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CarrieandRay · Jul 19, 2009, 07:19 PM

Do we have any recourse when the city's parking lot, which adjoins our land, is resurfaced?
At first we thought the lot was only going to be re-oiled so we didn't worry when a city employee said some of the matter would "spill over" a bit. The lot was resurfaced and several feet of our property, along with the surveyor's nails, are now covered with new asphalt. A couple of other city employees asked if we would like them to paint parking lines on our property for us. We told them no but are waiting to see what will happen tomorrow.

Can we ask the city to have the property lines re-nailed or marked in some other way?
Thanks for your help in this matter.

CarrieandRay · Jul 21, 2009, 08:33 PM

I guess it doesn't matter anymore. The city took four feet across the entire back of our property.
One man from the city we talked to said the city plowed it every winter as if that made it right. We told him we owned the property for 14 months and this last winter we were the ones who removed the snow. No big deal to him.
The second man we talked to said it was just a little bit of property. We don't consider four feet just a little bit. When we told him that he said he'd look into it.
As far as the surveyor's nails go, he said they're under the asphalt and can be found if they're ever needed.
You can't fight city hall.

smearcase · Jul 22, 2009, 03:00 PM

You can fight City Hall. You might need a lawyer or intervention by a councilman or even a state representative, but you should do whatever you possibly can or who knows what abuse they will lay on you next. I don't know the particulars of your situation but if conditions are as you stated, some folks are way out of line. Go to a public council meeting with as much documentation (hopefully including pictures) before hiring a lawyer. Maybe you can get attorney fees too butthat varies from one area to the next. If the nails were accurate, they proved your case that they were trespassing on your project. I worked for a State Highway Div. and most of these landowner complaints were valid (90%). People know about their property lines, drainage, where fences should be etc. Good Luck!

Fr_Chuck · Jul 22, 2009, 06:55 PM

The city can not just "take" four foot of anything. In fact you can sue and demand they remove the mateial off your property.
I would use an attorney, but you have them send a letter, and he will most liekly advise you to have the material removed and sue for that cost.

Now if they want to take property for a purpose, they will have to take you to court