my neighbor's have been using 3' x 150' of our land. We got a survey but they removed the markers and planted?

Question

They gave a small amount of money to the previous owners for the use. We had not knowledge of this. He is a landscaper and built the retaining wall and fence for us. When we questioned if our land went over further he became upset and said no. We got a survey and when the markers were put on his side of the fence he removed them. He has now planted trees and buildings on the fence claiming it is grandfathered in. He also expanded his pool within two feet of the fence. Can we take our property back?

Answer 1

It is a crime to remove survey stakes. You should definitely consult a real estate attorney to enforce your property rights.

Answer 2

File in civil court.



If your neighbor did not record this transaction on your property deed, then it is between him and the previous owner.



So.. get a lawyer and demand that the trees, buildings and fence be removed from your property.



Don't wait... if you allow this to continue you might have trouble getting your rights back later.



ps...there is no such thing as having a property infringement "grandfathered". Unless he means adverse possession..which requires that he prove a 20 year history of use "without consent or knowledge of the true owner"...this was clearly not the case.

Answer 3

Does the neighbor have an easement, signed by the previous owners and filed with the property assessors office? If not, you need to sue them asap. They may gave taken the markers down, but you have a paper copy of the survey. The neighbor may have paid the previous owner but that agreement is no longer valid UNLESS they have the legal easement

Answer 4

you need a lawyer. If even you lose, I'm betting your zoning board have set back lines so he can't build within some many feet of the property line.



You have a strong case. He paid the other owner money to use the property. He didn't just use it because he assumed it was his, he knew it wasn't.

Answer 5

Are those those that keep announcing that they fail to work out the question blind or in basic terms stupid? I rad the completed problem even your updates. do no longer likely care approximately what your associates might or will possibly no longer be doing. yet so a strategies as your canine getting stabbed with a pitchfork. That in basic terms sucks! I had some acquaintances cease over, one to look at my roof and the different in basic terms stopped by ability of and interior of a nil.5 hour possibly my youngest canine have been given stabbed with what i've got self belief became a pitchfork. he has a hollow in his rear leg. I even have 2 acres and my 3 residing house canines do no longer proceed to exist my belongings in any respect. it relatively is a real problem for me, yet cant have sufficient money to place a fence up. My canines like me do in comparison to him in any respect and that they bark at him. they might in no way chew every person, I heard my canine yipped and observed him limping and went over to ask him what he hit my canine with and he mentioned that he did no longer touch him. Then my spouse tells me that my canine is bleeding. After watching it i've got self belief that it became a pitchfork considering the fact that his son is spreading hay with a fork. i decide for to pass over and beat the residing tar out of him, yet have somewhat extra sense than that. thinking if I ought to call the police although. undecided if or what the hire regulation is right here beings everybody's canine surprisingly plenty runs unfastened around right here. Any suggestions/ Did you call the regulation/

Answer 6

When you buy properties now there is something called title insurance. This sometimes eliminates extensive investigation that lawyers need to do in case of a sale of property. But this is also what they use to resolve things of this matter quickly. You do still need to consult the lawyer you used in purchasing this property.

Answer 7

They are trying to win your property through a sneaky process. You need to enforce your rights in court ASAP. Find a competent and ethical and experienced attorney to assist you at once!

Answer 8

sue your last owner who sold you the home !!!!!!!!!!!!!!!!!!!



if it's not in the paper work :)