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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That is the problem when tenants make improvements to property they do not own. I would even question if a TENANT has "the right to adverse possession". I believe that only the property owner would legally have cause for action and then probably only if drive under his direction. Another question may be is the access legal. In my community a permit must be acquired for any access that connects to a public street, usually accompanied by proof that you own the land.Even if he were granted "the right to adverse possession" by the court you may have cause of action for reimbursment if you can prove it adversly effects the value or use of the balance of your property. An example would be if a minimum lot size were required for placement of a home and loss of that property would make your lot too small thereby eliminating your only viable use for the land. Generally property rights lean pretty heavily toward the legal owner unless there are special circumstances even when "the right to adverse possession" is being considered. That doesn't sound like the case here. As mentioned an attorney could give you some direction on this. I've seen these types of disputes many times and they never end well. Try to negotiate. It will be hard to keep tenants in your property if the neighbor keeps driving them out. 0 -
I have Fee Simple Deed to my property. No adverse possession of property from neighbor. No recorded easements on Title. Neighbor has other access that can be made on their property. Looks to me like neighbor didn't do survey when they purchased and thought they owned more land than they did. They were wrong. I have current survey and their drive goes across my property approx 100 feet. At close I showed my Attorney survey and he said to block the drive immediately. Seller was ask if he gave permission for drive and replied NO. Seller lived in another town and didn't even know drive was on the property. Drive was not on the property when Seller purchased property two years ago. 0 -
I have seen this problem before and more than once. Consider that when the neighbor bought the property next to you the real estate agent may have given him bad information on the property line. If this is the case then the real estate agent/company is at fault. Let the neighbor/tenant direct their anger in the correct direction. 0 -
quote:Originally posted by select-fire
I have Fee Simple Deed to my property. No adverse possession of property from neighbor. No recorded easements on Title. Neighbor has other access that can be made on their property. Looks to me like neighbor didn't do survey when they purchased and thought they owned more land than they did. They were wrong. I have current survey and their drive goes across my property approx 100 feet. At close I showed my Attorney survey and he said to block the drive immediately. Seller was ask if he gave permission for drive and replied NO. Seller lived in another town and didn't even know drive was on the property. Drive was not on the property when Seller purchased property two years ago.
SOunds like you have your sucks in a row. Happy games!!!0 -
to avoid problems I would tell them they can have their gravel back, but they must remove it all within 2 weeks and put it wherever they want on their own land. Choice is theirs,..if they don't take the gravel, then they gave it up willingly. 0 -
quote:Originally posted by JustC
to avoid problems I would tell them they can have their gravel back, but they must remove it all within 2 weeks and put it wherever they want on their own land. Choice is theirs,..if they don't take the gravel, then they gave it up willingly.
Might be a nice gesture, but what do you think would happen IF their tractor turns over on my property and injures them? I took my Attorneys advice and notified them of closing. After the cussing he gave me, this guy and I are done. Can't help the idiot put gravel on someone elses property. Maybe his landlord told him he owned the property. Their problem not mine. Tenants come and go. I suspect his landlord and him will soon part. Guys with foul mouths don't last long with me and if he cussed me , sooner or later he will cuss his landlord.0 -
I have the same type of problem with my neighbor, to a lesser degree.
Make sure your survey points are concreted in the ground.
Try to be as nice as you can. If the neighbor wants to be nasty, take him to court. Good luck.0 -
Someone is going to have to do alot of shoveling![;)] 0 -
get a lawyer handy, have HIM draw up the papers needed then proceed from there and do as you wish. this way its official and you get a record for the courts if it does go that far 0 -
You know you are an adult when finding a septic tank is "cool."
My parents had a problem with a privacy fence not long ago. When we first moved into the area there was the sweetest little lady living in a little white house next door. We knew she was a doll and she was not bothered by the family with three kids (us) living so close. When she died the house went empty for a couple of years. Then her niece moved in. She is someone nobody would want anything to do with. She is filthy, has some sort of mental problem and is plain horrible. It wouldn't be so bad.....but she has children. Everyone in the community worries about the kids. Anyway, my parents property is about 5 acres...nice brick home...dogwoods going up the drive....white barn in the background. With the constant zoo going on next door...broke down cars...yelling...piles and piles of trash everywhere and the kids coming over to borrow things all of the time they decided to put up a privacy fence.
You would have thought they were slapping people in the face with the reactions some had. The property line was done by survey and the fence went up. They put garbage over the fence from time to time...police called and after about a year it hasn't happened anymore. I don't know why property lines are so vague for some...you either OWN IT....or you don't.0 -
quote:Originally posted by Locust Fork
You know you are an adult when finding a septic tank is "cool."
When I was a kid I would have been thrilled to find a septic tank... for different reasons [:D]0
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