Author Topic: Encroachment  (Read 3215 times)

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Offline Coyote

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Encroachment
« on: October 10, 2012, 07:46:39 PM »

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Mr. Prosecutor:  This is a legal problem I don't think is criminal, but I would like to know what direction to go.  I bought a house in another town in Missouri as investment property...not to flip or rent out.  Just as a weekend home for when I'm visiting family and maybe retire there one day.  The property has been encroached on for years by the next door neighbor.  They have put a fence about 20 feet into our backyard and built a garage (on their property) that requires them to use my driveway to use it and also built a little patio on our property which they use with a barbeque grill and chairs.  They use our driveway and actually park their cars in horizontally to keep us out.  Our house has another driveway which we have been using so not get into it with them right away as the house is being remodeled at this time and no one is there except workers.  We plan to eventually build a little garage/shop on the property they are using...which is mine.  When I bought it I had to sign a paper stating that I know of the encroachment, I assume because the bank didn't want to get involved in it either.  I have the city plat map which shows the property I bought.   My plan is to first get a survey and then have an attorney send the homeowners a letter giving them 90-120 days to cease use of our property and to move the fence off of my property.  But I wonder if that's necessary.  If I get the survey, I should just be able to use my property as I like and move the fence myself.  Can you point me in the right direction to solve this problem?  Do I need to contact an attorney?
....and that night as the moon crossed the mountain, one more Coyote was heard...

Offline fish

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Re: Encroachment
« Reply #1 on: October 11, 2012, 12:38:21 AM »
don't be nice about it. you have to beware of adverse possesion also. from personal experience, be proactive and run the bastards off your property! put a dog pen with some shit eating dogs in it and put it on the patio they built.purple paint the perimeter and post it if need be. some people make it necessary to act harshly to settle an issue. the survey will settle the issue.

Offline tpgunbiz

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Re: Encroachment
« Reply #2 on: October 11, 2012, 04:11:10 AM »
Im curious as to an answer as well . I would have bulldozed their crap off the property already......So am curious as to the legalities of this situation.
Biscuit

Offline tpgunbiz

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Re: Encroachment
« Reply #3 on: October 11, 2012, 04:14:29 AM »
Im normally not a copy and paste guy......but found this...
Owning a home is like a rite of passage. If you have lived in an apartment or other type of sharing housing complex, moving into your own home is an appreciable advancement. Home ownership brings many freedoms and responsibilities. You can design your own landscaping, repaint and completely remodel the interior of your home as you wish. Your home is not just a declaration of your personal style in decorating but becomes a representative of you to your neighbors. However, all renovations must be within the guidelines of property encroachment law, including avoiding encroachment on public property and illegally taking adverse possession of property.
Property Limitations

Although owning a home brings freedoms that are unable with living in an apartment, home ownership also represents limitations when it comes to your property lines. Every single family home has boundaries. The boundary lines or property limitations for your home can be found on the specification sheet that lists all of the other details for your home such as room sizes and total square footage of your home. Familiarizing yourself with these specifications and knowing the limits of your property can save you hassles should you run into any problems with your neighbors about where your property ends and their property begins.
Understanding Property Encroachment

Property encroachment occurs when one property has its home or other piece of property owned by the homeowner such as a pool or bushes, extends from the one property to another. In some cases, when the encroachment exists before you purchase your property, the owner that has the encroachment is not required to remove it, particularly in the case of a house eave or addition that extends the original property into an encroachment situation. When you have an encroachment situation where an agreement cannot be reached, it will be necessary to take the matter to court and let a judge make an official ruling.
Encroachment Warnings

As with any matter that is of a civil nature, you cannot simply take matters into your own hands. Remember these warnings:

    You cannot simply remove an encroachment, even though it is on your property.
    Both you and the property owner with the encroachment on your property have rights.
    You may be prosecuted by the property owner with the encroachment if you destroy their property.

Encroachment Suggestions

When an encroachment stands over your property and you do not wish to let it say, consider the following suggestions before you take legal action against your neighbor:

    Have a face-to-face discussion and present the reasons why you want the encroachment removed.
    Take the time to listen to why your neighbor may want the encroachment to stay.
    Try to resolve matters peacefully and amicably.

In other cases, for shrubbery and fencing that can be removed, the encroachment does not have to remain if you donít want it on your property. It is wise, however to consider the impact that will be made if you force the other property owner to pay the costs to have landscaping or fencing removed.
Biscuit

Offline CrazedChris

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Re: Encroachment
« Reply #4 on: October 11, 2012, 12:09:46 PM »
I think it is usually best to have a a conversation with someone first, after all, you will be living next to these people, so you don't want to get on their bad side if it is not necessary. 

Offline Coyote

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Re: Encroachment
« Reply #5 on: October 11, 2012, 12:27:34 PM »
All good suggestions and I'll get the survey done first and then attempt to talk to the neighbors (who seem to never be around).  A big problem I have with it is them using my driveway when my liability insurance may be at risk.
....and that night as the moon crossed the mountain, one more Coyote was heard...

Offline kevinhillman

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Re: Encroachment
« Reply #6 on: October 11, 2012, 05:37:41 PM »
Coyote,

I have represented a few folks in cases like this.  I would encourage you to speak with the neighbor if that can be done and tell them of your concerns.  I have seen where the neighbors split the cost of the survey because they are not cheap.  If his buildings are found to be on your property, then you will need to figure out what to do.  Many times the solution is for them to pay for the property and transfer it, others it is to trade the land.  It also depends on how long the buildings have been on the property.  You do want to do something because if you know about it and do nothing, then adverse possession can take the property away from you.

Try and be reasonable and if that goes nowwhere, consult an attorney.  I would take no "self-help" remedies because that can open you up to potential legal liablity.

Kevin
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Offline Pete

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Re: Encroachment
« Reply #7 on: October 12, 2012, 04:53:16 AM »
I would start by finding something to put in YOUR driveway when they are gone, or just block their's in and leave a note, asking to talk with them. If that don't work go over with a bat and beat hell out of everything you can to make your point. Plan on a good stay in jail and big fine after that. Talking is cheeper. lol
If your going to be dumb, you better be tough!

Offline Eden

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Re: Encroachment
« Reply #8 on: October 12, 2012, 02:20:20 PM »
I've always understood that if a fence, building or lagoon, etc. is in place for 7 years without it every being brought to attention that it is on the wrong side of the property line....then the property line changes and it belongs to them or something like that. As for the driveway, unless they have an easement then they have no right there unless it is landlocked and then they have the right to use it as ingress and egress only - but again they have to get this done legally.
"Heaven has no rage like love to hatred turned, Nor hell a fury like a woman scorned"

Offline ~kathy~

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Re: Encroachment
« Reply #9 on: October 12, 2012, 08:39:28 PM »
I've always understood that if a fence, building or lagoon, etc. is in place for 7 years without it every being brought to attention that it is on the wrong side of the property line....then the property line changes and it belongs to them or something like that. As for the driveway, unless they have an easement then they have no right there unless it is landlocked and then they have the right to use it as ingress and egress only - but again they have to get this done legally.

we went to a meeting 1 time at the courthouse about fences and it is 10 years but can be taken to court and changed cause my in-laws place the fence had been moved way over 40 years ago so cattle could drink from both sides of the spring and when the place sold next to my in-laws it got surveyed and had to be put back on the line because it was never changed on the abstact or deed. As for easement we have 1 to get to our place and it states on our abstract it is ours to use for the life of the property. So you may just want to read on yours to see if there is anything in writing.
Go ahead and blame me....Everyone else does

Offline fish

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Re: Encroachment
« Reply #10 on: October 12, 2012, 09:24:28 PM »
check with an real estate  atty. Bruce Warren is a good one. I went through a land dispute a while back. the time is 7 years and you can be grandfathered in from the previous owners.

Offline Eden

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Re: Encroachment
« Reply #11 on: October 15, 2012, 01:24:17 PM »
The fencing laws recently changed and I hadn't read up on them....fencing is now 10, not sure of other things. http://extension.missouri.edu/explorepdf/agguides/agecon/g00811.pdf
http://extension.missouri.edu/explorepdf/agguides/agecon/g00810.pdf
Thanks Kathy.
"Heaven has no rage like love to hatred turned, Nor hell a fury like a woman scorned"

Offline Coyote

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Re: Encroachment
« Reply #12 on: October 15, 2012, 03:05:03 PM »
I don't think it's going to be so bad.  The encroachment actually involves 3 houses where the land property lines somehow got shifted by 30 feet.  There may be a 4th house, I'm not sure.  The guy who owns the house next door is actually renting it out and knows all about it.  He only bought it a few years ago.  Then the other guy next to him owns a pet salon which is encroaching on his property.  It stems from a mistake made by the city, so they want to get everything straight as well, but couldn't really do anything as long as the bank owned my house.  So I think it will work out.
....and that night as the moon crossed the mountain, one more Coyote was heard...