Property dispute

[acmb05]

What is the name of your state? Tennessee

I bought a house last July at Foreclosure auction. Going by the county tax website that I was given my property line is approximately 12 feet on the other side of my fence(give or take a foot).

Now for the problem. A guy across the street owns the property next to me and claims that my fence is the property line. When I bought the house there was a lot of junk and a few old cars on the property along with an old flatbed truck with a car on it on the outside of the fence. I had every thing taken off the property by a scrap hauler. I gave it all away and gained no money from it. 6 months later the guy across the street filed a stolen vehicle complaint with the police. He claims the truck was on his property but the map I have says it is my property. I have had the cops here twice now asking me about the flatbed truck and car on it. The police said he could sue me in civil court for the cost of the truck.

I want to know if I am going to be responsible to have a property survey done or if he would be responsible for that? The cost is over $1200.00 and I just don't think I should have to prove it was my property if he sues me. I think he should have to pay for it to try and prove it is his property.

 

[FarmerJ]

Your paying for a survey then adding permanent markers to mark the lot line if survey backs up what you were told when you bought it will help you when you tell the court that you cleaned up your property. Its hard to say how the court would decide BUT having that survey is vital other wise any claim you made that it was part of the abandoned mess by previous owner might not be believed. Having a survey MIGHT help you too when you decide to sell some day. (especially if the survey showed your lot to be alot bigger than you thought and not just a foot or so )

 

[acmb05]

Your paying for a survey then adding permanent markers to mark the lot line if survey backs up what you were told when you bought it will help you when you tell the court that you cleaned up your property. Its hard to say how the court would decide BUT having that survey is vital other wise any claim you made that it was part of the abandoned mess by previous owner might not be believed. Having a survey MIGHT help you too when you decide to sell some day. (especially if the survey showed your lot to be alot bigger than you thought and not just a foot or so )

Guess I'll have to suck it up and pay the $1200.00 or maybe more for the survey. I agree it would be good to have for no other reason than to have it when I go to sell to show size or property. What gets me is he is claiming it was a running vehicle and worth more than it was. I have pictures of everything from when I posted my ad to get rid of it and it has a dang tree growing into the floorboard.

 

[acmb05]

Update

Was gonna post this earlier and just never got around to it. I had the survey done ($2300.00 because they had a heck of a time finding stakes and getting the County easement figured out) It clearly shows the property in dispute is mine and I actually own a little more than I thought (5 more feet) So being the nice guy that I am I went over and cut a bunch of trees and shrubbery down to make a clearer path for me to put my fence up.

In the middle of cutting the cops show up and tell me that I am trespassing and that I would need to stop what I am doing( he did not know I had the survey done) So I show the police my copy and explain that the markers clearly show my property line but since they are already here I would like them to issue a no trespass warning on the neighbor to stop coming into my yard or cutting the grass. I also gave him a letter stating that I wanted all of his things off of my property in 30 days or I will dispose of it. I sent him one CRRR also which he has not picked up from post office yet, which is why he did not know about the survey.

Now mister nice guy wants me to give him more time to get the 1000 or so blocks removed because he can't find enough help to get it done in time.

Since I do not want any hard feelings from any one I explained to him that I was only trying to protect my interest in my property and that nothing I did was really for spite. I have offered to get two of my workers to help him if he is willing to pay them for their time which he is willing to do. I also told him that if he had just come and talked to me before doing anything that I am sure we could have worked this out differently and that if he has any problems in the future not to hesitate to do just that.

 

[seniorjudge]

Good luck...sometimes people don't know when they have it good.

You are being way too nice, but, whatever...

 

[Alex23]

It's good to know that there are some nice neighbors still out there.