Tenant is mad .. real mad... real real mad
Closed on a property two days ago. Vacant lot in subdivision. Lot has a drive going across it which my current survey shows. It has been there for almost 2 years. It does not have a recorded easement on my property. Neighbor who lives next door put a drive across my new lot. They have other access to the property. I spoke yesterday to them to see if they were buying the property or just tenants. I told them their landlord would be notified their access would soon be denied from my property. Tenant blew a major gasket and got real mad saying I had better not close the drive he put in and paid $500 for..Certified letter went out to the Property owner this morning. The tenant also got a copy today.
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he can blow anything he wants...he's the one who crossed property lines. looks like you get a $500 drive. 0 -
I believe you are in the right. However, it may cost you some money in the long run. There is a seven year rule (law) around here based on English common law, not statute. If you let someone access their property through your property for 7 years, they have the right to continue to do so. We talked to a lawyer about it regarding some property we were looking at, and he said we'd best not push it. But don't take advice from anyone except a lawyer. A consultation visit will not cost much for the peace of mind you will get. 0 -
Sounds like the tenant doesn't have a whole lot of "smarts". 0 -
I believe you are in the right. However, it may cost you some money in the long run. There is a seven year rule (law) around here based on English common law, not statute. If you let someone access their property through your property for 7 years, they have the right to continue to do so. We talked to a lawyer about it regarding some property we were looking at, and he said we'd best not push it. But don't take advice from anyone except a lawyer. A consultation visit will not cost much for the peace of mind you will get.
Yes I have heard that 7 year rule being upheld down here in the south.
But, that driveway has been there only 2 years.
Dumb asses to build a driveway on land they don't own.0 -
Free gravel! 0 -
Is this going to be your new place of residence? If so, its gonna be a real fun neighborhood, with already pi$$ed off neighbors. I ain't saying you're not in the right, just and observation. 0 -
SF- We had a local murder take place over this same type of issue.
Don't let it get that far.
"Melvin Grimes and nurse Elizabeth Grimes of Carmel Valley, apparently capping a years-long dispute over unpermitted additions the Grimes' had made to their home as well as the exact borders of a driveway they shared with neighbor John Franklin Kenney. Kenney, who ordered a boulder placed in the midst of the contested egress, allegedly ended up shooting the Grimes in the ensuing melee, and was charged with double murder."
Sad part if I recall the sheriff was present when the boulder was placed. Don't recall how it escalated to that point but it got real ugly and the home owner was in the right blocking off the driveway.0 -
quote:Originally posted by allen griggs
I believe you are in the right. However, it may cost you some money in the long run. There is a seven year rule (law) around here based on English common law, not statute. If you let someone access their property through your property for 7 years, they have the right to continue to do so. We talked to a lawyer about it regarding some property we were looking at, and he said we'd best not push it. But don't take advice from anyone except a lawyer. A consultation visit will not cost much for the peace of mind you will get.
Yes I have heard that 7 year rule being upheld down here in the south.
But, that driveway has been there only 2 years.
Dumb asses to build a driveway on land they don't own.
I don't believe the "Right of adverse possession" law applies here as it hasn't been there long enough to meet most states' requirements.0 -
Open, notorious and constant adverse possession and use is FUN. It equals free land! I practice it all I can. Encroachment practiced to a fine art. 0 -
I know its hard to not be mad as heck when you have a neighbor that is an IDIOT and they do things like this.....BUT
It really is going to be to your benefit if you can find a way to get your new neighbor to understand your point without starting a war between yourselves. Just get as calm as possible...and give him a call. Even if you have to lie and say you have plans that would prevent the property from having that drive in it. Its going to be a never-ending headache if you have problems with him and you really want to avoid those types of headaches if you can.0 -
Good fences make good neighbors. A row of screening trees might be a good idea. Define your property line now.
Adverse possession should be more like seven years.
Let the courts handle the trespass and driveway removal issues This jerk sounds like my neighbor's brother who only understands English when it comes from a judge. I went through the same thing, got a Skidsteer in, reclaimed a foot of property, trimmed some of his blacktop and put a fence in.
Because of his threats of bodily harm, the judge gave him and his wife
6 months of probation.
Dont let grass grow on this matter.
Threats may have constituted assault.
Get on record with this as it might dampen his enthusiasm for future
trouble making.
We had a shooting fatality,locally on a small property line issue between two farmers.0 -
I live about 3 mile from the place. My letter to the tenant and landlord said I gave them five days from today to stop using the drive. Then I will drive fence posts across the access point . If the landlord or tenant remove the posts then I will do a trespass with a deputy present to the tenant. Next time they use the drive or remove the posts they will be arrested. Done deal. Tenant put the drive across my property cause they didn't know the boundaries. Plenty of frontage for them to use across their own property. 0 -
Wow. No great outcry for you to be a nice guy to the neighbor's tenant.
If you were a "nice guy" you would scrape up the gravel and pile it up for them.
Then again, who the heck is this ignorant SOB to think he has the right to make a lane on a piece of property he doesn't even own. He doesn't own jack. Screw him!0 -
select-fire: Are you going to build a house and rent it out?
We have looked at doing that and the numbers weren't too good.0 -
quote:Originally posted by FrancF
SF- We had a local murder take place over this same type of issue.
Don't let it get that far.
"Melvin Grimes and nurse Elizabeth Grimes of Carmel Valley, apparently capping a years-long dispute over unpermitted additions the Grimes' had made to their home as well as the exact borders of a driveway they shared with neighbor John Franklin Kenney. Kenney, who ordered a boulder placed in the midst of the contested egress, allegedly ended up shooting the Grimes in the ensuing melee, and was charged with double murder."
Sad part if I recall the sheriff was present when the boulder was placed. Don't recall how it escalated to that point but it got real ugly and the home owner was in the right blocking off the driveway.
I don't know how much national attention it got, but a few years ago up in Granby, Colorado, a guy built his own tank out of a front-end loader and started destroying the town. He was killed.
The reason for his rampage culminated from a dispute over a driveway...0 -
Its your property now, it was never his. It could have been a simple mistake, it could have been the former owner of the property allowed it. I think the proper thing to do would be to give him ample time to shovel up his own gravel, and make himself a new driveway. Might not even hurt to help out on this. There is nothing wrong with a person making as much money as they can, there is nothing wrong with being a landlord. The end however does not justfy the means. 0 -
Spaniel your absolutely right! They started calling the front end loader KILLDOZER! He wanted to open his own mufflershop, and this other guy bought all the property around his shop, and then they wouldnt let him connect to the sewer, or build a driveway to his shop, the guy who bought the property around him was starting a concrete making business. He was very unreasonable about letting him connect to the sewer because he wanted him out. Little guy was being pushed around by the big business owner. inside his KILLDOZER there was a .308, a .223 galil, a mini 14, and he eventually hilled himself with a ruger .357. he had mounted cameras on the outside, because he completely welded steel with a layer of concrete in between more steel to the oustsied, he couldnt see out except for the camera. Guy was a genius welder, beautiful welds! RIP KILLDOZER! 0 -
quote:Originally posted by Fatboy lives
Its your property now, it was never his. It could have been a simple mistake, it could have been the former owner of the property allowed it. I think the proper thing to do would be to give him ample time to shovel up his own gravel, and make himself a new driveway. Might not even hurt to help out on this. There is nothing wrong with a person making as much money as they can, there is nothing wrong with being a landlord. The end however does not justfy the means.
If the tenant hadn't cussed up a storm on me that would have been what I would have done. My Kubota was in fact on site at another lot. I would have cut his new drive and put that gravel on it free of charge. Now since he is a jerk all bets are off.. I will use the gravel on my new driveway.0 -
Dollars to donuts you haven't settled this aggressive guy's behavior with the letter and demising stakes.
File your complaint now and let the judge rattle his cage.
There's plenty of damage he can do between now and the time you've got your new tenant in.
Get trespass judgements for both properties.0 -
quote:Originally posted by select-fire
quote:Originally posted by Fatboy lives
Its your property now, it was never his. It could have been a simple mistake, it could have been the former owner of the property allowed it. I think the proper thing to do would be to give him ample time to shovel up his own gravel, and make himself a new driveway. Might not even hurt to help out on this. There is nothing wrong with a person making as much money as they can, there is nothing wrong with being a landlord. The end however does not justfy the means.
If thats the case, then you've done what you could. However when you post this quote" I told them their landlord would be notified their access would soon be denied from my property. Tenant blew a major gasket and got real mad saying I had better not close the drive he put in and paid $500 for..Certified letter went out to the Property owner this morning. The tenant also got a copy today." without mentionting what you just said, it does make one wonder.
If the tenant hadn't cussed up a storm on me that would have been what I would have done. My Kubota was in fact on site at another lot. I would have cut his new drive and put that gravel on it free of charge. Now since he is a jerk all bets are off.. I will use the gravel on my new driveway.0 -
quote:Originally posted by SuburbanNoize
He wanted to open his own mufflershop, and this other guy bought all the property around his shop, and then they wouldnt let him connect to the sewer, or build a driveway to his shop, the guy who bought the property around him was starting a concrete making business. He was very unreasonable about letting him connect to the sewer because he wanted him out. Little guy was being pushed around by the big business owner.
None of which was any kind of justification for the lives this wacko put at risk, or the damamge to property he caused. I'm not nearly as impressed with his skills as a welder as I am disturbed by the fact that he was a suicidal sociopath who cared more about being "wronged" than he did for the lives and property of his neighbors.0 -
Don't be an idiot; find a LICENSED SURVEYOR to do a boundary retracement to define your property line. If you decide to take the matter to court; you will have a legal document showing exactly where the drive is and where your property line is.
Adverse Possession can be proved in less than 5 years, and in as little as 2 in a few cases. The neighbor made "improvements" to a vacant lot of unknown ownwership, paid money for it, and is entitled to be reimbursed if he did it in good faith or thought that it was a portion of his lot. Maybe he put it in to keep from driving over his new septic tank, or some other reason; the point is that without a VERY recent survey, you might have to let him use it until you can prove that it's your land. If the tenant put it in without the landlord's permission or consent; HE is in the wrong IF it's on your land.
BTW- the piece of paper you got at closing is NOT a survey; it's only a description of the plot and any encroachments/easements, and is called a Surveyor's Inspection Report (as required by ALTA and other Title entities). And for God's sake; don't plant trees along your property line, it just makes it much more expensive to survey after that.0 -
I have news for you. I had a licensed surveyor do the properties PRIOR to purchasing. I know where the iron stakes are and they are clearly marked. The seller had the property 2 years and did not give permission or have a recorded easement to the other property with the county recorded. Neighbor loses. 0 -
Illinois it is 7 years of use of a piece of property before a person can make a claim. For instance, the road use to go straight south at my house. Several decades ago a change was made. The road know curves to the west and goes a quart mile to the next road. Technically, the outside of the curve that joins my lot is part of the field across the road.
If I wanted to buy it so I had more frontage, I would purchase from the field owner across the road. Unfortunately, my next door neighbor has ran his sheep on the small triangle piece of property at the roads curve. He could make the argument that he has used the property and has rights to it. In Illinois, after 7 years of using the property that is not his, he can make a claim to it.
After all that, I really don't think the next door neighbor would go through the legal fees for a 1/4 of an acre.0 -
quote:Originally posted by Dennis Smith
I've always wondered why the lawyers on board never contribute when there are legal questions. [8]
Because there are legalities involved, silly.[:D]0 -
quote:Originally posted by select-fire
I have news for you. I had a licensed surveyor do the properties PRIOR to purchasing. I know where the iron stakes are and they are clearly marked. The seller had the property 2 years and did not give permission or have a recorded easement to the other property with the county recorded. Neighbor loses.
Its good that you caught that and acted to close it off before it became a easement in accordance with the city laws.
The best way to have handled it would have been to notify both the landlord and tenet by certified mail, maybe twice, and then have it closed off. Give them notice and then act to close off your property.
Why would a tenet in a rental property ever spend his/her own money to build a driveway???? That is a bit nuts, in my opinion! I hope it was not a paved drive, or concrete!0 -
County easements cannot be had unless the party owning the land reliquishes it to the other party. No easement was on the property prior to purchase or it would have shown up on the title search. I am not granting any easement rights to the landlord. 0 -
Not to steal you thunder, but another American family that lived 2 doors down from me in our townhouse row in Germany bought the house they were living in instead of renting like most of the Americans there. He did a survey and the house next door - a German who was renting's - fence was about 6 inches onto the American's property. The American guy sent a registered letter notifying him about the incursion but saying that he was not going to do anything about it. The letter was required in order to protect his rights/property in the future. The German took it all the wrong way, a feud started and the American resolved it by uprooting the fence one day and putting it entirely on the German's property. The while thing kind of fizzled out after that.
I wish you luck over this incident. Hopefully the guy doesn't make life bad for your tenent!0 -
quote:Originally posted by Dennis Smith
I've always wondered why the lawyers on board never contribute when there are legal questions. [8]
Several times Matty has told me to pound sand. Don0 -
quote:Originally posted by Dennis Smith
I've always wondered why the lawyers on board never contribute when there are legal questions. [8]
Maybe because they have nowhere to send the bill. ?!?
"" To (insert GB-username here) ""
"" USA ""
Or perhaps making a call on a case based on limited facts, can turn the case - if case is lost.. they might get countersued for giving bad advice. ?!?0
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