@@SIedgeHammer83 god this is sad to say but probably true. I'm a very mild-mannered white guy and consider myself meek. Let me just say I adore Asia's and the Pacific Island's culture of sensitivity. I have yet, in my many years, to meet an east asian or pacific island american who is ugly or unkind. What's crazy to me is it has zero to do with race or religion, but everything to do with culture. Raising one's kids with sternness but also kindness above all else.
if she puts anything on your property or has anything on your property, I would contact a lawyer and file to sue. It's your land, not hers. It's simple, "get off of my property."
I had a similar situation when I bought my home 20 yrs ago. My next-door neighbor was an elderly attorney who sent me letter after letter demanding I do what he wants along the property line, claiming I was encroaching on his property. I had the property surveyed (they had to survey the entire block as there were no survey stakes nearby). Turned out 6 inches of his driveway were on MY property. He saw the survey being done and survey stakes that were placed along the side of my property. I never heard another peep from him!! 😂
She's the type of person who will sue you if something happen with that gas line, "because it was on your property". There are people who view a nice person as a target.
one side of the story, this guy could be doing anything then recording calmly after. probably not but , but been caught with these videos before not being what they seem.
I'm a retired Licensed Land Surveyor and heavy construction survey engineer. You can stop adverse possession by sending a certified, notarized, receipt requested letter to the party in dispute granting them permission to use your property until such time as you tell them to cease and desist. Adverse possession is based on a number of years without interruption -- the clock must run continually. Granting permission stops the clock. Never, never purchase property without a legal survey.
I see your avatar and you look like a land surveyor. Had I seen your avatar on any other video that had nothing to do with land or surveying, I would look at that avatar and say "that guy is probably a land surveyor"
@@coreyclarke1604 "Most" doesn't matter, it is state specific and one shouldn't be giving legal advice without knowing better. Because it is NOT 20 years in MOST. Additionally, MOST states do no require payment of property taxes. If, you are east of the Mississippi, then your statements may be true. But in some states, the term can be as short as 5 years.
If I were a licensed surveyor, I probably wouldn't be offering legal advice. Although there are general requirements, every state may vary in particular ways.
You should really get her to move those utilities they're on your property. At some point you're going to need to service that retaining wall and have to ask her for permission to move the utilities. In essence you're granting her an easement.
You should purge the wall on the other side and put in a drainage basin to the property line. It stops her from building on it and will eliminate the runoff issue. You don’t want to direct it to your residential wall or it will cause issues in the future. Why not take advantage of the excess land. And have her remove those utilities or you can be liable or loose your section of land where they are
This is the perfect solution because it's the cheapest solution and easiest. The only problem would be the utility line but that would need to go through court to get fixed and could easily get very expensive. This is why i don't live in the "city" anymore. Rural life does not involve stupidity like this
This is exactly the solution, it will teach her ass a lesson and when they dig it up, you already got your trench started. Her big mouth is gonna cost her.
If you let the utilities stay on your land, you are effectively granting a utility easement. Also, as a someone else commented what happens when you have to service or re-do the retaining wall.
@@aboveitall9600 That's an idea to sort of painlessly push the problem into the future. One problem would be that you are still paying real estate taxes on your entire property, including the leased portion. Good luck getting them to pay of share of property tax on that part. I would rather deal with it now.
Do not be “nice” that is how bigger problems arise. That Gas line is on your property and you have to be careful with someone using your property. Specially for utilities.
Report her to the department of buildings and tell the utilities they need to remove her gas lines from your property. Eventually she will encroach on your land and claim it as her own, adverse possession. Don't back down and play nice she definitely intends to take advantage of your kind nature.
my neighbor did the same thing, right after I bought my house he tried to build a fence that was 5 feet onto my property... not 6 inches... 5 feet! I had a surveyor come out and mark the land and sent him a letter from my lawyer and he removed his fence immediately...
As a former lawyer in Ontario with tons of real estate experience, I can tell you off the cuff that if your neighbor paid for half the cost of the retaining wall but it is on your property, and the deal was made with the builder, this contract doesn't survive the closing of the transaction and bind you as the owner. So basically, you do not have to reimburse her for anything. There is no privity of contract either. Also, as for the chain link fence, if you wanted to you could take it down and install it on the 6 inches or so of your property which sits on the side of the retaining wall sitting beside your adjoining property line (the part she is using and believes is hers !) That way you get maximum use of your space. You'd have to deal with the utility lines which were improperly installed on YOUR property by contacting them to have them remove it. I think you don't want to leave this situation as it is because it might create problems when you go to sell if a buyer were to ask for a survey and find out this information. No one wants to buy a property and find out that half a foot is outside a retaining wall and for all intents and purposes being used by your neighbor who has installed utilities on it. You could negotiate to sell off the 6 inch strip to your neighbor as well. You'd need a real estate lawyer to handle all this and all your legal costs should be covered by your neighbor as part of this process. If you don't do anything about this situation, this creates a potential easement being created - yes adverse possession, over time. You did your research on this. You should not allow this to happen. You should keep in mind that your builder created this mess for you ... and screwed you up... so if you are in Ontario, you can bring a claim against him "Within" 2 years of discovering the facts of this situation . Different limitations acts apply in other provinces (or states). Go see a lawyer about this because this is a mess that you should deal with. I'd have a lawyer send a demand letter to her to have the utility lines removed from your property and I'd put the builder on notice. The builder sold you this property with the implied understanding that the retaining wall was on your property or shared equally with the neightour straddling yours and the neighbors' property. That would be a rational expectation. It is a breach to have a retaining wall built sloppily losing 6 inches of your property in the process. I'd make a deal with them that they have to rip the shit out including the fence and rebuild it with the fence on the extreme end of your property line and the retaining wall properly situated.
I understand this is an older post. But I still highly I recommend you research the water act and the watershed act in your local area. For anyone else dealing with such matters - If the property you purchased was recently built I would make the builder or contractor correct any watershed issues. Because it is illegal, in most if not all municipalities, to force rain run off onto someone else's property. It is why you see retaining pond(s), aka "retention pond" on some larger developed properties. Otherwise the property could not handle heavy rain run off now that it has been developed and it could cause problems and/or damage to neighboring properties. I personally had to deal with this when a builder was putting up a new house on the vacant property next door to us. They were forcing their rain run off on to our property and using our drainage system vs paying for and building their own drainage system on their property. Our drainage system could no longer handle the extra rain run off and with a heavy rain storm, it would flood over 10' of our yard along the full length, some 200 to 300 feet long, of the property. DID YOU KNOW? One inch of rain on 1,000Sq Ft roof can yield over 600 Gallons of water. Now think about an entire house, parking lot and sidewalk - any and all hard scape. Where is that rain run off to go - now. All this and more was an eye opener for me when I had to deal with this type of situation. Good Luck to everyone who has to deal with this kind of thing.
Absolutely right! Even building a single family residence, it is your responsibility to comply with the Stormwater Management act. The back yard is a rock cliff? That's not your neighbor's problem when it rains, that's YOUR problem. In my area, paving that space between the houses wouldn't have even been allowed without a completed Urbanization and Stormwater Runoff Survey. You would have needed a complete drainage system around the property during construction and likely connected to a drywell system at that back corner of the property to catch and direct excess water. Then, you would have to pay to connect it all to the city's stormwater drainage system. If you have diverted excess water to the neighbor's property and it causes flooding, you would be liable.
Most builders and fence companies do not place them directly on the property line. They typically keep those onto the property to avoid any future issues like what you are experiencing.
As a surveyor, they just place the fence wherever they’re paid to. They don’t care. In fact, most home owners pay to build their fence well beyond their own property in my experience, especially into the right of way. I’ve seen fences off by over 10’.
You have to take extreme action against her. She's already been aggressive and set the stage for how she's going to approach it. Do not let anything slide.
You have to come hard at this woman! I had something like this happen to me. My new next door neighbor back hoed my whole front yard up thinking it was hers. She was going to remove my grass and replace it with a beautiful various color rock and boulder collage. I contacted an attorney and she advised me that I should stop her immediately and make restore the yard to it's previous grass or else after a few years she could attempt an 'adverse possession' claim on my yard because she made a substantial improvement to it. The earlier you fight the better for you! Don't wait until she is done then try to officially complain, because the judge may ask why didn't you say something when it first happened.
@@forthefunofit3230 ---> Yes, she had her gardener use a back hoe to scrape off the top layer of my entire front yard. I came home and all my mature bushes and grass was scraped off. A real 'Holy Shit!' moment.
*The easiest and quickest way to resolve the problem of her retaining wall is to offer for her to sign a lease for that particular section of the wall for a specific amount of years, if not, she must remove the encroached portion of the wall. This way the lease is a continuous acknowledgement that it's your property and you are not giving up any of your legal rights to that property. With a lease agreement, she can't ever claim Adverse Possession in the future because she had the wall on your property for a specific amount of continuous years (time varies by what state you're in) and therefore claims it as her own as the law allows. In the lease you can also add in that she is not to add anything else to your portion of the property*
I agree with some of the other viewers that the demarcations need to made clear. Before your neighbor goes too far with construction, have your attorney get a cease and desist order from the court, present it to her, and correct the encroachment on your land.
I was a survey’s assistant. It was fairly common for a neighbor to get mad, start a dispute, causing a surveyor to clarify the property line. It was common for the angry neighbor to end up with less land than they thought.
This is why in my county of Texas… I don’t know if this is a state of Texas thing. But when we bought our home, which was already built, the previous owner had to have the property resurveyed. And it’s expensive. We were then notified through the process of purchasing it, that when we put in new fencing, because the fence is old… The county requires that the property line be surveyed again. Where I live in Texas a property survey is about two to $300, but they do this requirement, for this very reason… Because over the years property owners can sneak the line over and over… And if the other property owner doesn’t care, or they are elderly, these things can and will happen.
$300.00 is cheap. Wife and I purchased property up here in Pennsylvania. We put up a deposit, contingent on getting a survey. The seller told us that it would cost about $500.00, which is why she did not get one. We paid over $3000.00. After the survey we found that one property line was 25 feet north of where the seller said it was on the north end and 75 feet south of where she said the south end was.
The gasline running through your property could be a liability issue in future. Let's said that line leaked gas one day, cause fire damage her building, but the leak is on your land.
You’re absolutely correct you should always get a survey. I don’t know what state you live in though in any state I’ve ever done any work in the property owner is responsible for any damaging drainage issues. Once you direct that water to the street, it becomes the cities problem but water drainage issue on private property is the property owners problem, and they can be held liable for damages. It’s a good thing you’re taking care of that. I’ve seen many cases were just putting a fence in, a vinyl fence, especially, can interrupt the flow of normal drainage and cause peoples yards to be completely flooded. All the damages are the responsibility of whomever built the fence. So I would definitely continue with the drainage you’re doing.
I had a similar problem. I finally paid good to have my property surveyed and found my neighbor was 12 inches into my property. Long story short, I demolished everything and made him move his car port over to his side.
Agreed, she set the tone. I'd call the city and have them shut off any utilities on your property. She would have to pay to have those utilities rerun and reconnected which could easily be well over $6k. That would be a start of showing her that you are done with her Karen attitude.
@@triforcelinkYes. That's the only thing someone that acts like that ever seems to understand. This is going to be a situation that won't end until she is directly challenged. Wait too long and she'll potentially gain a legitimate claim to the land. While I very much understand the sentiment of not lowering to their level, at the same time people like her tend to know the typical person doesn't want drama, so she WILL use that to her advantage up until she can make a claim that this guy did nothing to stop her.
😂😂😂!I believe you have handled this situation courteously! i have heard many situations like this!one story was about a woman that also tried to claim beyond a fence line only to discover from surveyors that she was wrong.. and had even built a driveway well beyond the real line! She continued to harass the true owner.. making complaints til he finally made an agreement for her to pay $20 a year to rent that tiny bit of land of which the lady couldn’t take it anymore and moved house!
Just so you are aware, it's entirely possible that she has her own survey done with a different surveyor and that one may come to an alternate conclusion about where the property line is. Most of the time the difference may only be an inch or 2. However some times there can be a significant gap or overlap. It often depends on how accurate the original parcel was surveyed as well as when the subdivision happened. Many cities (Jersey City comes to mind) have terrible issues like this and it can lead to costly legal problems. Don't pay bottom dollar for your survey people. You get what you pay for.
I agree, his measuring from the corner of the building may be flawed as there is no way to know if the building was done precisely in the correct spot.
I’m a surveyor and as long as there are monuments at the corners, it doesn’t matter. If the surveyors do their jobs correctly and find these monuments, the monuments hold over official record. Due to random errors, of course their measurements will be slightly off, but it’ll be so small it should be negligible. Also, I agree that measuring from the building ain’t the greatest/most accurate solution, but may be enough to get her to back off so he doesn’t need to hire a professional which can get expensive.
Makes sense that the wall would be on your property. it appears that it was built by the builder who build your property, and it primarily benefits your property (allows you to have a level walkway back to your pack yard) so under those circumstances such a retaining all would normally be built completely on your property.
Depends on where you live but in some states you can't go dumping flows onto an adjoiner and certainly not concentrated flow. With the paved areas and no mention of where you are or hydrology, I'd be careful following advice that it's legal to drain flows onto an adjoining property. In some places that is absolutely illegal.
In California a perscriotive easement is only for shared use. So my neighbor can travel over the 6 inches on her side of my fence because it has been that way for over 90 years. She may not put any structure on my property as it is no longer shared. She did this to establish a gate post on my property. Even if the gate post was placed on my property 80 years ago I could remove it. This is different from most other states. Another example is that my childhood friend's house was built on orchard land and the horse stable behind had built stables on my friends parents land. His parents wanted to put in a swimming pool and had a survey run. The survey showed that barns were about 20 feet on his parents land!. The Barns were removed and the required fence for the pool wentvon the property line. In that same neighborhood we lived on a 3 acre Orchard. A driveway went between the two roads without a gate. Thus people had gained a prescriptive right to travel over the driveway.
Because of the adverse position law, I suggest you rebuild the wall on the boundary and remove her gas services from your land. If you don’t, she WILL claim the land as hers.
usually, in most municipalities, if you put a wall or fence up, it's suppose to be within a certain amount of inches or feet of the propety line. it may vary from place to place.
My neighbor pulled up bushes and grass on my property because he thought it was his land. I told him that mistakes happen and just to restore it. He did. She doesn't seem reasonable, so don't give an inch.
As other person said if that line needs to be serviced and if there's a problem you become involved and if you ever do sell won't that be a problem for buyer.
Whenever a property is built there is always a survey done to define where the property lines are. There are people who will buy a house then have a new survey done trying to get parts of the land bordering their property. I had been living in my home since I graduated from college and I had ne neighbor who moved into the home in back of my house about 10 years later. they had their home renovated and added on some rooms and a second floor. I built a fence around my back yard because I had a pool put in and required a fence by law. I gave the fence guy my survey to work with in order to install the fence. The new neighbor came to my front door to tell me it's not a big deal but my fence was a foot into his property after they had a survey done. I looked at my original survey which was 30 years old and the fence was exactly within my property. I don't know where these people get off having a survey done when there are existing surveys telling them exactly what property they own. They try to steal your land if you don't have paper work to back it up
Before anyone demands someone move any utilities you might want to check the dead for the property. Most properties have a five foot utility easement on all sides of the property.
@@binchen-realestatesimplifi2143What happened? Has She come to her senses or is she still a pain about wall? I pray you can live in peace and have no financial burden from this in Jesus Christ's name Amen 🙏 ♥️
You are absolutely correct! I get that you want to get on with her well, but it seems from what your saying she isn't playing nice... and you are doing exactly what I would do! fight back, be kind, and take back ownership of your area... she could steal a portion of your property!
Around here (Western WA sate) the downhill neighbor has to accept the flow of water as it's travelling a natural course. But one cannot change the grade to redirect runoff. Lots of lawsuits anyway and I've seen million dollar homes under construction stopped cold due to neighbor lawsuits and investments written off and construction halted for years and eventually sold to highest unsuspecting next owner. It's sad people can't get along and find a workable solution with such limited time alive.
If you are in North West New Jersey best Professional Land Surveyor is Richard Smith PLS. In NJ every land transaction requires a new survey. Even a Refinance. It is not this way in every state. A lot of states will allow an existing survey. New Jersey is more particular on requirements.
As you show your viewers, it’s always wise to be knowledgeable about Real Estate terminology & state property laws in order to deal with such issues. Time is money, the headache she brings, that lady would definitely have to use your Attorney as point of contact. It’s way too much to deal with.
That is why a survey update is necessary when ever things change hands. People assume things without knowing I had an issue with a driveway the neighbor claimed a shared driveway was hers. The survey show it was not on her land and she had to have her driveway cut.
I am very thankful that easements here aren’t common and rarely handed out. Also the county I live in has every single property clearly defined and you cannot change them without jumping through massive hoops. You have an easier time splitting a property than changing a boundary.
If someone puts anything on your side of the property line it is called encroachment which is illegal. In this guy's situation even though his next door neighbor started the bad relationship it would be "taking the high road" and let the gas line stay put. But he needs to have any wall or structure that extends beyond the property line removed or there could be issues in the future for him or the next owner if he should sell.
Thank you for sharing. This is extremely informative to me! Question for you, could you technically lease that section of the land, where her gas meters is installed? charging her a monthly or yearly lease ?
I’m surprised that the utilities company did not confirm land ownership before installing gas line. I think this would be prudent going forward in the future as there, potentially, could be huge issues. You explain your situation very well, easy to understand, simply makes sense. On another note, I truly believe that every home sold, no matter how many times, should mandatorily be given blueprints with detailed explanation of boundaries. Thank you 🇨🇦🤗
If she were to use that property without complaint from you, for a reasonable time, she would legally own and even sell that property. I was shocked to find this out from an attorney in California. You have to make it clear or lose your rights and property. You did the right thing by getting a survey. And by being nice.
Seen where water flows down hill and lower neighbors complained that his pond was flooding their yard when it rains. When in reality unless the pond is completely full to top it would actually reduce the water running downhill. And if the pond is completely full it still not going to increase the flow going downhill.
She should realize it benefits her to let things lie the way they are and accept the fact that you own the land six inches beyond the footing of the wall and just enjoy the fact that she benefits from the wall and fence you have installed upon it. That wall is a construction necessity for your home given the terrain contours so it's not like she can have an existential issue with it since she bought her house knowing an adjacent house was either already there or would be there one day. She ought to just let things lie. Happily accept the fact that you own the wall and will have to maintain it out of your pocket. When the day comes for that wall to crack (and it will), she can send a letter to you advising you that it is in a state of disrepair and threatening her home. She holds the power here if only she'd open her eyes. She enjoys your features without any of the cost or liability. You may want to mention that to her.
I wouldn't give her anymore power over him. Yes he owns that wall and is now responsible to maintain it. She's the Type to intentionally damage it just to cause him trouble! She's a Karen! I hope she comes to her senses and develops Some humanity. May he have peace in Jesus Christ's name Amen 🙏
I'm an active land surveyor in San Diego and I don't know how stuff works where you live but that has to be the most bare bones, half assed survey I've ever seen. A real survey has to have distances & bearings on every single line, call out previous maps that created that lot, easements called out and most importantly FOUND MONUMENTS to point out the limits of the property. Where are the physical monuments? You can't just do a "paper" survey and pull a measuring tape from the corner of the house 😂
Illegal encroachment can become permanent if not listed. (In most cities). In my neighborhood a house took up 3 ft of the neighbors yard for a parking pad. 10 yrs later the 3 ft now belongs to him and the neighbor lost yardage
She now has to get an easement for her gas lines .. thats on your property. And you owe her nothing. IF she did pay for half the wall. And the contractor didn't put it where the surveyor said too.,then she will have to sue her contractor, not you.
IANAL, but you can also prevent adverse possession claims (and prescriptive easement claims) by expressly granting permission. "I assert that this property is mine, but I allow you to build your gas line on it.". This takes away the "adverse" component necessary for the neighbor to establish the claim.
Should have a full meet and bounds performed in advance of purchase. See if it is already on file in the records department. Buyer beware, many properties are not oriented to the property but sometimes to the street or surrounding structures. Be informed before you purchase. Especially if in a flag lot or there are utility boxes on the land.
this is happening to me as we speak . Alot of headaches with lawyers etc.... and worse part is neighbor has not touched his land in over 15 years and this year he decided to extend drive way which encroached on my properety over six inches plus contaminated my land with crushed stone 3 feet into my side of the land
It sounds to me the surveyors and the builders are responsible. First, the ladies property should have an ingress and egress, not exactly sure what the code is in your area, but just say 3 feet on minimum. If your property line is even 6 inches more on her side, wouldn’t that decrease her ingress and egress even further? I think you both should fight the city / county for this F-up. They should remedy this and have to pay for the correction.
I don’t get why folks argue against the clear documentation. Good for you for getting the survey. I would actually set posts at the ends of the property to set some visual lines. Then I would set up a fence from end to end and simply claim my property back. If you wait till you have to sue her it’s will be a waste of time and money, be practice.
8:09 as i understand if someone encroachment on your land, you can tear it out. Lets say someone put up a fence over the property line, its on your land you can take it down youve got the document with proof its yours. But her adding a gas line under 6" of your land stops you from laying drainage tiles below the wall. Where they should be.
4:05 The survey from the foundation corner is typically from the main structure not including a coating surface or siding. A way to check how this is being surveyed is to measure the total distance between the two neighboring foundations and compared that with the summed total on the plats of the foundations to the property line. Any difference will likely be a coasting thickness or siding. This is also a simple check for errors. When I was growing up my dad said it was typical when putting up a chain link fence to put it centered about a foot on to your own property to make it clear who owns the fence. That is likely a bit sloppy and you are still responsible officially for taking care of that land. In this case it was made very clear the masonry wall was part of the plat by having an additional half foot of property extending past it. I doubt the masonry wall is a structural retaining wall. It probably doesn't need to be. A typical masonry wall supports vertical and minimal horizontal loads. A retaining wall is made to resist hydrostatic horizontal pressure like a dam. Unlike a dam, retaining structures can make use of tie back structures.
USGS uses a benchmark that has a number stamp on it, this number represents the elevation (from mean sea level) of the terrain at the benchmark. On private residence they (city) use a nail imbedded in the curve from this benchmark you can use a transit to find the direction and with a 100 foot steel tape find the distance of your property. With some cities there is still a 2 foot distance from the sidewalk towards your property that belongs to the city, that is why the fire hydrant is on your property.
You've built up your property higher than hers, and right behind your property is a hill. The runoff has to go somewhere and should have been considered during construction planning.
You are right about Adverse Possession. However, she can still claim the part of your property that has the gas lines, unless you address the issue to her and ask for it to be corrected. You need to address it to her via text or email, or have a bailiff or sheriff deliver her a letter asking that she move her gas line onto her property, as well as any of her existing structures such as retaining walls. This needs to be in writing, so she cannot ignore it.
You can not let water,either rain or runoff, go onto your next door neighbors property. If the contractor had hired a professional land surveyor and a engineer. They would have created a little ditch up against the wall in the asphalt that would have run water runoff down the drive way to.the street..
There may be yard drains along that wall also? That drain to street. We don’t know? I’m sure builder used surveyors and civil engineering! How else do you get permits and site approval? I’m in Fl. So things might be different where I am! But nothing here gets built without both!!
Adverse possession is real. Thats why you need to defend every inch. As for your run off issue, i probably consider adding long aluminum L channels to help divert the water spill towards the street. The cost is reasonable ( they come in 8ft lengths, easy to screw down, and sealable with clear or black silicone.) it should cut your liabilities should your fights escalate. Some mitigation is the bare minimum you need to do.
The city should be sued for allowing construction there in the first place WITHOUT addressing the proper disposal of storm runoff. The "deals" made between a builder and a neighbor doesn't mean beans if the papers weren't filed.
I wish my neighbors were "chill" like you. You better keep an eye out for that Karen neighbor because people that have bad attitudes usually resort to violence. Stay safe.
Its always better to go through life being nice to others but when they cross the line its time to put your foot down. I hope she gets it and this doesn't lead to a lawsuit but hey if it does ill have more content haha
Best to resolve now. Fully. Before she goes ahead with her dev. And that includes the gas lines. Those lines give a purchaser (of your property) an extra option to cancel a future sale. .
In regards to the gas lines, the utility companies are given easements to do that so not much to be done there. I would definitely watch her closely, I bet she tries to put that fence on your property.
Exactly this issue in my mother’s house in Barbados. Wall was built inside boundary and when house next door was built, whoops they built against the wall. Luckily our lawyer sorted it out
The sad part is that some towns will not allow you to put the fence on your line. It has to be X amount of feet away from it. Yet, some states have laws where if you care for property (cut grass for example) then after so many years that piece becomes yours. Luckily, I knew about this so any time I buy property, I ask the neighbors ahead of time if they are okay with a fence directly on the property line that has been legally surveyed and marked. Never had one say no. The fence off the property line is really dumb and most notable in NC with HOAs. I saw so many new homes with fences and a 3-6 foot gap between them with trees, high weeds, trash all kinds of nasty things growing in there because it was a space sandwiched between two privacy fences.
Boundary disputes are the worse. You HAVE to protect your property. My house is to close to one neighbors property. It’s been 40 years so I think it’s good but I also make sure to have a great relationship with my neighbor and openly talk about the property line issue. The neighbors on the other sides of me both claimed the exact same piece of my property as their own (almost 2 acres). I did my research pulling everyone’s property records and deeds, found all the surveys that had been filed and called out a surveyor to check my work. I had face to face conversations with my neighbors then I posted signs of ownership all around. We are all grownups. Know your property line!
Your wall is six inches set back because of the footing probably protrudes out 6 inches on each side of the wall. I wouldn't let her install anything on or near the wall
I would contact your local building inspector or approval authority, give them the survey, so they can help you. Fight this before the work is done if possible. Aside, my survey showed there was 2 feet of unclaimed land between our properties. Unfortunately, the cost to correct was 20K so I did nothing.
It’s too late now, but if you notify the permits section of the city/county, of property encroachment, they should/would stop the project until the issue is resolved. Speaking from experience.
In Victoria BC, when you do a property survey, the city steals your trees. Each tree is tagged and you can't cut them down. You don't own much of anything here when you "purchase" property.
You should check the issues that gas pipes can potentially have and its relation with insured damages, etc. Its always best for her to have it on her property not yours.
I had to deal with an issue like this with the federal government. They built something on my property without an easement. Luckily my cousin is an attorney and my hubby is a surveyor so we were able to prove they were trespassing and needed to move it off my property.
She set the aggressive tone. You’d best get totally legal on her. She’s not going away. She’ll not stop.
Easy enough for someone to say who's not getting into those legal weeds themselves
She is bullying him because he is asian.
@@SIedgeHammer83 god this is sad to say but probably true. I'm a very mild-mannered white guy and consider myself meek. Let me just say I adore Asia's and the Pacific Island's culture of sensitivity. I have yet, in my many years, to meet an east asian or pacific island american who is ugly or unkind. What's crazy to me is it has zero to do with race or religion, but everything to do with culture. Raising one's kids with sternness but also kindness above all else.
@@SIedgeHammer83there is absolutely no way to prove that stop bringing race into things
@@SIedgeHammer83 doubtful, these Karens would do this no matter who moves there, stop spreading racism
if she puts anything on your property or has anything on your property, I would contact a lawyer and file to sue. It's your land, not hers. It's simple, "get off of my property."
She best not even be sitting on that wall… that wall is now YOURS. Dont…touch…
Why? Just take a sledgehammer to it.
Yes, let's do the most expensive action
I'd have a shut off installed on that gas line and keep it turned off.
Typical American attitude.
Sue for everything and waste more money for the ego boost.
Sueing should be a last resort not the first FFS.
I had a similar situation when I bought my home 20 yrs ago. My next-door neighbor was an elderly attorney who sent me letter after letter demanding I do what he wants along the property line, claiming I was encroaching on his property. I had the property surveyed (they had to survey the entire block as there were no survey stakes nearby). Turned out 6 inches of his driveway were on MY property. He saw the survey being done and survey stakes that were placed along the side of my property. I never heard another peep from him!! 😂
You should have made him pay you for those 6 inches or tear it out
Rent out the 6 inches or you want it back
Take it back
@@PYYYYYYtake it back now yall
@@blackdaan 🤣 he croaked!!
She's the type of person who will sue you if something happen with that gas line, "because it was on your property". There are people who view a nice person as a target.
one side of the story, this guy could be doing anything then recording calmly after. probably not but , but been caught with these videos before not being what they seem.
He could order the gas company to shut off the line, and make her pay to move it.
I'm a retired Licensed Land Surveyor and heavy construction survey engineer. You can stop adverse possession by sending a certified, notarized, receipt requested letter to the party in dispute granting them permission to use your property until such time as you tell them to cease and desist. Adverse possession is based on a number of years without interruption -- the clock must run continually. Granting permission stops the clock. Never, never purchase property without a legal survey.
Yeah but most states are either over 20 years or you also need to pay the property tax.
I see your avatar and you look like a land surveyor. Had I seen your avatar on any other video that had nothing to do with land or surveying, I would look at that avatar and say "that guy is probably a land surveyor"
@@coreyclarke1604 "Most" doesn't matter, it is state specific and one shouldn't be giving legal advice without knowing better. Because it is NOT 20 years in MOST. Additionally, MOST states do no require payment of property taxes. If, you are east of the Mississippi, then your statements may be true. But in some states, the term can be as short as 5 years.
If I were a licensed surveyor, I probably wouldn't be offering legal advice. Although there are general requirements, every state may vary in particular ways.
Wrong wrong wrong. He had the fence built ofset, he screwed up. He basically conceded his 6 inches.
You should really get her to move those utilities they're on your property. At some point you're going to need to service that retaining wall and have to ask her for permission to move the utilities. In essence you're granting her an easement.
yeah, make her move the utility lines, she wanted to fook around, now let her find out! sue her for putting utility lines on YOUR property!
Or if those utilities have a leak (gas/water) they are going to tear up your property or cause damage to your property. Get them moved....
No, if you grant the utility easement. When that wall needs servicing. The wall will have to move.
Needs to deal with it right away, or you are basically accepting it and a court might rule against him on that basis.
What was the outcomes me of your issue?
You should purge the wall on the other side and put in a drainage basin to the property line. It stops her from building on it and will eliminate the runoff issue. You don’t want to direct it to your residential wall or it will cause issues in the future. Why not take advantage of the excess land. And have her remove those utilities or you can be liable or loose your section of land where they are
Honestly, I agree with this
Totally agreed, this sounds like the best course of action.
I was looking for this comment. Yes!
This is the perfect solution because it's the cheapest solution and easiest. The only problem would be the utility line but that would need to go through court to get fixed and could easily get very expensive. This is why i don't live in the "city" anymore. Rural life does not involve stupidity like this
This is exactly the solution, it will teach her ass a lesson and when they dig it up, you already got your trench started. Her big mouth is gonna cost her.
If you let the utilities stay on your land, you are effectively granting a utility easement. Also, as a someone else commented what happens when you have to service or re-do the retaining wall.
What happens when you want to sell it. Noone wants the drama.Your stuck.
Could you agree to a long term lease? 100 years? Obviously it’s unlikely you will ever get use out of the space.
@@aboveitall9600 That's an idea to sort of painlessly push the problem into the future. One problem would be that you are still paying real estate taxes on your entire property, including the leased portion. Good luck getting them to pay of share of property tax on that part. I would rather deal with it now.
Do not be “nice” that is how bigger problems arise. That Gas line is on your property and you have to be careful with someone using your property. Specially for utilities.
Right. It'll definitely be a problem in the future. Better fix it now rather than regret it later.
Report her to the department of buildings and tell the utilities they need to remove her gas lines from your property. Eventually she will encroach on your land and claim it as her own, adverse possession. Don't back down and play nice she definitely intends to take advantage of your kind nature.
be a good person, but dont let bad people get away with doing wrong. the more you let it happen, the worse they do.
my neighbor did the same thing, right after I bought my house he tried to build a fence that was 5 feet onto my property... not 6 inches... 5 feet! I had a surveyor come out and mark the land and sent him a letter from my lawyer and he removed his fence immediately...
I’m a surveyor. This is way more common than you’d think. I’ve seen fences off by over 10’
Usually it’s into the right of way though.
As a former lawyer in Ontario with tons of real estate experience, I can tell you off the cuff that if your neighbor paid for half the cost of the retaining wall but it is on your property, and the deal was made with the builder, this contract doesn't survive the closing of the transaction and bind you as the owner. So basically, you do not have to reimburse her for anything. There is no privity of contract either. Also, as for the chain link fence, if you wanted to you could take it down and install it on the 6 inches or so of your property which sits on the side of the retaining wall sitting beside your adjoining property line (the part she is using and believes is hers !) That way you get maximum use of your space. You'd have to deal with the utility lines which were improperly installed on YOUR property by contacting them to have them remove it. I think you don't want to leave this situation as it is because it might create problems when you go to sell if a buyer were to ask for a survey and find out this information. No one wants to buy a property and find out that half a foot is outside a retaining wall and for all intents and purposes being used by your neighbor who has installed utilities on it. You could negotiate to sell off the 6 inch strip to your neighbor as well. You'd need a real estate lawyer to handle all this and all your legal costs should be covered by your neighbor as part of this process. If you don't do anything about this situation, this creates a potential easement being created - yes adverse possession, over time. You did your research on this. You should not allow this to happen. You should keep in mind that your builder created this mess for you ... and screwed you up... so if you are in Ontario, you can bring a claim against him "Within" 2 years of discovering the facts of this situation . Different limitations acts apply in other provinces (or states). Go see a lawyer about this because this is a mess that you should deal with. I'd have a lawyer send a demand letter to her to have the utility lines removed from your property and I'd put the builder on notice. The builder sold you this property with the implied understanding that the retaining wall was on your property or shared equally with the neightour straddling yours and the neighbors' property. That would be a rational expectation. It is a breach to have a retaining wall built sloppily losing 6 inches of your property in the process. I'd make a deal with them that they have to rip the shit out including the fence and rebuild it with the fence on the extreme end of your property line and the retaining wall properly situated.
I understand this is an older post. But I still highly I recommend you research the water act and the watershed act in your local area. For anyone else dealing with such matters - If the property you purchased was recently built I would make the builder or contractor correct any watershed issues. Because it is illegal, in most if not all municipalities, to force rain run off onto someone else's property. It is why you see retaining pond(s), aka "retention pond" on some larger developed properties. Otherwise the property could not handle heavy rain run off now that it has been developed and it could cause problems and/or damage to neighboring properties. I personally had to deal with this when a builder was putting up a new house on the vacant property next door to us. They were forcing their rain run off on to our property and using our drainage system vs paying for and building their own drainage system on their property. Our drainage system could no longer handle the extra rain run off and with a heavy rain storm, it would flood over 10' of our yard along the full length, some 200 to 300 feet long, of the property. DID YOU KNOW? One inch of rain on 1,000Sq Ft roof can yield over 600 Gallons of water. Now think about an entire house, parking lot and sidewalk - any and all hard scape. Where is that rain run off to go - now. All this and more was an eye opener for me when I had to deal with this type of situation. Good Luck to everyone who has to deal with this kind of thing.
Hes not forcing anything. Its a slope
@@landsraad9745 he is referring to the gutter he guild to redirect it. That in some areas is in violation.
Absolutely right! Even building a single family residence, it is your responsibility to comply with the Stormwater Management act. The back yard is a rock cliff? That's not your neighbor's problem when it rains, that's YOUR problem. In my area, paving that space between the houses wouldn't have even been allowed without a completed Urbanization and Stormwater Runoff Survey. You would have needed a complete drainage system around the property during construction and likely connected to a drywell system at that back corner of the property to catch and direct excess water. Then, you would have to pay to connect it all to the city's stormwater drainage system. If you have diverted excess water to the neighbor's property and it causes flooding, you would be liable.
You’re (along with @pirtatejoe) one of the few people here who understands the real issue.
agreed, came here to say this. she has every right to complain about the water run off
Most builders and fence companies do not place them directly on the property line. They typically keep those onto the property to avoid any future issues like what you are experiencing.
Depends on the state.
As a surveyor, they just place the fence wherever they’re paid to. They don’t care. In fact, most home owners pay to build their fence well beyond their own property in my experience, especially into the right of way.
I’ve seen fences off by over 10’.
You have to take extreme action against her. She's already been aggressive and set the stage for how she's going to approach it. Do not let anything slide.
She’s not trying to get along man. 100% agree. Best to set boundaries.
You have to come hard at this woman! I had something like this happen to me. My new next door neighbor back hoed my whole front yard up thinking it was hers. She was going to remove my grass and replace it with a beautiful various color rock and boulder collage. I contacted an attorney and she advised me that I should stop her immediately and make restore the yard to it's previous grass or else after a few years she could attempt an 'adverse possession' claim on my yard because she made a substantial improvement to it. The earlier you fight the better for you! Don't wait until she is done then try to officially complain, because the judge may ask why didn't you say something when it first happened.
"hoed my whole front yard"???? hmmmmmm
@@forthefunofit3230 ---> Yes, she had her gardener use a back hoe to scrape off the top layer of my entire front yard. I came home and all my mature bushes and grass was scraped off. A real 'Holy Shit!' moment.
@@lewdog9162🤫
@@forthefunofit3230🙄
*The easiest and quickest way to resolve the problem of her retaining wall is to offer for her to sign a lease for that particular section of the wall for a specific amount of years, if not, she must remove the encroached portion of the wall. This way the lease is a continuous acknowledgement that it's your property and you are not giving up any of your legal rights to that property. With a lease agreement, she can't ever claim Adverse Possession in the future because she had the wall on your property for a specific amount of continuous years (time varies by what state you're in) and therefore claims it as her own as the law allows. In the lease you can also add in that she is not to add anything else to your portion of the property*
The best part is he gets paid for her use! She could have kept her mouth shut and saved alot of money.
I always get a property survey. The house I currently live in was listed as being on about 2+ acres. The survey showed it is actually 3.75 acres
I lost a acre
Y’all acting like you magically gained or lost land.
whoever recorded your plat was just bad at math.
I agree with some of the other viewers that the demarcations need to made clear. Before your neighbor goes too far with construction, have your attorney get a cease and desist order from the court, present it to her, and correct the encroachment on your land.
I was a survey’s assistant. It was fairly common for a neighbor to get mad, start a dispute, causing a surveyor to clarify the property line. It was common for the angry neighbor to end up with less land than they thought.
This is why in my county of Texas… I don’t know if this is a state of Texas thing. But when we bought our home, which was already built, the previous owner had to have the property resurveyed. And it’s expensive. We were then notified through the process of purchasing it, that when we put in new fencing, because the fence is old… The county requires that the property line be surveyed again. Where I live in Texas a property survey is about two to $300, but they do this requirement, for this very reason… Because over the years property owners can sneak the line over and over… And if the other property owner doesn’t care, or they are elderly, these things can and will happen.
$300.00 is cheap. Wife and I purchased property up here in Pennsylvania. We put up a deposit, contingent on getting a survey. The seller told us that it would cost about $500.00, which is why she did not get one.
We paid over $3000.00. After the survey we found that one property line was 25 feet north of where the seller said it was on the north end and 75 feet south of where she said the south end was.
@@NevilofMars75 feet!!!!!
As a surveyor, $300 is very cheap for a survey.
@@MoHi-cx8py ye you’d be surprised how many people have absolutely no idea where their land actually begins.
The gasline running through your property could be a liability issue in future. Let's said that line leaked gas one day, cause fire damage her building, but the leak is on your land.
You’re absolutely correct you should always get a survey. I don’t know what state you live in though in any state I’ve ever done any work in the property owner is responsible for any damaging drainage issues. Once you direct that water to the street, it becomes the cities problem but water drainage issue on private property is the property owners problem, and they can be held liable for damages. It’s a good thing you’re taking care of that. I’ve seen many cases were just putting a fence in, a vinyl fence, especially, can interrupt the flow of normal drainage and cause peoples yards to be completely flooded. All the damages are the responsibility of whomever built the fence. So I would definitely continue with the drainage you’re doing.
I had a similar problem. I finally paid good to have my property surveyed and found my neighbor was 12 inches into my property. Long story short, I demolished everything and made him move his car port over to his side.
Agreed, she set the tone. I'd call the city and have them shut off any utilities on your property. She would have to pay to have those utilities rerun and reconnected which could easily be well over $6k. That would be a start of showing her that you are done with her Karen attitude.
Counter a Karen by being a bigger Karen?
@@triforcelinkYes. That's the only thing someone that acts like that ever seems to understand.
This is going to be a situation that won't end until she is directly challenged. Wait too long and she'll potentially gain a legitimate claim to the land. While I very much understand the sentiment of not lowering to their level, at the same time people like her tend to know the typical person doesn't want drama, so she WILL use that to her advantage up until she can make a claim that this guy did nothing to stop her.
😂😂😂!I believe you have handled this situation courteously! i have heard many situations like this!one story was about a woman that also tried to claim beyond a fence line only to discover from surveyors that she was wrong.. and had even built a driveway well beyond the real line!
She continued to harass the true owner.. making complaints til he finally made an agreement for her to pay $20 a year to rent that tiny bit of land of which the lady couldn’t take it anymore and moved house!
Just so you are aware, it's entirely possible that she has her own survey done with a different surveyor and that one may come to an alternate conclusion about where the property line is. Most of the time the difference may only be an inch or 2. However some times there can be a significant gap or overlap. It often depends on how accurate the original parcel was surveyed as well as when the subdivision happened. Many cities (Jersey City comes to mind) have terrible issues like this and it can lead to costly legal problems. Don't pay bottom dollar for your survey people. You get what you pay for.
I agree, his measuring from the corner of the building may be flawed as there is no way to know if the building was done precisely in the correct spot.
I’m a surveyor and as long as there are monuments at the corners, it doesn’t matter. If the surveyors do their jobs correctly and find these monuments, the monuments hold over official record.
Due to random errors, of course their measurements will be slightly off, but it’ll be so small it should be negligible.
Also, I agree that measuring from the building ain’t the greatest/most accurate solution, but may be enough to get her to back off so he doesn’t need to hire a professional which can get expensive.
Makes sense that the wall would be on your property. it appears that it was built by the builder who build your property, and it primarily benefits your property (allows you to have a level walkway back to your pack yard) so under those circumstances such a retaining all would normally be built completely on your property.
Depends on where you live but in some states you can't go dumping flows onto an adjoiner and certainly not concentrated flow. With the paved areas and no mention of where you are or hydrology, I'd be careful following advice that it's legal to drain flows onto an adjoining property. In some places that is absolutely illegal.
Great to see you back. I just heard about adverse possession in my city as well. It's a very interesting real estate law.
Glad to be back!!! wow your channel really blew up!! congrats man
In California a perscriotive easement is only for shared use. So my neighbor can travel over the 6 inches on her side of my fence because it has been that way for over 90 years. She may not put any structure on my property as it is no longer shared. She did this to establish a gate post on my property. Even if the gate post was placed on my property 80 years ago I could remove it.
This is different from most other states. Another example is that my childhood friend's house was built on orchard land and the horse stable behind had built stables on my friends parents land. His parents wanted to put in a swimming pool and had a survey run. The survey showed that barns were about 20 feet on his parents land!. The Barns were removed and the required fence for the pool wentvon the property line.
In that same neighborhood we lived on a 3 acre Orchard. A driveway went between the two roads without a gate. Thus people had gained a prescriptive right to travel over the driveway.
Because of the adverse position law, I suggest you rebuild the wall on the boundary and remove her gas services from your land.
If you don’t, she WILL claim the land as hers.
usually, in most municipalities, if you put a wall or fence up, it's suppose to be within a certain amount of inches or feet of the propety line. it may vary from place to place.
My neighbor pulled up bushes and grass on my property because he thought it was his land. I told him that mistakes happen and just to restore it. He did. She doesn't seem reasonable, so don't give an inch.
As other person said if that line needs to be serviced and if there's a problem you become involved and if you ever do sell won't that be a problem for buyer.
Whenever a property is built there is always a survey done to define where the property lines are. There are people who will buy a house then have a new survey done trying to get parts of the land bordering their property. I had been living in my home since I graduated from college and I had ne neighbor who moved into the home in back of my house about 10 years later. they had their home renovated and added on some rooms and a second floor. I built a fence around my back yard because I had a pool put in and required a fence by law. I gave the fence guy my survey to work with in order to install the fence. The new neighbor came to my front door to tell me it's not a big deal but my fence was a foot into his property after they had a survey done. I looked at my original survey which was 30 years old and the fence was exactly within my property. I don't know where these people get off having a survey done when there are existing surveys telling them exactly what property they own. They try to steal your land if you don't have paper work to back it up
Before anyone demands someone move any utilities you might want to check the dead for the property. Most properties have a five foot utility easement on all sides of the property.
Welcome back. I hope this gets sorted out soon!
Thanks!!! hopefully but if it doesn't and we have to go to court then at least I have an interesting video idea haha
@@binchen-realestatesimplifi2143What happened? Has She come to her senses or is she still a pain about wall? I pray you can live in peace and have no financial burden from this in Jesus Christ's name Amen 🙏 ♥️
You are absolutely correct! I get that you want to get on with her well, but it seems from what your saying she isn't playing nice... and you are doing exactly what I would do! fight back, be kind, and take back ownership of your area... she could steal a portion of your property!
Around here (Western WA sate) the downhill neighbor has to accept the flow of water as it's travelling a natural course. But one cannot change the grade to redirect runoff. Lots of lawsuits anyway and I've seen million dollar homes under construction stopped cold due to neighbor lawsuits and investments written off and construction halted for years and eventually sold to highest unsuspecting next owner. It's sad people can't get along and find a workable solution with such limited time alive.
If you are in North West New Jersey best Professional Land Surveyor is Richard Smith PLS. In NJ every land transaction requires a new survey. Even a Refinance. It is not this way in every state. A lot of states will allow an existing survey. New Jersey is more particular on requirements.
This is a common issue that arises all the time between neighbors. Always get a survey if your land.
As you show your viewers, it’s always wise to be knowledgeable about Real Estate terminology & state property laws in order to deal with such issues. Time is money, the headache she brings, that lady would definitely have to use your Attorney as point of contact. It’s way too much to deal with.
That is why a survey update is necessary when ever things change hands. People assume things without knowing I had an issue with a driveway the neighbor claimed a shared driveway was hers. The survey show it was not on her land and she had to have her driveway cut.
I am very thankful that easements here aren’t common and rarely handed out. Also the county I live in has every single property clearly defined and you cannot change them without jumping through massive hoops. You have an easier time splitting a property than changing a boundary.
If someone puts anything on your side of the property line it is called encroachment which is illegal. In this guy's situation even though his next door neighbor started the bad relationship it would be "taking the high road" and let the gas line stay put. But he needs to have any wall or structure that extends beyond the property line removed or there could be issues in the future for him or the next owner if he should sell.
I wished we all could have respectable and good neighbours like you.
Thank you for sharing. This is extremely informative to me!
Question for you, could you technically lease that section of the land, where her gas meters is installed? charging her a monthly or yearly lease ?
Well said!
I’m surprised that the utilities company did not confirm land ownership before installing gas line. I think this would be prudent going forward in the future as there, potentially, could be huge issues. You explain your situation very well, easy to understand, simply makes sense. On another note, I truly believe that every home sold, no matter how many times, should mandatorily be given blueprints with detailed explanation of boundaries. Thank you 🇨🇦🤗
If she were to use that property without complaint from you, for a reasonable time, she would legally own and even sell that property. I was shocked to find this out from an attorney in California. You have to make it clear or lose your rights and property. You did the right thing by getting a survey. And by being nice.
In California, you’d have to show proof of paid taxes on that piece of property for adverse possession
Seen where water flows down hill and lower neighbors complained that his pond was flooding their yard when it rains.
When in reality unless the pond is completely full to top it would actually reduce the water running downhill.
And if the pond is completely full it still not going to increase the flow going downhill.
Hell, Karen came in swinging before the ink was dry on your closing papers. Good luck having her as the neighbor.
This guy is so spot on all his facts and approach 10 out 10.
She should realize it benefits her to let things lie the way they are and accept the fact that you own the land six inches beyond the footing of the wall and just enjoy the fact that she benefits from the wall and fence you have installed upon it. That wall is a construction necessity for your home given the terrain contours so it's not like she can have an existential issue with it since she bought her house knowing an adjacent house was either already there or would be there one day. She ought to just let things lie. Happily accept the fact that you own the wall and will have to maintain it out of your pocket. When the day comes for that wall to crack (and it will), she can send a letter to you advising you that it is in a state of disrepair and threatening her home. She holds the power here if only she'd open her eyes. She enjoys your features without any of the cost or liability. You may want to mention that to her.
I wouldn't give her anymore power over him. Yes he owns that wall and is now responsible to maintain it. She's the Type to intentionally damage it just to cause him trouble! She's a Karen!
I hope she comes to her senses and develops Some humanity.
May he have peace in Jesus Christ's name Amen 🙏
I'm an active land surveyor in San Diego and I don't know how stuff works where you live but that has to be the most bare bones, half assed survey I've ever seen. A real survey has to have distances & bearings on every single line, call out previous maps that created that lot, easements called out and most importantly FOUND MONUMENTS to point out the limits of the property. Where are the physical monuments? You can't just do a "paper" survey and pull a measuring tape from the corner of the house 😂
Hold her accountable. She would definitely hold you accountable.
Illegal encroachment can become permanent if not listed. (In most cities). In my neighborhood a house took up 3 ft of the neighbors yard for a parking pad. 10 yrs later the 3 ft now belongs to him and the neighbor lost yardage
She now has to get an easement for her gas lines .. thats on your property. And you owe her nothing. IF she did pay for half the wall. And the contractor didn't put it where the surveyor said too.,then she will have to sue her contractor, not you.
IANAL, but you can also prevent adverse possession claims (and prescriptive easement claims) by expressly granting permission. "I assert that this property is mine, but I allow you to build your gas line on it.". This takes away the "adverse" component necessary for the neighbor to establish the claim.
Screw her bro, teach her a lesson... 🤣🤣🤣
Should have a full meet and bounds performed in advance of purchase. See if it is already on file in the records department. Buyer beware, many properties are not oriented to the property but sometimes to the street or surrounding structures. Be informed before you purchase. Especially if in a flag lot or there are utility boxes on the land.
So, how did her backyard turn out?
this is happening to me as we speak . Alot of headaches with lawyers etc.... and worse part is neighbor has not touched his land in over 15 years and this year he decided to extend drive way which encroached on my properety over six inches plus contaminated my land with crushed stone 3 feet into my side of the land
It sounds to me the surveyors and the builders are responsible.
First, the ladies property should have an ingress and egress, not exactly sure what the code is in your area, but just say 3 feet on minimum.
If your property line is even 6 inches more on her side, wouldn’t that decrease her ingress and egress even further?
I think you both should fight the city / county for this F-up.
They should remedy this and have to pay for the correction.
This happens frequently. The properties were built too long ago to sue anyone.
@@korytoombs886wasn't it all newly built? He said so himself.
Well said! My advice is to follow up any conversation with a certified letter confirming contents of conversation.
Deserve what's coming to her. Sue and win, making her fit your lawyer expense.
I don’t get why folks argue against the clear documentation. Good for you for getting the survey. I would actually set posts at the ends of the property to set some visual lines. Then I would set up a fence from end to end and simply claim my property back. If you wait till you have to sue her it’s will be a waste of time and money, be practice.
Dont let her walk over you, take her to court
8:09 as i understand if someone encroachment on your land, you can tear it out. Lets say someone put up a fence over the property line, its on your land you can take it down youve got the document with proof its yours.
But her adding a gas line under 6" of your land stops you from laying drainage tiles below the wall.
Where they should be.
You are a very patient person to put up with your neighbor's bullshit.
4:05 The survey from the foundation corner is typically from the main structure not including a coating surface or siding. A way to check how this is being surveyed is to measure the total distance between the two neighboring foundations and compared that with the summed total on the plats of the foundations to the property line. Any difference will likely be a coasting thickness or siding. This is also a simple check for errors.
When I was growing up my dad said it was typical when putting up a chain link fence to put it centered about a foot on to your own property to make it clear who owns the fence. That is likely a bit sloppy and you are still responsible officially for taking care of that land. In this case it was made very clear the masonry wall was part of the plat by having an additional half foot of property extending past it.
I doubt the masonry wall is a structural retaining wall. It probably doesn't need to be. A typical masonry wall supports vertical and minimal horizontal loads. A retaining wall is made to resist hydrostatic horizontal pressure like a dam. Unlike a dam, retaining structures can make use of tie back structures.
She has to pay full cost to remove the wall and any utilities. Than she owes 1/2 the cost of the new wall! Get a lawyer now.
USGS uses a benchmark that has a number stamp on it, this number represents the elevation (from mean sea level) of the terrain at the benchmark. On private residence they (city) use a nail imbedded in the curve from this benchmark you can use a transit to find the direction and with a 100 foot steel tape find the distance of your property. With some cities there is still a 2 foot distance from the sidewalk towards your property that belongs to the city, that is why the fire hydrant is on your property.
Just make it right….you can’t go wrong when you are right.
Props to your for your patience and professionalism
You've built up your property higher than hers, and right behind your property is a hill. The runoff has to go somewhere and should have been considered during construction planning.
You are right about Adverse Possession. However, she can still claim the part of your property that has the gas lines, unless you address the issue to her and ask for it to be corrected. You need to address it to her via text or email, or have a bailiff or sheriff deliver her a letter asking that she move her gas line onto her property, as well as any of her existing structures such as retaining walls. This needs to be in writing, so she cannot ignore it.
You can not let water,either rain or runoff, go onto your next door neighbors property. If the contractor had hired a professional land surveyor and a engineer. They would have created a little ditch up against the wall in the asphalt that would have run water runoff down the drive way to.the street..
There may be yard drains along that wall also? That drain to street. We don’t know? I’m sure builder used surveyors and civil engineering! How else do you get permits and site approval? I’m in Fl. So things might be different where I am! But nothing here gets built without both!!
Adverse possession is real. Thats why you need to defend every inch. As for your run off issue, i probably consider adding long aluminum L channels to help divert the water spill towards the street. The cost is reasonable ( they come in 8ft lengths, easy to screw down, and sealable with clear or black silicone.) it should cut your liabilities should your fights escalate. Some mitigation is the bare minimum you need to do.
The city should be sued for allowing construction there in the first place WITHOUT addressing the proper disposal of storm runoff.
The "deals" made between a builder and a neighbor doesn't mean beans if the papers weren't filed.
Sue the city? It's not their problem
I wish my neighbors were "chill" like you. You better keep an eye out for that Karen neighbor because people that have bad attitudes usually resort to violence. Stay safe.
You weren't being harsh AT ALL.
Its always better to go through life being nice to others but when they cross the line its time to put your foot down. I hope she gets it and this doesn't lead to a lawsuit but hey if it does ill have more content haha
In my area you have to build in 12 inches onto your own side so it makes sense you have 6 inches before the wall as yours.
You didn't mention her name? Isn't her name karen?
Illegal - WTH am I supposed to stop the rain 🤣🤣🤣 that was epic, a new happy subscriber here
Best to resolve now. Fully. Before she goes ahead with her dev. And that includes the gas lines. Those lines give a purchaser (of your property) an extra option to cancel a future sale. .
In regards to the gas lines, the utility companies are given easements to do that so not much to be done there. I would definitely watch her closely, I bet she tries to put that fence on your property.
Exactly this issue in my mother’s house in Barbados. Wall was built inside boundary and when house next door was built, whoops they built against the wall. Luckily our lawyer sorted it out
The sad part is that some towns will not allow you to put the fence on your line. It has to be X amount of feet away from it. Yet, some states have laws where if you care for property (cut grass for example) then after so many years that piece becomes yours. Luckily, I knew about this so any time I buy property, I ask the neighbors ahead of time if they are okay with a fence directly on the property line that has been legally surveyed and marked. Never had one say no. The fence off the property line is really dumb and most notable in NC with HOAs. I saw so many new homes with fences and a 3-6 foot gap between them with trees, high weeds, trash all kinds of nasty things growing in there because it was a space sandwiched between two privacy fences.
Boundary disputes are the worse. You HAVE to protect your property. My house is to close to one neighbors property. It’s been 40 years so I think it’s good but I also make sure to have a great relationship with my neighbor and openly talk about the property line issue.
The neighbors on the other sides of me both claimed the exact same piece of my property as their own (almost 2 acres). I did my research pulling everyone’s property records and deeds, found all the surveys that had been filed and called out a surveyor to check my work. I had face to face conversations with my neighbors then I posted signs of ownership all around.
We are all grownups. Know your property line!
Your wall is six inches set back because of the footing probably protrudes out 6 inches on each side of the wall. I wouldn't let her install anything on or near the wall
I’m glad you put your foot down! Don’t feel sorry that she was being stupid.
I would contact your local building inspector or approval authority, give them the survey, so they can help you. Fight this before the work is done if possible.
Aside, my survey showed there was 2 feet of unclaimed land between our properties. Unfortunately, the cost to correct was 20K so I did nothing.
It’s too late now, but if you notify the permits section of the city/county, of property encroachment, they should/would stop the project until the issue is resolved. Speaking from experience.
In Victoria BC, when you do a property survey, the city steals your trees. Each tree is tagged and you can't cut them down. You don't own much of anything here when you "purchase" property.
You should check the issues that gas pipes can potentially have and its relation with insured damages, etc.
Its always best for her to have it on her property not yours.
Call/report to the City By-Law Enforcement office and have them come out to the property. Do NOT compromise.
I had to deal with an issue like this with the federal government. They built something on my property without an easement. Luckily my cousin is an attorney and my hubby is a surveyor so we were able to prove they were trespassing and needed to move it off my property.
This was a well explained video. How did the story end? What ended up happening with your neighbor and the water drainage?