Neighbor trying to knock down our fence

[LBIJim]

Nope, no sale nor easement on the needed land. Stand your ground. If you sell the land outright or sell an easement, you're looking at trouble for years to come. He's likely to continue causing problems.

Get a good real estate lawyer and make sure the builder restores your land to its original condition. Then if he can't afford to complete the work in the proper way, TS for him. If he abandons what he started, have your lawyer and the city get on his case for creating a hazard. If sounds like your city might not have the, ah, guts, to get too deeply involved, however.

As for the nosy neighbors, they can either chip in to pay for the work he needs, or close their curtains and ****.

Jim

 

[Procrastinate]

I would definitely consult with a lawyer before selling off part of your property. I am not sure that could legally be done where I live. There can be a lot of restrictions on things like lot size and utility easements running along the property lines.

 

[Hrhpd]

OP, you really should speak with a lawyer. Public legal advice comes in two forms: bad and worse. None of us know all of the facts and even as a real estate lawyer I could not give you sound advice without complete review of all factors involved.

Some basic considerations on the sale versus easement (this is assuming that you elect to do nothing which, based on what you have presented, seems to be a pretty good option unless you have potential liability for erosion on your property.)

If you decide to sell the buyer would be responsible for plat, survey deed and all costs. However, if you have a lien (mortgage) on your property you are most likely required to notify your lender who, in today's world will not likely approve the sale of a portion of the asset. If they did it would likely require you to pay them all of the proceeds. You should also consider tax consequences including real estate tax consequences.

In general, an easement in this situation is probably not the best course of action. You would maintain the underlying title but permit a permanent structure to be built on your property. That would mostly render the property valueless in the future but now you would have the added liability. No matter how strong the provisions contained in the easement (indemnification and hold harmless) you still can and will be sued if a problem arises (or could be responsible for maintenance and improvements.) What if the neighbor (current or future) is unable to pay? Bankrupt? Are there environmental concerns and possible penalties and fees? Again, if you have a mortgage your lender would need to approve and it is unlikely they would do so.

Get a lawyer.

Quoting this because it is the sound, good advice you need to follow.

Get a lawyer. Today.

I also have to agree that this was probably completely planned. It is the ask for forgiveness rather than permission type thing. He wanted the house where it is sitting. He needed your property to do it. So he went ahead and built the house, thinking he could either bully you, or if that did not work, manipulate you into giving in. Ie; The house is built, he "needs" your land. So, you "need" to help him out here. Even the engineer is falling for it. And he is manipulating the neighbors.

You have absolutely no obligation to help him out. If he is an experienced builder, he knew exactly what he was doing.

Stick to your guns and call a lawyer. Also, if you have a mortgage, I would call the company ASAP and let them know what this guy is doing to your property. As Sanchez said, they probably wouldn't allow you to give or sell a part of the property. But they need to know what is happening. For all you know, they may hire the lawyer to protect their asset.

 

[Hillbeans]

I am selling my home and just having a basic Utility Easement in my yard for buried cable and power lines is causing me headaches, good luck ever being able to sell your house with a 7 Foot Easement in the yard that is questionable.

Get a lawyer, it's really your only option at this point.

 

[Pamlur]

No, No, and No. Run, don't walk, to a very assertive attorney; make very sure this assertive attorney is 100% in your corner. And do not sign your name to anything.

 

[thebutlerdidit]

Selling part of your property sounds like a bad idea for future resale, don't do it, please. Stick to your guns, demand what is owed to you. I think going to the mortgage company might be the way to go. They definitely have plenty of lawyers working for them. As for the other neighbors, we'll they are not your problem, the builder is!

 

[Pamlur]

I keep wondering, whose engineer thinks you should "do the neighborly thing and let him have the property"? Is it the city engineer??? If so, he needs to be reported to the mayor or somebody high up. A city official just doesn't suggest something like that.

 

[lynxstch]

I keep wondering, whose engineer thinks you should "do the neighborly thing and let him have the property"? Is it the city engineer??? If so, he needs to be reported to the mayor or somebody high up. A city official just doesn't suggest something like that.

He does if he's getting some kind of 'kickback' from the builder. I don't know that he is..just saying

 

[sonnyjane]

Agree! Stick with your guns. Do not sell, do not give! If the neighbors are upset, that's one less person you wave to when you walk around the neighborhood. If they care so much, as someone else said, THEY can pitch in to help him!

 

[lsyorke]

I keep wondering, whose engineer thinks you should "do the neighborly thing and let him have the property"? Is it the city engineer??? If so, he needs to be reported to the mayor or somebody high up. A city official just doesn't suggest something like that.

I was thinking the same thing. There is NO WAY I would do anything to help this guy out! He created the mess, tried to get you to pay for it and when that didn't work he wants part of your property? NO WAY.

Let he tear down what he's built, illegally, and start over. The town dropped the ball on this one also and I wouldn't take that sitting down. As for the neighbors...words that can't be posted on the DIS!

 

[Poohbug]

I believe the city engineer may just want this all to go away. The city really messed up on this one. Where were the building inspectors? You always have to build so many feet from the edge of the property line, why wasn't this caught earlier.

As an alternative to the retaining wall, he can always knock 7 feet off that side of the house, it should not have been built there in the first place. If a person was up for a lawsuit, I think the city and the builder would be in trouble.

 

[bcla]

I believe the city engineer may just want this all to go away. The city really messed up on this one. Where were the building inspectors? You always have to build so many feet from the edge of the property line, why wasn't this caught earlier.

As an alternative to the retaining wall, he can always knock 7 feet off that side of the house, it should not have been built there in the first place. If a person was up for a lawsuit, I think the city and the builder would be in trouble.

I'm thinking he may not have gotten a permit.

 

[Scrap4me]

I have been following this matter closely and you have done absolutely nothing wrong! You were protecting what is yours!

You have been given great advice by everyone! A lawyer is a must. For a case such as this, any great lawyer will take this on in a heartbeat. You may have to pay an initial consultation fee- talk to the lawyer to work out an agreement to pay the fee.

Second...as a previous poster stated....call your mortgage holder! Immediately! Ask to speak to their attorney. If they balk at providing the information, tell them that the property that they have a vested interest in (yours) is being stolen by an overzealous house builder. This will raise a red flag and will eventually get you to the right person.

Persistance is key in all of this. Keep a record of everyone you speak to and what date and time. Even the city.

Go back to the city or your local permitting authority. Request a copy of all permits that were issued to the builder. You can also request a copy of all inspections done on the work. This information is public and they can not refuse to provide it! Once you have this in hand, you will see for yourself if a retaining wall permit was issued. Plus, if inspectors did not sign off on work, you have everyone on record for failure of procedure.

This is going to be a headache for a while, but you will survive and come out on top! You are DIS Boards tough!
Stick to your guns, do not give or sell....keep you property and make him replace what he has taken........

Keep us all posted.

 

[*Flower*]

I just can't believe that the twit thought that he could bulldoze you into this mess and make you think that it's YOUR fault!!!

Don't give up anything- and document everything!

 

[JusbKoz]

yep! Good advice!

I have been following this matter closely and you have done absolutely nothing wrong! You were protecting what is yours!

You have been given great advice by everyone! A lawyer is a must. For a case such as this, any great lawyer will take this on in a heartbeat. You may have to pay an initial consultation fee- talk to the lawyer to work out an agreement to pay the fee.

Second...as a previous poster stated....call your mortgage holder! Immediately! Ask to speak to their attorney. If they balk at providing the information, tell them that the property that they have a vested interest in (yours) is being stolen by an overzealous house builder. This will raise a red flag and will eventually get you to the right person.

Persistance is key in all of this. Keep a record of everyone you speak to and what date and time. Even the city.

Go back to the city or your local permitting authority. Request a copy of all permits that were issued to the builder. You can also request a copy of all inspections done on the work. This information is public and they can not refuse to provide it! Once you have this in hand, you will see for yourself if a retaining wall permit was issued. Plus, if inspectors did not sign off on work, you have everyone on record for failure of procedure.

This is going to be a headache for a while, but you will survive and come out on top! You are DIS Boards tough!
Stick to your guns, do not give or sell....keep you property and make him replace what he has taken........

Keep us all posted.

 

[Iamthequeen]

Ok, here is my advice from a land use perspective. Before even considering selling him a portion of your property, (don't even consider "giving" anything away!), you need to check what the zoning regulations are regarding lot size, lot width, setbacks, and maximum lot coverage are for the zone in which you are located. You may not even be able to comply with the zoning regulations if you subdivide a piece of your property. For example, if your lot size is 20,000 square feet and your lot width is 80 feet and those are the minimum requirements for your zone, you would need a variance to make your lot smaller. Also, taking 7 feet from your side property line would mean your house is 7 feet closer to your new property line. Does this violate the side setback requirement? The setback is the minimum required distance your building can be to a property line.

Just because the builder was stupid enough to "think" he knew where the property line was, the building inspector should have checked to see that he was building on his own property by checking the survey markers. That is, if the builder even got a permit. Its obvious he didn't have an approved erosion and sediment control plan.

You got good advice from Sanchez - find a good attorney who is experienced in land use law.

 

[DebbieB]

I wouldn't do anything, don't give away your property. It's his problem, not yours. Let him figure it out and return your property and fence to its original condition.

 

[It'sWDW4me]

Wow... just... wow! So his original intention was to take your land and have YOU pay HIM to do it!! What nuggets this guy has.

Nope, don't sell, grant an easement, or even entertain the thought that you have ANY culpability in his mess. It's all on him.

I'm agreeing with everyone - how on earth did he build what he's built so far without ANYONE from the town inspectors pointing out to him that he's not within code? Who is he paying off?

 

[disneydee6]

I must agree that you NEED a lawyer at this point. I also very much agree that getting some of your property by taking over didn't work, so now he's trying to manipulate you into selling. This man has shown that any interaction with him will be unpleasant and UNNEIGHBORLY! If you chose to sell, you are dealing with further interactions, further underhanded moves, and further attacks. I suppose he forgot to mention to the other neighbors the eye sore he CREATED on YOUR property?!?! This is the kind of man he is, and you should not give into his manipulation (And if there is one thing that manipulative people are good at, it's using MANY DIFFERENT ANGLES! He won't stop there! He will try many different ways with different people to get what he wants!) The law is on your side! You have every right to say no! Use that right! Stay strong OP! Get a good lawyer!

 

[cabanafrau]

The guy is a builder. He likely had plans when he toured the property as a buyer. Unless I miss my guess, this lot was available because of this issue, probably at a discount. He went forward with the intention of taking the excavation to the point of no return, hoping OP would give in, or ideally assume responsibility for most/all of the cost of his plan, really upping his return on investment for taking a chance on this piece of property.

There has been lots of well meaning, logical advice in this thread, however at the end of the day the reality is the only way OP is going to get her interests protected is by retaining a skilled professional gun for hire that is working solely in her interest. These types of things commonly go on for years with the aggressive party hoping to outwait their opponent. No doubt most of the financial responsibility on the builder's end is shifted onto his business, not something he shares personally. A well timed bankruptcy filing could leave OP holding ashes, while the builder in fact prevails in the end.

The municipality & its police force are going to do what benefits them in the end, not OP. The mortgage company is not going to send in house counsel to protect OP's interests, matter of fact she may face unintended consequences herself. Hiring a good attorney now is the best way to keep OP's costs down in the end.