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Recent Encroachment questions

We recently had our land surveyed, and our neighbors

We recently had our land surveyed, and our neighbors driveway entrance is on our property. Its like a half moon shaped drive. Am i allowed to put up a fence, that will totally block the entrance?JA: What state are you in? It matters because laws vary by location.Customer: Chickasha, OkJA: Has anything been filed or reported?Customer: They are selling the house, so nothing has been filed as of yet. We just wanted the people looking at the house to know thats our property.JA: Anything else you want the lawyer to know before I connect you?Customer: no ma'am.

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Loren

Juris Doctor

45,914 satisfied customers
A condo owner in my complex wants to extend his ground level

Hi---A condo owner in my complex wants to extend his ground level back deck 8 feet further, which means building on community property. I'd like to increase the value of my condo also by building on community land.JA: Where is the property located?Customer: However,I only have two feet before hitting city property. Salem, OregonJA: Has any paperwork been filed?Customer: they verbally mentioned the expansion plan to some neighbors but haven't asked HOA for permission. PaperworkJA: Anything else you want the lawyer to know before I connect you?Customer: no

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882 satisfied customers
I have a neighbor who is encroaching on our property. Do you

I have a neighbor who is encroaching on our property. Do you have anybody familiar with Texas real estate law ?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: TexasJA: Has anything been filed or reported?Customer: No, he has dumped things in an area that we could not see due to high weeds in and undeloped part of out back yard. They put up a clothesling, and one end of it is 2 ' onto out property. I verfified this with a legal survey.JA: Anything else you want the lawyer to know before I connect you?Customer: no

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Loren

Juris Doctor

45,914 satisfied customers
I got a construction company raising my property level on

I got a construction company raising my property level on the south side of property about 5 ft to bring it up to the height of my retaining wall, covering my retaining wall. Can they do that?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: Washington StateJA: Has any paperwork been filed?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: I don't think so

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legalgems

Juris Doctorate

19,670 satisfied customers
I have 40 acres that my parents bought back in 1973. On my

I have 40 acres that my parents bought back in 1973. On my deed it clearly states that there is an easment on the north and west boundries. However while the land was vacant a neighbor cut a road on the east boundry without permission. And while there is an existing easment already. The same person we bought this land from also owned and sold parcels all around here for about 20 or 30 sq miles. We were among the first my Dad's parents had the parcel to the east.In 1975 they filed a document that gave a 30ft easment on all four boundries of all properties she has for sale. And the neighbor that cut the fences Dad and I put up in 1974 in two places to cut the encroachment road. Is saying that 1975 filing gave him the right to do it.Does it apply even to land already sold and no longer thier property? If so how can that be?

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Ray

Lawyer

Doctoral Degree

45,056 satisfied customers
In 1974, I bought property which needed a right-of-way to

In 1974, I bought property which needed a right-of-way to get to it. I personally constructed that right-of-way myself, with instruction from the then current owner. It is a 16 foot, perpetual right-of-way used now, by six other people, also. That is no a problem, other than three of them do not want to contribute to maintenance. The problem is that the one neighbor has pine trees that were planted too close to edge of the road and the limbs continue to grow out over the drive area. We have continually been running on the edge away from these trees and now I can't get in and out with my camper without scraping the sides. I used to drive my 18 wheeler in and out daily. Last weekend, I trimmed some of those limbs back (not even as far as they should be) and now I have them going ballistic on me, saying I had no right to touch their trees. If you could, please advise me of my rights in this matter. Thank you, ***** *****JA: What state are you in? It matters because laws vary by location.Customer: Butler, PA 16001JA: Has anything been filed or reported?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: The neighbor called me about an hour ago and when she did not get the satisfaction she was looking for, hung up on me. I wanted to explain situation to her , but she refused to listen. Others have told me she is impossible to get along with. Sad !

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Loren

Juris Doctor

45,914 satisfied customers
What is the easiest way to avoid an adverse possession

What is the easiest way to avoid an adverse possession situation in New Jersey? Client purchased a house in New Jersey in 2008. Property survey from 2008 shows small section of neighbor's existing fence encroaches on client's property. Town records show that neighbor's fence was installed in 2000. Client and neighbor get along very well and are friendly.

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Ray

Lawyer

Doctoral Degree

45,056 satisfied customers
There is a 50 foot Developer Landscape Easement in my

There is a 50 foot Developer Landscape Easement in my backyard. The Developer has not constructed anything nor planted anything in that LSE. After the homes are built and the HOA is established, does that Developer LSE transition to the HOA? or does it disappear along with the Developer?

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Gerald-Esquire

Juris Doctor

7,592 satisfied customers
My neighbor has planted what looks like a pepper tree right

Hi;JA: Hello. How can we help?Customer: My neighbor has planted what looks like a pepper tree right on the property line (on his side of his fence). It is now about 8' tall and is overshadowing about 3 feet of my hedge line which parallels his fence. My hedges are being affected by loss of sunshine. He won't do anything about it. Am I within my rights to trim it on my side of the property line?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: San Diego County, Escondido, CAliforniaJA: Has anything been filed or reported?Customer: Not yet.JA: Anything else you want the lawyer to know before I connect you?Customer: We have both owned our properties for 40 + years. Our relationship is strained to say the least.

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Ray

Lawyer

Doctoral Degree

45,056 satisfied customers
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