. A survey is essential when buying real estate.

 

[stealth2]

Yes, IF a survey was done at the time of purchase which should be recorded with the county clerk’s office. If OP financed the property, the lender will usually require a survey. Even then the OP may not have been aware of any encroachments.

The deed will specify so many feet beginning here, going there, and back to the point of the beginning. I’ve seen where the property was simply paced off by the seller (too cheap to have a survey) and the buyer told it begins at this “tree” and then goes over to that “rock” then along that “creek” and back to the “tree”. A survey is essential when buying real estate.

A professional survey is absolutely a necessity. Even then.... I'm currently dealing with a survey issue with the property I just purchased. But that's a different story for a different thread - not going to hijack.

 

[STEPHAN]

Is the land that the trucks use on your side (where you would put the gravel) for sure your property? I see over and over that it is city property and people just use it. And if it is yours, does the city have easements?