Encroaching Neighbor

[Therecanbonly1]

What is the name of your state? Pennsylvania

I purchased my house 6 years ago. The previous owners never had a survey done. Recently I started having various problems with my neighbor and he began planting things 1-2 feet past where HE claimed the property line was. I just had a survey done and it turns out that not only is everything he planted in my yard; but so is part of his driveway! I am trying to decide what the next step to take; if any is. I want to be the bigger man and offer to let him move his trees/shrubs somewhere onto his property rather than just pull them out (which I know I have the right to do). His driveway sits on 16 square feet of my property (it lies on an angle to the property line. Is this enough of an encroachment to make an issue of? I was thinking of having a lawyer write up a letter stating "Remove the trees and either sign this easment letter stating that your driveway is on my property or I will be over shortly with a sledgehammer and remove it myself (It is asphalt, so removing a corner of it will not damage the whole dirveway)" Am I heading the right direction in having a lawyer write everything up or would a letter from me suffice? Thanks.

 

[matti422]

Please do not resort to self help here. It rarely works in your favor.

Issues to contend with - how long has your neighbor had the driveway on your property? How long has his driveway (regardless of who owned it) been there? Statute of limitations for adverse possession in PA is 21 years. If the driveway has been there for more than 21 years (as well as some other tests), the property may (MAY) belong to your neighbor under adverse possession laws.

County records should show if anyone knew of the error in property lines if he has been there more than 21 years. Otherwise, you need to file suit to quiet title. If I were you, and found the driveway had been there less than 21 years, I would - very friendly - share the results of the survey with him and let him know that he currently has permission to occupy this space until you settle the land title. This can keep your claim against adverse possession if the clock rolls over the 21 year mark while you determine the land titles.

Repeating, though - DO NOT RESORT TO SELF HELP. This will not help you get the title straightened out and will only annoy your neighbor(s).

 

[Therecanbonly1]

By self help, do you mean writing the letter myself, having a lawyer do it, or demoltion and tree removal?

The driveway has existed for a long time (before I bought my house - could be 35 years. He recently (within the last couple years) had the driveway resurfaced and I believe it is wider now. I didn't know where the property line was before; but he has a fence (which is also slightly over the line) which the corner post, I believe, was at the edge of the driveway previously. The driveway now extends about 10 inches past the end post. My deed states that the property is mine and I purchased the house 6 years ago; wouldn't he have had to make a claim to the property prior to my purchasing it regardless of how long the driveway was there? I am paying the taxes on this piece of land; not him...

I forgot to mention that my property is supposed to be a sub division of his property (according to my other neighbor who has lived there 50+years - which occurred before the current resident owned it) the surveyor said that would make a difference.

There currently is no "very friendly" relationship with this guy. He was verbally harrassing my family and I threatened to press charges if it continued and at that point the verbal stopped and the plantings began; causing my need for a survey.

 

[matti422]

By "self help", I meant the sledge hammer and tree removal. Feel free to write a letter, but the attorney is probably your best bet - you'll need his/her help in quieting the title. Sounds like there are issues if the driveway was widened beyond the boundary. It doesn't matter too much if he was the owner prior to the subdivision unless he sold lots with an encumbrance on them to allow his driveway (doubtful, but something too be looked into at the county records). It's more important if he needed some sort of easement over your land in order to reach a street. There are sticky issues in there - a lawyer would be recommended to quiet title. You may not get the driveway moved, but you might be compensated for the land he is occupying.

 

[Therecanbonly1]

Thanks. I am hoping to speak to a lawyer this week. The driveway crosses the property line at the top (furtherst point from the street). Basically it looks like this (if these 2 lines crossed) - //l. His driveway intersects the property line 3/4 of the way up ant then moves across. I honestly want to be the bigger person in this dispute and not try to force him to rip up part of his driveway. I just want to be sure he signs something stating it is my property and it will be rectified by (set a date - say 5-10 years).

Interestingly, while I have not heard a word from him in at least 5 months, he called out to me as I was taking out my trash. He reeked of alcohol; but said he wanted to appologize for everything he said to me over the last year and wants to make sure his coments and actions do not make things worse. He had his son over for dinner, and I suspect the conversation went something like:

"Hey, Dad, looks like the neighbor had a survey done"
"Yeah, I think he's moving or something. I can't believe he had the nerve to have the guy put 2 metal nails into my driveway."
"Uh, Dad, you realize that means that you are on his property and he can make you rip up the driveway..."
"Oh, SH^&. Really? I guess I better appologize before that happens. I'm such a moron! (OK he probably did not say the last part. )