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    mrdogood's Avatar
    mrdogood Posts: 1, Reputation: 1
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    #1

    Feb 14, 2012, 03:33 PM
    Land dispute
    10 years ago my neighbor sued and won the owner of the house that I own now. Apparently the former owner built a garage and installed a leach field on the neighbors property. The property was sold to the above owner and when he found out about the property line he sued and won the leach field and garage. This house has deeded rights to maintain the leach field. The driveway is shared and he owns the entire garage.
    Recently he approached me about signing my home over to him in case I die. When I said no he tried to get me to put my property with his and we would sell it as one property and buy a place together. When that didn't work he tried to give me a reverse mortgage for the amount I paid for the property. Stipulating he would pay x amount every month till the total was paid off do all repairs during this time that needed to be done and when I died it would be his.
    I suffer from a severe brain injury and I'm 62 years old. I feel this is clear case of taking advantage of me. We no longer talk. Today I had a survey done and he came right out to ask what was going on. He spoke to the surveyor but would not even look at me. The surveyor marked the boundary and we walked the 2.2 acres. He pointed out that the neighbors garage was partially on my property. What can I do about this. Since he is a nasty man I'd love to make him take it down, but can I?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Feb 14, 2012, 04:01 PM
    So, if I understand you, The neighbor sued the previous owner because the leach field and garage that the previous owner built was partially on the neighbor's property. The neighbor won that suit and was awarded the field and the garage.

    Were property lines redrawn as a result? Or was a easement issued. If theither is the case, your surveyor is wrong. Even though the garage may be partially over the line, it may not be because lines were redrawn or it doesn't matter because the neighbor was given an easement.

    So I doubt if you can win any suit over this.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Feb 14, 2012, 04:02 PM
    So, if I understand you, The neighbor sued the previous owner because the leach field and garage that the previous owner built was partially on the neighbor's property. The neighbor won that suit and was awarded the field and the garage.

    Were property lines redrawn as a result? Or was a easement issued. If either is the case, your surveyor is wrong. Even though the garage may be partially over the line, it may not be because lines were redrawn or it doesn't matter because the neighbor was given an easement.

    So I doubt if you can win any suit over this.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Feb 14, 2012, 07:12 PM
    It appears that the surveyor was not given the entire story about the previous lawsuit.

    I am curious regarding why the neighbor is so anxious to make some sort of a deal. It might be a good idea to have an attorney take a look at the entire situation.

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