[jrgm13]

Someone next door bought the lot 80 foot wide and built a huge house about 5 to 10 degrees clockwise overlooking our yard . The first buyer cut down the hedge for a better view and now it's been sold again and the new owner assumes more of out property. Can they sell this house without establishing lot lines?
Thank you very much

[smoothy]

A smart buyer would insist on it... and have it staked... because it has occurred houses have been built improperly too close to property lines and even ON TOP of property lines... and that becomes the responsibility of the buyer.

[joypulv]

Where do you live that allows someone to build without a permit, and that means a plot plan with an inspector checking the property lines? You can go to town hall and they will help you with yours, with theirs, with the whole area, and you can find the boundaries yourself. If property lines are ancient (as they are where I am, a rock or tree or brook or even a long-gone fence post), you hire a surveyor. And if there is a dispute, which isn't uncommon, you go to court over where the line is.

[jrgm13]

A smart buyer would insist on it....and have it staked....because it has occurred houses have been built improperly too close to property lines and even ON TOP of property lines....and that becomes the responsibility of the buyer.

Now the county tells me that I'll have to pay for the survey, $700... just don't seem right to me.and that's just one side

[smoothy]

now the county tells me that i'll have to pay for the survey, $700....just don't seem right to me.and that's just one side

You can argue with that neighbor that's NOT where the property line is and make THEM have it surveyed and staked.

If you are sure WHERE the line is.. put a split rail fence (cheap and easy to put up) on it set back by the required amount... put the burden on THEM to pay and prove otherwise... and its easy to move the fence either way if your memory is proven wrong.

Otherwise if they come in and put up a fence on YOUR property.. that is known as adverse possession.. and it it open because of the fence... they could eventually argue claim to it and possibly win.


So two possibilities here... you pay, then put a split rail fence or something more permanent for a visible marker or fence that a small stake... or you make them pay to do it if they seem to think the property line is somewhere other than where they think.

Had some arrogant neighbors once that did something once too often that prompted a resurvey after many years... turned out the line was 10 feet further onto them than where we both believed it was.

That $700 might be the best money you spend this year... if you have neighbors like I once had.

[ScottGem]

The reason you have to pay is you did nothing when the house was first built. Had you fought it at the time, you might have gotten them to pay.

You can try what smoothy suggests, but you need something to show where the boundary is now to justify the fence.

[AK lawyer]

If you have to go to court, the cost of a survey would probably be a cost that you could recover, if you prevail in court.

[jrgm13]

In the spring we'll survey both sides as we are separated to the south by a hedge way on our side. We should have 133 and 2/3 feet and we're nowhere near that. So that will be double the cost. Thanks for the imput folks.

[jrgm13]

while I was in prison for a handfull of pot in Iowa.. the lady in an 8 foot wide trailer died and this land rich fella next to her with 2 lots bought this 80 foot wide lot and built a superwide house using 10 feet of his 160 feet and built this house without a survey and twisted 10 degrees... caught that from the new earth Google and I've posted about that... now another mess... there is a huge maple tree there and we had freezing rain last night and this old tree is rottin inside and it's falling... it's already laying on my wife's garage... but when this last huge branch goes , it will destroy this garage and a nice pine tree and my 8'x10' lawn mower shead... it's all made from heavy 5'8 plywood and the friends that helped me build it years ago are all dead. We have no home owners insurance because after over 25 years of paying, they denied a claim and we're broke. Am I going to get stuck with the thousands of dollars of damages?
any help would be appreciated.
we took pictures of the rotten core of the tree

[AK lawyer]

Is the tree on your wife's land or is it on the neighbor's land?

If it's on your land you had best figure out some way to deal with the eventual falling down of the tree. Either cut it, install guy cables, or move the shed.

If the land belongs to the neighbor, actually, it still might not be the neighbor's problem, but it would be a good idea to write the neighbor a formal letter demanding that the tree be cut down before it falls down.

[jrgm13]

Is the tree on your wife's land or is it on the neighbor's land?

If it's on your land you had best figure out some way to deal with the eventual falling down of the tree. Either cut it, install guy cables, or move the shed.

If the land belongs to the neighbor, actually, it still might not be the neighbor's problem, but it would be a good idea to write the neigbor a formal letter demanding that the tree be cut down before it falls down.

Sir, the tree is on the neighbors land... but it's huge... he told me that he saw this this morning but went to work and was looking for a chainsaw to take care of it... couldn't find one and I had no idea that it was like this untell about 5:00 pm... had I known, I would have bought a chain saw and provented a disaster. Heavy snow expected here tonight. I can't move my garage and shead... they are on concrete... and I still don't know where the proper lot line is.

Thanks

[AK lawyer]

sir, the tree is on the neighbors land....and i still don't know where the proper lot line is.

If it's on your neighbor's land, why are you confusing things by writing about lot lines?

It seems to me that you had better pray that it keeps from falling until you can find a chainsaw. And when you do, be careful; don't get hurt trying to cut the tree.

I may have been hasty in making my advice earlier. The general rule of thumb about trees is that if you live in a rural area your neighbor is not responsible, if you live in a suburban or urban area he is.

[jrgm13]

If it's on your neighbor's land, why are you confusing things by writing about lot lines?

It seems to me that you had better pray that it keeps from falling until you can find a chainsaw. And when you do, be careful; don't get hurt trying to cut the tree.

I may have been hasty in making my advice earlier. The general rule of thumb about trees is that if you live in a rural area your neighbor is not responsible, if you live in a suburban or urban area he is.

We live in a town of 600 people. The shead cost over $1000 an that's just for materials... contents are another $1000... the garage is well over $10,000... we've trimmed this tree to the lot line twice but it's breaking off about 20 feet from my shead on their property. The electricity just came back on and it's 1:37 am
Thanks

[AK lawyer]

Do you own a lot or is it "acreage" (i.e.: large size property; meets and bounds description; mainly unimproved property)? Same question regarding your neighbor/

[jrgm13]

Do you own a lot or is it "acreage" (i.e.: large size property; meets and bounds description; mainly unimproved property)? Same question regarding your neighbor/

the lots are 80feet wide and probably over 100 feet to the field. I'd pay you but I'm broke... the electricity came on at 3:00 am or so last night and I called the police and showed them the mess and they told this new neighboor that he'd have to pay for all damagesses if that rotten tree damaged my property and they were there at sunup and that problem is solved. The city councle says that he didn't need a lot survey and that's that... but since I'm a pot convict, I'm expected to follow every letter of the law... but now comes my revenge... LOL
Sorry that I can't pay you,
I'm ashamed to be a veteran

[AK lawyer]

... sorry that i can't pay ya,
i'm ashamed to be a veteran

Don't be. It is I who is indebted to you. Thank you for your service.

[jrgm13]

I'm ashamed to be an American veteran, sorry... but to continue by existence here in this redneck town... I'm to crippled up to move. Our home is paid for. It looks like these people bit off more that they can chew by buying this house... new pick-up, boat, 2 kids... and the kid is in with his family doing this welding work out of the buildings where they use to store circus stuff from long ago... I've been watching and there is the old man and his 3 sons. They've laid off all their help and I ride by there everyday and nothing is going on there. They're not making any money there. So could you tell me how to handle this lot line business when these people loose their big house? We've lost about 13 feet in lot width. Because the house is in there twisted, they just assume that our land is theirs. I can see them selling it again and we'll loose more of our lot. Our city councle is a bunch of idiots. Who know's who will live there next... I'm not going to pay for a survey.
Thanks,
I can't move to the Philippines because I'm a felon for pot


PS: we live in a town of 600 people... the shed is a small building on concrete and nothing is being done about the tree... they have no money... the tree is way on their lot but these huge branches that are still remaining will destroy my wife's garage and that shed if we get heavy snow as the tree is rotten inside.

Thanks for YOUR service here sir
They had the draft in my day.

[smoothy]

What do you do?. you read what was already stated... you pay for a survey and put up a really cheap fence (like a spit rail as a way to demonstrate where it is afterwards.. and to take back open and clear possession of what's yours. Then tell them anything they put up on your side they have 30 days to move.. or you will do whatever you want with it... including disposal.

And you would not even have to really give them a month... that would just being neighborly. You could make them do it immediately.

And if you have to pay to get it out... you sue them for leaving trash on your property.

[jrgm13]

Don't be. It is I who is indebted to you. Thank you for your service.

AK Lawyer:
You seem to be the smartest fella here so I'll try to explain this lot line and rotten tree to you again. It's been almost 6 months since the huge rotten maple tree on my neighbors lot had several branches break off causing three holes in the vinyl siding at the very top of my wife's car garage. The lot line just gave them some of our land. They didn't poison the hedge that was on our property, the previous owner did (it was blocking his view). My back is hurting more every day and I'm at my wits end here. I asked this young neighbor the other day if he had a ladder that I could use to climb up and put caulking over these holes on our garage (I fell with ours and it's now bent). He just says "no" and walks away. He's been telling us that he's going to get a tree trimmer to take down the rotten branches that will cause massive damage on our two buildings when they go, but it's been almost 6 months now and nothing has been done with the tree.
I know that his two brothers and father who started a welding shop in this little town are not having much business and they're having a 3rd kid. We have two very nice buildings made of treated wood, underground wiring, 5/8" plywood inside and out with vinyl siding and once they're flattened I know this guy is just going to walk away like he did when I asked him for a ladder to repair the damage to my siding caused by his tree. We live in a small town and I'm not one of the group, even though I've lived here about 30 years. I've got ptsd and I caught this neighbor throwing cherry bombs over what's left of my hedge. I finally flipped out over the next neighbors hunting dogs barking and threatened to shoot them after telling him to shut them up for years and I caught two of his friends poisoning my tree and two beautiful evergreen hedges in the middle of the night. My ptsd kept me up and I was lucky to have seen them. They were certified poisoned (the tree came back with massive amounts of water).
What can I do here about the tree that is rotten (that was obvious from the broken limbs) I don't have much money and it's his tree and a tree trimmer would need to go onto his lot. The smaller building is tall and I have lots of shelves in there full of belongings and a lawn tractor. I hope this explains my situation better. Our land is gone, on both ends, but I have the garage with a nice car in it and this tall building is filled with shelves and they're packed to the roof with belongings including a lawn tractor. I'm tired of the same old song and dance from these people. How would you resolve it? I can't afford a lawyer or a tree trimmer (and it's his tree).
Thanks a lot,
jrgm13

[joypulv]

For about $50 filing fee you can take him to small claims. You win that fee if you win. Then the trouble is getting him to pay. Make sure you take tons of pictures. Border disputes are always a hassle because even surveys can be different if done by two different surveyors.