neighbor using our land......

[tiggger1]

here is some background...

my neighbor died about 5 months ago. we woke up one morning to find a ton of fire trucks and police nextdoor and a few hours later a hurst...he lived alone and we only saw him a few times a month... after the funeral the house was dark for about 2 months...

a few months ago, there were people there everyday cleaning out the house. this went on for a few weeks. then people cleaning the yard.

last month people were there replacing the roof and the porch.. we thought that a family member must have bought the house because there was never a for sale sign or anything...

while we were on vacation last week, a man showed up, and told my brother that he was the neighbors brother and before they could sell the house they needed to replace the spectic system and needed our signature before they could put in the leeching field because it was too close to our property lines...
my brother told him he needed to wait to we got home from vacation. we got home Monday night.

yesterday morning hubby goes outside and comes back in a little upset. apparently they started digging up the septic and all they dirt and trees they took down are piled on our land. not even a little but almost the entire 20 foot high pile is about 10 feet on our side....Our land is almost 4 acres and is 180 feet wide in the front... it gets wider as you get to the back lot line.. the neighbor has a small fence the separates the yards ( it looks like it should be his land because its really close to his house but is is really a second lot we own)

hubby is upset that they didnt even ask if it was ok to use our land. yes we werent home but we havent even met the this land
the thing is that we dont even use that part right now, its mainly trees.. we dont mind signing the variance as long as it doesnt effect us putting a garage there..but now hubby is mad and doesnt want to sign it...what if something happens to them while they are on our land.....


would you complain or let it go.....

 

[DawnCt1]

here is some background...

my neighbor died about 5 months ago. we woke up one morning to find a ton of fire trucks and police nextdoor and a few hours later a hurst...he lived alone and we only saw him a few times a month... after the funeral the house was dark for about 2 months...

a few months ago, there were people there everyday cleaning out the house. this went on for a few weeks. then people cleaning the yard.

last month people were there replacing the roof and the porch.. we thought that a family member must have bought the house because there was never a for sale sign or anything...

while we were on vacation last week, a man showed up, and told my brother that he was the neighbors brother and before they could sell the house they needed to replace the spectic system and needed our signature before they could put in the leeching field because it was too close to our property lines...
my brother told him he needed to wait to we got home from vacation. we got home Monday night.

yesterday morning hubby goes outside and comes back in a little upset. apparently they started digging up the septic and all they dirt and trees they took down are piled on our land. not even a little but almost the entire 20 foot high pile is about 10 feet on our side....Our land is almost 4 acres and is 180 feet wide in the front... it gets wider as you get to the back lot line.. the neighbor has a small fence the separates the yards ( it looks like it should be his land because its really close to his house but is is really a second lot we own)

hubby is upset that they didnt even ask if it was ok to use our land. yes we werent home but we havent even met the this land
the thing is that we dont even use that part right now, its mainly trees.. we dont mind signing the variance as long as it doesnt effect us putting a garage there..but now hubby is mad and doesnt want to sign it...what if something happens to them while they are on our land.....


would you complain or let it go.....

I would call my lawyer and explain the situation. There is the issue of use of land without permission, liability issues, infringing on your property with a leaching field that might limit the use of your property in the future. I would seek a cease and desist order immediately until you can fully investigate the potential impact that this could have on your property and ultimately your family.

 

[froglady]

I was involved in a property dispute, and it's not fun. The boundary problems went back for years, long before we purchased the house, but previous owners on both sides "let it go."

I would speak to the neighbor and also send written notification that he has encroached upon your property, and you want the situation rectified ASAP. Give a reasonable, and if possible, mutually convenient, date for removing the debris. Politely, but firmly, let him know that if the debris is not removed by a certain date, an attorney will become involved. At this time, you should notify your Title Insurance Company, just in case your neighbor has a reason to believe that the debris is on HIS property.

If he has no reason to think he has a right to put the debris where it is, it might be considered a tresspass, and he might be subject to a fine.

I would strongly suggest that you NOT treat your property rights lightly.

 

[froglady]

I would call my lawyer and explain the situation. There is the issue of use of land without permission, liability issues, infringing on your property with a leaching field that might limit the use of your property in the future. I would seek a cease and desist order immediately until you can fully investigate the potential impact that this could have on your property and ultimately your family.

Dawn, I forgot to mention that in my post. That's what we had to do.

I don't know about the OP's county, but around here, NOTHING can be built over a leech field, as it's unstable, and the land is potentially subject to contamination. We were advised that cars/trucks shouldn't even drive over it. Any wells, water lines, etc also have to be a certain distance away.

This would definitely affect future land use.

 

[The Mystery Machine]

I would speak to the neighbor and also send written notification that he has encroached upon your property, and you want the situation rectified ASAP. Give a reasonable, and if possible, mutually convenient, date for removing the debris. Politely, but firmly, let him know that if the debris is not removed by a certain date, an attorney will become involved. At this time, you should notify your Title Insurance Company, just in case your neighbor has a reason to believe that the debris is on HIS property.


I would strongly suggest that you NOT treat your property rights lightly.

Amen! When it comes to property there can be ALOT of "weird rules" and you need to take it seriously.
Time does matter in these situations, inaction on your part can be an issue to a judge if it comes down to that.

 

[olena]

At the very least, get this stopped with a restraining order or injunction from a judge. You may also want to consult a real estate attorney to make sure that your usage of your land is protected.

 

[momof2inPA]

Come on. Just walk over and ask the guy when the pile will be removed from your property. From your explanation above, it sounds like he might not even realize it's your property and not his. Maybe suggest that he have a survey done before you sign the variance and that they stake the area that he'll be using for the leach pond. Then you can better know what the damage might be, although it does sound like it could interfere with a foundation for a garage.

 

[Lisa loves Pooh]

You can file with the court if you like.

I would definitely get a survey--but unless he was permitted and was entitled to use any easement (we have an easement surrounding our property--so workers needed to do something--would be entitled to use it when necessary--like the utilities companies or something like building a fence.

My mother just lost a portion of her land--it was theirs but the neighbor encroached years ago. As far as selling her home--she had to sell it without it--even though it is deeded to them and not the neighbor. Time is of the essence--so she has agreed to deed that portion to the neighbor. Don't know what has come of it.