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Property line issue

Posted: Tue Aug 25, 2020 5:21 pm
by FireAway
[Offensive language removed by admin LadyGeek]

I live in the country, lots are about 20 acres out here. My neighbor moved in about a year ago. He put up an RV pad with septic connection and power, close to our shared property line, so that his parents could live on the property (That's illegal here - only one residence per lot is allowed, and the permanently-parked RV counts as a residence.) I didn't say anything, cause, hey, they're his parents, and he sorta led me to believe it was just going to be parked there for short periods between their trips, and it's behind my barn where I can't see it from the house anyway.

Recently I've heard some construction, and I went down to check it out last night. They're extending a pre-existing detached shop/garage, and the extension comes to within maybe a foot or two of my property line! This work is unpermitted, and the required minimum setback here is 30ft. My barn, which this is behind, is 30' off the property line.

I'm a bit offended that they did this work, without pulling permits, in violation of setback, and without even talking to me about whether I'd mind. I can't see it from the house, but still I feel this will lower my property value. If the barn ever needs to come down, there it is, my neighbors shed/garage right on my (our) property line. I'm going to talk to him, but I'm not sure what can be done at this time. EIther I ask him to take it down (undoing many hours of work and thousands of dollars of material), or I try to be the 'good neighbor' and just live with this. If I let it slide and change my mind, I don't think I'd ever be able to get it removed - adverse possession and all that.

What would you do? [Offensive language removed]

Re: Property line issue

Posted: Tue Aug 25, 2020 5:26 pm
by BuddyJet
I'd probably be the passive-aggressive by saying nothing but call the code department for the area to report the violations.

Let them have the discussion, they aren't neighbors.

Re: Property line issue

Posted: Tue Aug 25, 2020 5:28 pm
by F150HD
there was a thread just like this a few months back, in fact I thought this was the same thread initially (RV parked on someones property becoming a residence)
This work is unpermitted, and the required minimum setback here is 30ft
Personally, I'd push the issue without a doubt. No reason in the world to be on 20 acres and have someone that close to your structures.

Re: Property line issue

Posted: Tue Aug 25, 2020 5:41 pm
by NotWhoYouThink
F150HD wrote: Tue Aug 25, 2020 5:28 pm there was a thread just like this a few months back, in fact I thought this was the same thread initially (RV parked on someones property becoming a residence)
This work is unpermitted, and the required minimum setback here is 30ft
Personally, I'd push the issue without a doubt. No reason in the world to be on 20 acres and have someone that close to your structures.
+1

Re: Property line issue

Posted: Tue Aug 25, 2020 5:47 pm
by Mako
F150HD wrote: Tue Aug 25, 2020 5:28 pm Personally, I'd push the issue without a doubt. No reason in the world to be on 20 acres and have someone that close to your structures.
This exactly. I have 2 acres and would never feel a need to be doing stuff several feet from the property line. I probably wouldn’t really care, I figure not my business, if he’s doing this (illegal) activity in the middle of his 20 acre lot, but he’s directly affecting your lot (at least the value).

Re: Property line issue

Posted: Tue Aug 25, 2020 5:55 pm
by delamer
Are you sure the work is unpermitted? Is it possible he got some kind of variance?

Re: Property line issue

Posted: Tue Aug 25, 2020 6:15 pm
by jm1495
Rules are rules. They are there for a reason. He’s TA for violating them.

Re: Property line issue

Posted: Tue Aug 25, 2020 6:30 pm
by bluebirdy
Report 'em instead of getting into a personal confrontation

Re: Property line issue

Posted: Tue Aug 25, 2020 6:39 pm
by Ron
He's probably tapping your electric by running an extension cord to your barn :annoyed ...

- Ron

Re: Property line issue

Posted: Tue Aug 25, 2020 6:40 pm
by FireAway
F150HD wrote: Tue Aug 25, 2020 5:28 pm there was a thread just like this a few months back, in fact I thought this was the same thread initially (RV parked on someones property becoming a residence)
Wasn't me. Also, it's not the RV I mind so much - eventually, that can and will go away - but a permanent structure is, well, permanent. That's what bugs me.

As for permits, I've checked with the county. No permits for the structure.

Yes, I can call the county and ask them to deal with it, but it would be obvious where it came from. I'm the only one that can see this work, other neighbors are 20 acres* and a lot of trees away. I could still do it, but I'd rather be up front about it. They are neighbors, after all.

*Yeah, I know that's not a measure of distance. You know what I mean :D

Thanks for the feedback!

Re: Property line issue

Posted: Tue Aug 25, 2020 6:46 pm
by delamer
FireAway wrote: Tue Aug 25, 2020 6:40 pm
F150HD wrote: Tue Aug 25, 2020 5:28 pm there was a thread just like this a few months back, in fact I thought this was the same thread initially (RV parked on someones property becoming a residence)
Wasn't me. Also, it's not the RV I mind so much - eventually, that can and will go away - but a permanent structure is, well, permanent. That's what bugs me.

As for permits, I've checked with the county. No permits for the structure.

Yes, I can call the county and ask them to deal with it, but it would be obvious where it came from. I'm the only one that can see this work, other neighbors are 20 acres* and a lot of trees away. I could still do it, but I'd rather be up front about it. They are neighbors, after all.

*Yeah, I know that's not a measure of distance. You know what I mean :D

Thanks for the feedback!
Seems that you have 4 possibilities;

1. Ignore
2. Report to county
3. Talk to neighbor and he cooperates by moving structure and getting permits for new location.
4. Talk to neighbor and he continues doing what he’s doing.

If you are going talking to him, the sooner the better.

Re: Property line issue

Posted: Tue Aug 25, 2020 6:49 pm
by AerialWombat
I'm only on half an acre, and have plenty of room to NOT run right against the property line. Just had a conversation two days ago with adjoining property owner. He came to me to discuss placing a new shed -- before he placed it. You know, like an adult and a good neighbor. Previous owner of my house placed a fence about one foot over the property line -- I removed it yesterday, no big deal.

Re: Property line issue

Posted: Tue Aug 25, 2020 6:58 pm
by mkc
There are deed restrictions and setbacks for a reason. If you are on good terms with the neighbor, I would point it out ASAP. You might suggest that when the place is sold in the future (by him or his estate), they might have to tear down the addition since it is in violation and a survey will turn that up. If not, report it to the county/municipality where the deed restrictions and setbacks are registers.

If you ignore it or allow it, there is a chance that will "grandfather" the structure in. It might cause an issue when YOU need to sell.

There is no reason, with 20 acres, for a structure like that to encroach on a property line.

Re: Property line issue

Posted: Tue Aug 25, 2020 7:00 pm
by ResearchMed
delamer wrote: Tue Aug 25, 2020 6:46 pm
FireAway wrote: Tue Aug 25, 2020 6:40 pm
F150HD wrote: Tue Aug 25, 2020 5:28 pm there was a thread just like this a few months back, in fact I thought this was the same thread initially (RV parked on someones property becoming a residence)
Wasn't me. Also, it's not the RV I mind so much - eventually, that can and will go away - but a permanent structure is, well, permanent. That's what bugs me.

As for permits, I've checked with the county. No permits for the structure.

Yes, I can call the county and ask them to deal with it, but it would be obvious where it came from. I'm the only one that can see this work, other neighbors are 20 acres* and a lot of trees away. I could still do it, but I'd rather be up front about it. They are neighbors, after all.

*Yeah, I know that's not a measure of distance. You know what I mean :D

Thanks for the feedback!
Seems that you have 4 possibilities;

1. Ignore
2. Report to county
3. Talk to neighbor and he cooperates by moving structure and getting permits for new location.
4. Talk to neighbor and he continues doing what he’s doing.

If you are going talking to him, the sooner the better.
Tricky. and some questions:

What is your current relationship with this neighbor?
Do your children all play together (well, pre-COVID)?
Do you play bridge or poker each month?
Barely see them to wave when driving near your house?
Or?

And... what is your suggestion of just what they could/should do, IF they'va already started construction?
Is there a way to stop the construction and continue in a different direction (e.g. north instead of west)?
Would it require a full stop/demolition of what they've already done?
Or...?

What is your Plan B (or C) for them, even if just in your mind? That is, what would it take to fix this?

RM

Re: Property line issue

Posted: Tue Aug 25, 2020 7:02 pm
by bottlecap
Neighbor's the problem, not you. It stinks, but it’s time to take a stand. Neighbor is likely to keep pushing it.

JT

Re: Property line issue

Posted: Tue Aug 25, 2020 7:05 pm
by BIGal
I would recommend taking care of the issue NOW. I experienced the adverse possession nightmare and lost the case. Long story. Either resolve the issue now or you will regret it I can almost guarantee it. See an attorney, pay the price, and get it done.

Re: Property line issue

Posted: Tue Aug 25, 2020 7:11 pm
by LadyGeek
I removed an acronym in the thread's title that is above our family-friendly threshold.

Re: Property line issue

Posted: Tue Aug 25, 2020 7:19 pm
by TallBoy29er
If you don't say or do anything, you will think about this issue non-stop, and it will drive you crazy every day. Doing nothing is not an option for your mental health.

Bad news and hard conversations do not get better or easier with age.

I hope it goes well.

Re: Property line issue

Posted: Tue Aug 25, 2020 7:41 pm
by Sandtrap
Go to your County Building Or Regulatory Web site.
There may be a section to enter an address. It will display any complaints as well as a history of permits, etc, that has taken place on a property.
There is also a section for unanimouse complaints. Enter the addresss in question. Enter suspected category of potential violation.
Click Enter or Submit.
Wait.

(optional)
Enter your own address and a complaint for something that you dont have issues with.
It will be checked on and the inspector will find nothing.

Building dpts are complaint diven and all must be followed up on.
If 2 addresses near to each other the inspector will check both.

Strongly Suggest not getting personally involved.
Avoid confrontation. It can only get worse.

If asked by the neighbor if you called in the complaint.
Responses:
Gosh no. I hope I dont get reported as well.
why would I do that, Im your neighbor.
What? I got a complaint too. Maybe they're checking the area.
I would talk to you about anything first. Thats not my style.
What? You too? I got the same thing last year.
I was going to ask you the same thing. The inspector checked me too.
Not again. I got checked on last year.

j :happy

Re: Property line issue

Posted: Tue Aug 25, 2020 7:50 pm
by prudent
If your post was removed, it was because it used language above our threshold, which includes acronyms.

Re: Property line issue

Posted: Tue Aug 25, 2020 8:43 pm
by 123
You should report it to the code enforcement people in your area. If you don't stop the neighbor he will likely continue to encroach upon your property (If he doesn't respect a setback requirement that is effectively an encroachment). It's time to let him know that it's expected for people in the neighborhood to follow the rules.

Re: Property line issue

Posted: Tue Aug 25, 2020 8:46 pm
by F150HD
^^^^ and please keep us posted on the outcome.

Re: Property line issue

Posted: Tue Aug 25, 2020 9:13 pm
by Mudpuppy
Do you have a survey that clearly shows the property line? Not markers out in the field or a fence line, but an actual professional survey paid for by you or the prior owners. That's almost always the first question in Reddit LegalAdvice on these sorts of posts. Make sure you are absolutely correct about the property line first, before you take any action. You'd hate to start something only to discover you were wrong about the property line and your barn is in violation of the setback requirement, for example.

How to handle things once you're sure of the property line varies from a friendly "Hey neighbor, I noticed your new project. You do know it's too close to the property line right?" all the way to reporting it to the code office and even filing a lawsuit about it. It's up to you to decide which avenue is your first one.

Re: Property line issue

Posted: Wed Aug 26, 2020 1:09 pm
by forgeblast
We live in the country and there is no set back for buildings. And if its a farm structure under 1k square feet no permit is required.

If you have to have permits to do any construction then report them or talk to them. Depends on the relationship you have with them. If they are knuckleheads let the county deal with them. Might want to get a survey done too unless its clearly marked.

Re: Property line issue

Posted: Wed Aug 26, 2020 1:18 pm
by Jack FFR1846
forgeblast wrote: Wed Aug 26, 2020 1:09 pm We live in the country and there is no set back for buildings. And if its a farm structure under 1k square feet no permit is required.
This is very town driven. I'm only on a bit over 13 acres because I sold a neighbor half an acre some time ago. This was because there's a setback requirement and our town doesn't grandfather anything. The neighbor's house, like lots on my street started as a small lake house and expanded and expanded and expanded over the last 100 years. Once the codes were implemented, the neighbor, whose corner of the house was 6 feet from the border literally had to file for a variance and the town would hold a public hearing when they wanted to change kitchen cabinets......because the cabinets were too close to the boundary. Anything in my town.....even installing a new dishwasher requires a permit.

If a neighbor was doing this next to me, I'd call my town's building department and ask them to come take a look. I'd then make the boundary line very clear (I know exactly where it is.....sort of hard to move 300 year old stone walls).