Property line matters and pending legal

[jhalpert]

What is the name of your state? Minnesota

My wife and I purchase our home about 6 months ago. We’re dealing with a retaining wall matter the neighbor claims is ours and it is on the property line. The retaining wall runs between the back yards of our property and the neighbor’s. We’re taking care of that retaining wall issue separately however in the process of that we are discovering that the neighbor only has 3 feet of property between their home and the property line and their side porch and sidewalk are about 3 feet onto our property and so over time they have widened the amount of space between their home and the property line. What’s funny is they want us to be responsible for the retaining wall they benefit from since they are 6 to 7 feet below grade yet where our homes meet they are clearly over the line. I actually suspected this before we began research.

We were told by contractors and surveyors that we could only make the neighbor take out the sidewalk since they had that build within the 6 months we’ve been living in our home because we’d be disputing it in a reasonable amount of time. But we were told that we can’t make them take the porch down or move/adjust it because it was there before we moved into the home and we don't know how long it was there. Since we're going to arbitration re: retaining wall, the sellers probably wouldn't be of any assistance as to telling us how long the porch has been there and why they permitted the neighbor to build the porch on their former property.

We have not indicated to our neighbor that we know they are on our property at this time. It is our wish to build a 6.5 foot tall fence around our yard because of 6 months of constant hounding about fixing the retaining wall and harrasement up to and including calling us late at night on numerous occasions to have company and or over night guests move their vehicles from in front of their home. Dispite the fact that it is a public street we complied and maintain diplomacy. It is obvious that there was a lot of baggage between the sellers and our neighbor and now we’re the new target for this neighbor.

Were the people wrong when they told us we can’t make the neighbor take their porch down, move or adjust it and that we could only make them move the side walk? We were also told that if we can’t make them take anything down from our property that we could use anything on our property. Because we’re harassed so much and bite our lip at saying anything we daydream about being a pain once pending legal issues are settled including painting the porch blaze orange on our side of the property line just for spite.

Thanks,
JH

 

[pojo2]

Spite is just a way of turning your neighborhood into a living hell with no one getting a better deal to live with. Show some maturity in this matter.

For my area that retaining would have to be moved, if yours to 5 inches WITHIN your property, if theirs then 5 iches within theirs.

And there is also a limit placed on how tall a fence can be and you would exceed that as well.

In addition if that part of the property you consider to be yours, is built on and has been there many years, you might just lose out there too.

Have you check YOUR local ordinances conderning these issues or too busy building up "spite"?

Did you know that 2 feuding neighbors can turn property values around them downward not to mention their own?

 

[BelizeBreeze]

What is the name of your state? Minnesota

My wife and I purchase our home about 6 months ago. We’re dealing with a retaining wall matter the neighbor claims is ours and it is on the property line. The retaining wall runs between the back yards of our property and the neighbor’s. We’re taking care of that retaining wall issue separately however in the process of that we are discovering that the neighbor only has 3 feet of property between their home and the property line and their side porch and sidewalk are about 3 feet onto our property and so over time they have widened the amount of space between their home and the property line. What’s funny is they want us to be responsible for the retaining wall they benefit from since they are 6 to 7 feet below grade yet where our homes meet they are clearly over the line. I actually suspected this before we began research.

And where was your realtor BEFORE your purchased the house? In any event, if the wall is solely on your property then it is yours to maintain, tear down or do whatever you wish with.

We were told by contractors and surveyors that we could only make the neighbor take out the sidewalk since they had that build within the 6 months we’ve been living in our home because we’d be disputing it in a reasonable amount of time. But we were told that we can’t make them take the porch down or move/adjust it because it was there before we moved into the home and we don't know how long it was there.

And, of course, these contractors and surveyors are also attorneys right? The fact is, they are not correct. What they are referring to is 'Adverse Possession' and a full review of all relevant facts would need to be undertaken before such an opinion can be given.

Since we're going to arbitration re: retaining wall, the sellers probably wouldn't be of any assistance as to telling us how long the porch has been there and why they permitted the neighbor to build the porch on their former property.

Then sue their asses for non-disclosure if this matter, in fact, was not disclosed on your closing papers or contract for sale. If it was, then why did you wait until now to do anything?

We have not indicated to our neighbor that we know they are on our property at this time. It is our wish to build a 6.5 foot tall fence around our yard because of 6 months of constant hounding about fixing the retaining wall and harrasement up to and including calling us late at night on numerous occasions to have company and or over night guests move their vehicles from in front of their home. Dispite the fact that it is a public street we complied and maintain diplomacy. It is obvious that there was a lot of baggage between the sellers and our neighbor and now we’re the new target for this neighbor.

Most of this is irrelevant.

Were the people wrong when they told us we can’t make the neighbor take their porch down, move or adjust it and that we could only make them move the side walk?

They were wrong to give legal advice without a license to practice law. Whether or not you can force them to take down the porch is a matter of fact for a judge to make.

We were also told that if we can’t make them take anything down from our property that we could use anything on our property. Because we’re harassed so much and bite our lip at saying anything we daydream about being a pain once pending legal issues are settled including painting the porch blaze orange on our side of the property line just for spite.

If you own the property then you have certain rights. BUT, to tell you what those rights are would require a full study of all documents.

The suggestion now is to first look at your closing documents, the contract for sale and speak with your realtor and his Broker about why (if the case) this matter was not disclosed PRIOR to the sale.

THEN, unless you are required to go to arbitration because of your local, state or contract law, send your neighbor a demand letter certified (RRR) demanding that all encroaching items be removed from YOUR property within 10 business days from receipt of the letter or you will proceed with legal action to enforce your property rights against illegal encroachment.

 

[jhalpert]

Spite is just a way of turning your neighborhood into a living hell with no one getting a better deal to live with. Show some maturity in this matter.

For my area that retaining would have to be moved, if yours to 5 inches WITHIN your property, if theirs then 5 iches within theirs.

And there is also a limit placed on how tall a fence can be and you would exceed that as well.

In addition if that part of the property you consider to be yours, is built on and has been there many years, you might just lose out there too.

Have you check YOUR local ordinances conderning these issues or too busy building up "spite"?

Did you know that 2 feuding neighbors can turn property values around them downward not to mention their own?

Yeah, thanks about the spite advice. I'm not an award winning author so I couldn't communicate that I'm kidding but frustrated just the same. That was the reason for the emote icon " "

I can build a 6.5'' fence in my city.

JH

 

[jhalpert]

And where was your realtor BEFORE your purchased the house? In any event, if the wall is solely on your property then it is yours to maintain, tear down or do whatever you wish with.

Our realtor is actually helping us with pulling our arbitration matter together. He realizes he's in a pinch because he was our proxy at closing with the seller. So he's helping a lot actually.

And, of course, these contractors and surveyors are also attorneys right? The fact is, they are not correct. What they are referring to is 'Adverse Possession' and a full review of all relevant facts would need to be undertaken before such an opinion can be given.

No, they are not lawyers but they have more experience with these matters than my wife an I. This is our first home so we're learning as we go along with all of these matters. In our case we're learning a very hard lesson and the cost of replacing the wall would negatively impact the value of our home if we needed to sell it today.

Then sue their asses for non-disclosure if this matter, in fact, was not disclosed on your closing papers or contract for sale. If it was, then why did you wait until now to do anything?

We are kind of, through arbitration for nondisclosure and we're asking for them to replace the wall.

They were wrong to give legal advice without a license to practice law. Whether or not you can force them to take down the porch is a matter of fact for a judge to make.

I agree since we see them as a kind of "professional" of sorts. So we did take it at value.

If you own the property then you have certain rights. BUT, to tell you what those rights are would require a full study of all documents.

What documents?

The suggestion now is to first look at your closing documents, the contract for sale and speak with your realtor and his Broker about why (if the case) this matter was not disclosed PRIOR to the sale.

Yep, we have and there is nothing about the retaining wall mentioned, actually there are 3 on the property - none of them are mentioned on the closing papers, the sellers disclosure forms, and these walls are not even mentioned on our inspection paperwork.

THEN, unless you are required to go to arbitration because of your local, state or contract law, send your neighbor a demand letter certified (RRR) demanding that all encroaching items be removed from YOUR property within 10 business days from receipt of the letter or you will proceed with legal action to enforce your property rights against illegal encroachment.

Seller/buyer agreed to binding arbitration on closing documents. The comments on the retaining wall are greatly appreciated since it is confirming actions and research we've been conducting.

Here is a new question. We're currently trying to find a CC&R on our home and our neighbor's home. We're looking for this on the deeds at the county property office. In anyone's opinion... would a CC&R trump a survey if the wall were found to be on our property but on the neighbor's CC&R from when the house was built in 1947? Or is this again something that is arguable? If the wall is on our land but belongs to the neighbor according to CC&R's we'd probably overlook the issue with the neighbor encroachment matter. In short we'd like to not own the wall, but if we do and can make the seller pay for the replacement then we'd like to make sure we recapture our land from the neighbor.

On the property line matter: I'm assuming we can send the RRR (it doesn't have to be a lawyer) and if the neighbor complies good for us and if they don't then deal with that if it happens? We really wish we could afford a lawyer, but with the arbitration fees and such it really eats into our budget.

Thank you!
JH

 

[jhalpert]

Again, I live in Minnesota.

I understand the number of years for adverse possession in MN is 15 years. Is the burden of proof with the squatter or the land owner? Also, doesn’t adverse possession apply to the whole land and not just a piece of it? So I’m actually dealing with an easement adverse possession?

Thanks,
JH