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My relationship w/my neighbor has been decent 3 years I've
My relationship w/my neighbor has been decent for the 3 years I've lived next door. Earlier this year I proposed and then paid for half of the cost of removing 2 of his trees that he didn't like located near what he has ALWAYS maintained is the property line. This line consists of small shrubs (about 5' high) planted in a row between our lawns. I didn't like the 2 trees either, especially after one of them caused over $1,000 in damage to my backyard following a windstorm and was essentially dead-standing (after much debate, I finally got him to agree to pay for half of the damage. He maintained that while he was sorry it happened, he didn't feel he should have to pay anything). It was agreed upon that removal of the trees would be of mutual benefit. I told him that once the trees were down I intended to remove the shrubs (which he said he didn't care for anyway) and then put a fence up on what he asserted was property line, and he frequently proclaimed that he was "excited" for the privacy. The fence is now up (about 1 month). I also paid to have another one of his trees downed that was near the front yard property line because I am putting tall privacy shrubs from the end of the fence to the end of our lawns. He also proclaimed that he was "excited" for this privacy too, which would be of mutual benefit. I have not yet put the shrubs in but intended to do so next month. I would like to note that I make all the offers and I pay for everything - fence, shrubs, all at my cost with agreed upon mutual privacy. The reason I offered to pay for half of the 2 trees that were downed was because he is very cheap.Now, after a weekend BBQ with his father in law, a contractor, he is now complaining and threatening to sue because he claims my fence is a few inches over what he asserts to be the property line. He is planning to put an addition on his home and he is concerned about "needing every inch" (our homes are over 200 feet apart). The cost of the fence was $8,000 and the planned shrubs, which I am not doing as I am now expecting a letter in the mail, will cost over $4,000. I am making a sizable investment in privacy that was agreed to be of mutual benefit. What do I do?This seems very, very unfair to me. I have always been nice to him, and offered to pay for things and now he is being a snake. I am, however, fearful that I will be screwed if the line is over further than we thought. I do not want to lose my financial investment (I can't afford it). Thank you so very much for your time.
Conditional Non Compliance Approval process - neighbor
Conditional Non Compliance Approval process - neighbor uncooperative (lack of funds.) City of Los Gatos (Northern California) Violation of State Subdivision Map Act. (Orginally 2 lots, illegally split to 3 lots sometime before 1984) We are trying to purchase on of the divided lots. Trying to figure out best/worst case. Will call City of Los Gatos on Monday. The 'illegally' divided properties today each have a valid tax Tarcel i.d. # (separate tax parcel i.d., map measurements) and they each have a house built on them from around 1949.) The notice of violation was recorded May 1, 1984. Divided properties have been each sold at least once (and financed by a bank.) The one we are trying to purchase sold once (then became a bank foreclosure that a REIT bought) - now the REIT is selling and cannot offer us a clear title (REIT selling property-unable to get the neighbor (the neighbor was also the one that was foreclosed upon with this property because he paid too much for it) to cooperate with necessary division paperwork for the Conditional Non Compliance Approval process, neighbor will not be able to sell their house, cooperating is probably a money issue and resolving this will require having to maybe follow the original Subdivision Map Act Rules/Process, providing maps, surveys, engineering reports, etc. and adhering to City setback, and all the rules of a Conditional Non Compliance Approval process.From 1984 Notice "Provisions of government code section 66499.36 real property in Town of Los Gatos has been divided from a larger parcel in violation of the state subdivision map act of Los Gatos zoning ordinance. This notice of violation does not prohibit the sale transfer exchange of the former single parcel, described as one parcel."Should we buy this property and hang on to it for many years with the expectation that the neighbor will have to come around and resolve this some day - as they can't sell their property without resolving this? Or, what can we ask the REIT that is selling this to offer as a guarantee? It is at a very low price as is. Thank you!
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If my fence in on my neighbors property, how until I can
If my fence in on my neighbors property, how long until I can claim that land as mine? Furthermore, what do I need to do to legally acquire this land to be reflected on my land survey? Lastly, I placed a PVC fence exactly where the wooden fence was when I purchased the home. Does the length of time that the wood fence was on their property go towards how long I need to wait to claim it as mine?
We bought a home in granby, mo (old mining town) in April
We bought a home in granby, mo (old mining town) in April 2014. In January 2016, we were notified by a representative from the EPA that a small portion of our two and a half acres was contaminated with lead and if we didn't agree to let them dig it up, we would have to disclose that information if we ever wanted to sell the house. The property beside us is owned by the city (and we knew that) and was covered in what looked like piles of dirt. Later we learned they were "chat" piles from the old mining that used to happen here and that whole property would be cleaned up. So my husband signs a paper that gives them permission to take out a little corner of our property. This paper states, among many things, that the contractor would replace whatever they dug up with top soil or something similar to promote new plant growth. In February, they started their digging and took every tree that lined our property. The only reason we bought the property was for the privacy we had in our backyard, the entire property was lined with beautiful very mature trees. We were not notified until the day before they started digging that all the trees were going to be destroyed. We had no notice so that we could have the land surveyed and find out if they were actually our trees. When they dug up our property, they took at least 1/3 of the land and left a giant whole anywhere from two to four feet deep. It sat like that for two months and they recently started filling it up with nasty red clay and told us top soil was not in the $30 million budget for the project. We researched and found local newspaper articles and local TV news articles that stated whatever they dug on homeowners land would be replaced with top soil and seed. They are not doing that. What they are filling it with will have no nutrients to grow anything close to what we had before they came and it is really ugly. It was a beautiful property before this started. These articles I am referencing were from 2010 and 2012 meetings where homeowners attended. The contamination was not disclosed in our contract to buy the house and I am furious. Does a real estate agent have any responsibility to know these things about the properties they are selling? The trees are gone and can never be replaced in our lifetime (and not in their budget anyway). All the dirt has been blowing on us when we spend time outside and our dog has been diagnosed with severe allergies because of the dirt. Do we have any rights at all?
I own 6 acres of land in the woods (this is in a HOA) the
Good Evening,I own 6 acres of land in the woods (this is in a HOA) the land is in front on a little lake. The easement is in my property and is for a right of way to the other neighbors to access the lake. The deed says I am the owner. The Association says they own it and want to clear the easement of trees etc and want to built a dock. I pay taxes on the land where the easement is and the survey shows that the easement is within the boundaries of my property. Can the Association do what they want and are they co-owners of the easement? This is in Michigan in Gladwin County
We are purchasing a vacant parcel with the possibility toView more real estate law questions
We are purchasing a vacant parcel with the possibility to build on it in the future. The property is in upstate New York and comes with the survey, soil tests, title search. Do we need an attorney to oversee closing of this property/ If so, what would be the purpose or function of an attorney? They said many people do not use one.Thank you.