Moving UPDATE pg 4. Neighbors built a cement wall that's over our property line.

[floridafam]

Now what? We had our surveyor come back out and he confirmed that the wall is over our property line.

Should I call code enforcement?

Is there anything we can do?

My DH is MAD!!!!

Plus, they drove cement trucks on our lawn to pour the wall. They could have crushed our septic tank.

 

[danacara]

I assume preexisting relationship with the neighbors is not good?

 

[winniedapooh]

I say call, especially if they drove over your septic tank. Who knows what they may have done to that! You don't want problems months down the road with no recourse.

 

[Timster]

I say go talk to them and see if they are up to being nice.

If not, I suggest plastic explosives.

 

[gallaj0]

Have the surveyor mark the property line, and tell them to remove it.

Putting a "fence" or improving abutting property is the first step to legally taking it for themselves. I think the correct term is by "eminent domain" but that may just be when a govt. body takes land.

In Massachusetts, if you have fenced in and "improved" (for at least 10 years) a piece of property abutting yours, you may make a legal claim that it is yours.

Also, if the surveyor lets the bank know, they may not give you a mortgage.

Have the septic tank checked and pumped out, you should always move into a house with a clean tank, so you know when it was done last. If there is any damage, get the neighbors to pay.

 

[Beauty]

Just for future relationship, how far over your property line is the fence?

 

[floridafam]

Can they just leave the wall there? I can't imagine what it would cost to take it out.

It's a cement wall that isn't finished being poured yet. There is about 4 feet of rebar (spelling?) sticking out of the cement.

I just can't believe they did this. We bought the house and the previous owners moved out about a month ago. The neighbors probably took that opportunity to put the wall in.

Can we make them by the property that the wall is on from us?

Sorry, I'm a little upset. I'm on the phone with code enforcement as I sit here. Of course, they are swamped from the hurricanes.

Ugh!

 

[Microcell]

Just for future relationship, how far over your property line is the fence?

I would approach positively because you could live near them for a long time. If you really can't live with it because they took four feet or something, I would really try to be nice because maybe it was an oversight. If it is inches I would not consider it worth it.

 

[floridafam]

Just for future relationship, how far over your property line is the fence?

It's not just a fence. It's a cement wall. I can't help but wonder who goofed. They would have had to get a permit for the wall. Did our city goof up and give them a permit for something they knew crossed our property line?

Or do they just not care?

 

[DisneyDmbNut]

i am in West Palm Beach...they should have had to pull a permit for the wall..if they are outside their property line, the Inspector "should" make them tear it down...if you give them that space, it will become theirs...CALL THE BUILDING DEPARTMENT!

 

[floridafam]

I know we could just let it go. We would never do anything like this.

They were also supposed to get our permission to drive the trucks on our lawn and didn't do that.

Why be so nice if they had the nerve to do this?

My DH wants them to take it out or buy the land of ours that they used. They basically broke the law.

 

[DisneyDmbNut]

This is tough,,you ARE going to have to live with them...tell them that you are going to have the septic tank checked and any problems with it is their responsibility ( or the cement company)

 

[Beauty]

Before blaming them I would make sure that the truck company isn't responsible for driving over your property. Sometimes there are IDIOTS out there that work for companies like that. It may NOT be your neighbors fault and could very possibly be the fault of the cement company!

 

[danacara]

I also wonder, how far over the line is this fence? Three inches, three feet, thirty feet? To me it would make a difference. Also, you're going to have to live next to these people. Your kids will be riding bikes past their house. It's to your benefit if you can salvage this relationship if at all possible. You're mad right now, but the last thing you need is World War III with the neighbors. Do you think they were maliciously intending to steal your lawn?

 

[Keli]

I think you guys are being quite fair in this since you are willing to let them buy the land rather than just forcing them to tear the wall down. I would follow through on this and also get my septic tank inspected.

 

[Microcell]

I had horrible relations with former neighbors so this is a sore spot for me as well, and really it ruined our time there and was the cause of our last move- it was move or I don't know what I would have done to those stupid basketball playing at 6 AM kids next door!! They wrecked our fence driving trucks on our lawn (to lay the basketball court outside our window). I took pics and called police and they did little or nothing.

I guess I think if you approach it as "There must have been some sort of oversight..." you could start at least a civil relationship. That way YOU can enjoy the house still. Really the house was ruined for me because of the neighbors, from the beginning.

 

[stinkerbelle]

Before blaming them I would make sure that the truck company isn't responsible for driving over your property. Sometimes there are IDIOTS out there that work for companies like that. It may NOT be your neighbors fault and could very possibly be the fault of the cement company!

if this cement company was hired by the neighbors, then yes, it's the neighbors fault for allowing it.

when we have things delivered, we don't let delivery trucks drive over our neighbors yard or block their driveway or anything like that.

 

[Jasminesmommy]

Wow a Cement wall you must of really pee'd in there wheaties. That will make your property Value go down. I would have them remove it and then find out what company they used and tell them they need to fix your lawn and take pictures of the tire tracks. Do something know so you don't run into problems later.

 

[castlegazer]

You must address this immediately. You already are by what you are saying in talking to code enforcement, but you need to talk to your attorney too. You probably had one for closing - hopefully.

This is a major problem that if not rectified immediately will become even more major. They also tresspassed which you can then bring them to court about separately. They need to have an easement to bring trucks onto your property, which they didn't have.

This can be handled more ammicably, believe it or not, with an attorney as your go between. That way you aren't confronting them directly.

It is absolutely worth the expense of an attorney because when you go to sell, you will see huge expenses trying to rectify this then - it is your problem then and you will definately have to recitify it then. Do it now and save a lot of legal bills later.

 

[Beauty]

Okay maybe I'm stupid but why would a cement wall next door make the property value go down? Heck I would love to have cement fences on either side of my property. That way theres no chance of anyone watching us in the pool or on the trampoline or having a party etc.