boundary line mess

[sagebrush]

What is the name of your state? North Carolina
Several months ago my parents' neighbors sold their home after living there 35 years. A few months before they moved out, the iron pin in the front right corner "disappeared" from the lot. The pin had been there as long as I can remember, and gave us about two feet on our neighbor's side of our driveway. The iron pin also disappeared a few months later from the back of the lot as well. I do have pictures of that pin that clearly show the location of that one. A builder bought their home and tore down their home as well as my fence that had been in place for 30 years . I have pictures to verify this also. His surveyor told me that my fence was two inches over his line. I was not given any notification the fence would be removed or the opportunity to defend my property rights. The builder's subs also crunched up part of my driveway as he was bulldozing everything down. Now here is the big kicker; I have had my own survey and it seems the property lines are shifting, and not to my liking. Seems they are moving over towards my driveway, to the point I may end up with only a few inches on one side of my driveway. There is one iron pin in the front left corner of my lot and my surveyor put a stake about four inches into my other neighbor's yard. It looks like I'm losing some lot size. What gives here with losing land? I do have a plat of my lot. Can I sue the guy who bulldozed my fence without proper notification?

 

[seniorjudge]

What is the name of your state? North Carolina
Several months ago my parents' neighbors sold their home after living there 35 years. A few months before they moved out, the iron pin in the front right corner "disappeared" from the lot. The pin had been there as long as I can remember, and gave us about two feet on our neighbor's side of our driveway. The iron pin also disappeared a few months later from the back of the lot as well. I do have pictures of that pin that clearly show the location of that one. A builder bought their home and tore down their home as well as my fence that had been in place for 30 years . I have pictures to verify this also. His surveyor told me that my fence was two inches over his line. I was not given any notification the fence would be removed or the opportunity to defend my property rights. The builder's subs also crunched up part of my driveway as he was bulldozing everything down. Now here is the big kicker; I have had my own survey and it seems the property lines are shifting, and not to my liking. Seems they are moving over towards my driveway, to the point I may end up with only a few inches on one side of my driveway. There is one iron pin in the front left corner of my lot and my surveyor put a stake about four inches into my other neighbor's yard. It looks like I'm losing some lot size. What gives here with losing land? I do have a plat of my lot. Can I sue the guy who bulldozed my fence without proper notification?

Q: Can I sue the guy who bulldozed my fence without proper notification?

A: Yes; however, remember that the fence was not on your land and that you were trespassing. In other words, you won't win.

 

[JETX]

What gives here with losing land?

You can't lose something that you never had.... and you apparently never 'owned' that property you thought you did.

I do have a plat of my lot.

Plats mean nothing. Get a certified survey done.

Can I sue the guy who bulldozed my fence without proper notification?

Of course you can. After all, anyone can sue almost anyone else over almost anything. However, unless you can prove that the damages were done on YOUR property, you have no case as they can do anything they want on THEIR property... including remove your encroachment.

 

[rrroae]

On a side note, I know in Pa. that it is illegal to remove any survey pins, even with a new survey disagreeing with it. If I'm not mistaken, the burden of proof between the survey's is on the second survey performed if you go to court. Can anyone verify this?

 

[JETX]

On a side note, I know in Pa

Who cares WHAT you know in PA??? The OP is located in North Carolina... and last I heard, that was a completely different state than PA (and PA rules/statutes don't apply in NC)!!