As a homeowner, you may have to deal with two types of "driveway encroachment." The neighbors have done landscaping, etc. Check out Nextdoor.com’s online network for the area. The most important thing to do if you’re building a fence is that it doesn’t encroach onto your neighbor’s property. Imagine the unpleasant surprise of finding that you have a lot fewer square feet to sell than you thought, just because you assumed your neighbor’s fence was put down in the right spot. Adverse possession enables a person to gain ownership of land without buying it. I was using 2 feet of the property for 18 years, and now the neighbor … Zoning is R1. Don’t let a neighborly nuisance turn into a nasty lawsuit. What Is a Driveway Encroachment?. But the easement has room to move the road if it gets washed out or a portion of it sinks or becomes unusable. After you have looked over the survey of a property and realize there may be a problem, there are some steps you can take to get those items corrected. For many people, this could be true. As you can see, the process for buying land to build a house is quite extensive and not for the faint of heart. If your neighbor is unable or unwilling to remove the encroachment, but is otherwise open to resolving the issue, you may wish to consider selling the encroached-upon property to him. The other neighbor has her teenage daughter mow, and I'm guessing she mows what looks like the property line but isn't (we have a small evergreen that's about six feet inside the property line, and the girl eyeballs that instead of the larger line of shrubs just a few feet away when mowing their front yard). In 2001, the owner of Lot 8, the Harrisons, had the property surveyed and the encroachment was discovered. right up to the fence on their side. Generally speaking, people may be looking to avoid quick-growing, high-maintenance plants, those that make a mess and could draw complaints from neighbors, and greenery that could damage masonry and other home components. I first measured the marker between our properties and the next property to the south. The encroachment by my neighbor consists of feeding water runoff onto my property by a directed hose and pump, cutting six of my trees off at the trunks, pushing dirt and stones onto my property with a backhoe vehicle, and excavating 3.5 feet into my property. Find out how to handle: I'm interested in soliciting my neighbor to buy his/her property. The bad news is that the cabin itself is less than 500 square feet and sells for nearly $300,000, which seems reasonable only when compared with a sprawling $4.1 million property … What can I do since I have been keeping this land clean the past 15 years. Two neighbors have a easement across both our properties. My property was surveyed and found that neighbor's driveway was two feet ovet onto my property. Maybe include that you are asking a few neighbors in the community – that way, the neighbor won’t feel singled out or attacked. While your neighbors might mow the additional strip of yard on their side to be nice, it’s technically your job to make sure the grass is cut and the weeds are pulled. When you place a fence a few inches inside your property line, you can’t forget about the part of your property outside the fence! When you buy property, there might be a nearby landowner or business or someone else who needs access to portions of your land. It's not uncommon for neighbors to resolve an encroachment through the grant of an easement. One has a house which I believe was just rented on about 1.5 acres, and then there is about a 3.5 piece of bare land, with a well, and two completely worn and broken down greenhouses, as well as a few small storage structures. If someone is using your property, even a small strip on the edge, you should be alert to the risk. That storage building wouldn't pass in my locality. They really are spying on you, but you have no idea why. There are sidewalk easements that allow the public to walk in front of your property, as long as they stay on the sidewalk. ... but the road itself is only about 18 paved feet wide. A privacy fence is normally an all-solid structure made of vinyl or wood that serves to secure and seclude property from the rest of the community. Our properties share about 30 feet of fence line. Looking for a small tree, or large shrub, to provide privacy from a backyard neighbor, who built a large shed, with windows. If the other home was just a little more desirable to a buyer because they liked the paint colors better or they were highly-motivated to buy, and it sold for $178,000 with 1,350 square feet, then the price per square foot of that home is $132. When the owner of the adjacent property comes, he can do what he wants with it. That way, you get some money for the loss of your property and your neighbor gets to use the land without worry. Yesterday, we covered the basics of what a survey is and what information they contain, so today let’s talk about what to do when there are problems or issues with your survey. They may need to pass through your property to get to their own property or conduct business. This situation apparently existed for over 20 years. When he started working with the builder to lay out where the house and driveway would be, they found he would need an easement because his driveway would spill over onto the adjacent lot by a few feet… Imagine the unpleasant surprise of finding that you have a lot fewer square feet to sell than you thought, just because you assumed your neighbor’s fence was put down in the right spot. I mowed their side of the lawn all last summer after they moved in because they didn't have a mower & I guess they were too proud or shy to ask to borrow one. Disputes with neighbors about property right-of-ways are very common. Property easements come in many shapes and forms. An easement is a legal right to use the property of another person for a specific purpose. We recently purchased a home in Monterey Park, CA with a very large lot (for the area) of 24,000 square feet The lot is roughly 60 x 300. But if you are like most homeowners, you may not be aware of everything that can lower your property's value. All they have is an easement or right of way . Easements can be bought and sold. Surveyor marked my boundary with a steel spike, driven into neighbor's concrete driveway. A little-known rule of law says that if you use someone else’s land for a long enough period of time, you can actually acquire legal title to it. The biggest mistake I see people make when they buy real estate land is that they often get into a “house fever.” By house fever, I mean they fall in love with some aspect or feature of the property that they forget to ask some of the biggest questions. Anyone who purchases property is expected to make a visual inspection of the site. They may need to pass through your property to get to their own property or conduct business. We bought our house over a year ago, we just got our property surveyed and the neighbors are using a good 20-30 feet of our property on one side, even cut down big trees that are not on their property and cleared it a little and have a bunch of stuff such log splitter, wood, brick, dirt piles and etc. I have successfully lowered my property taxes for years in a row during the 2008-2009 financial crisis. This is giving us so much stress at the moment as we cant find any reference to a similar instance. The neighbors feel that since they've maintained the property on their side of the fence for 10 years- the law says they now own the property. An easement continues even after you sell the property. Case Details: At a certain point, the fence extends 60 feet into my property. There are driveway easements that allow access to your property in the form of a short road or driveway. While your neighbors might mow the additional strip of yard on their side to be nice, it’s technically your job to make sure the grass is cut and the weeds are pulled. But my wife and I just realized that their fence was built three feet onto our property. Maybe include that you are asking a few neighbors in the community – that way, the neighbor won’t feel singled out or attacked. Next, offer your help. Neighbor Law is more than a legal guide—it’s a practical book filled with tips on how to solve problems and restore good neighbor relations. The neighbors have done landscaping, etc. Install the car port in the front. My neighbors mow somewhat short & don't mow all the way to the boundary, so I always get a few extra inches to mow the approximate 100 feet length. Our homes contain too much wasted space. Purchasing a property in a neighborhood with homes of similar size and style will not only help you avoid antagonizing your neighbors, but it will also make the property more attractive for resale. In some states, it’s just a few years, but other states require up to 20 years or more. In 2001, the owner of Lot 8, the Harrisons, had the property surveyed and the encroachment was discovered. Your neighbor doesn't have a right to expand his house onto your property. So when looking at a house, be sure to ask around about who runs the show in the area. Home Buying - 3-minute read Emma Tomsich - May 11, 2021 Property lines are defined points that mark the end of one owner’s property and the beginning of a neighbor’s. 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