close

Privacy guaranteed - Your email is not shared with anyone.

Don't take the law into your own hands.

Discussion in 'The Okie Corral' started by Batesmotel, Aug 10, 2012.

  1. Batesmotel

    Batesmotel

    Joined:
    Apr 5, 2007
    Messages:
    15,968
    Likes Received:
    3,127
    Location:
    Utah
    Short version of the story...

    A guy buys a house and 5+ acres of horse property. Finds the original blueprints and survey. Discovers the neighbor has built the fence about 5-6 feet on his side of the property.

    Options:

    #1 Go talk to the neighbor
    #2 File a legal action to have the fence moved
    #3 Rip it out yourself

    You guessed it, he chose #3. Only to find out the original survey was not the most recent survey. The previous owner and the neighbor had put in the fence and moved the property line to avoid a right of way for an irrigation pipe.

    New owner is SO screwed. the neighbor is refusing to allow any of the original fencing (bent) to be used. The back half is chain link but the front half is welded pipe in a post and rail configuration. The guy must hire a contractor and have equivalent fencing installed immediately. A lien has already been filed on the neighbors property by the court. Work must be completed by Sept 1.

    Anyone want a house? I see this one on the market real soon. :rofl:
     
    Last edited: Aug 10, 2012
  2. devildog2067

    devildog2067

    Joined:
    Apr 20, 2005
    Messages:
    16,322
    Likes Received:
    1,116
    Location:
    Chicago

  3. Batesmotel

    Batesmotel

    Joined:
    Apr 5, 2007
    Messages:
    15,968
    Likes Received:
    3,127
    Location:
    Utah
    What one hot head and a backhoe can do.:whistling:

    One of the perks of being a realtor is hearing some real fun stories.
     
    Last edited: Aug 10, 2012
  4. Chuck TX

    Chuck TX CLM

    Joined:
    Jul 11, 2003
    Messages:
    6,243
    Likes Received:
    451
    Location:
    Republic of Texas
    Geez. That's one way to get to know the neighbor. :rofl:
     
  5. ray9898

    ray9898

    Joined:
    May 29, 2001
    Messages:
    14,662
    Likes Received:
    2,100
    Location:
    Georgia
    I love when stupidity is punished.
     
  6. Cubdriver

    Cubdriver

    Joined:
    Aug 8, 2005
    Messages:
    3,410
    Likes Received:
    1,075
    Location:
    Southeastern Litchfield County, CT
    Fire, ready, aim... Wow, how to make a good first impression, huh? What a maroon.

    -Pat
     
  7. Brucev

    Brucev

    Joined:
    Jul 19, 2009
    Messages:
    9,189
    Likes Received:
    6
    Sooner or later a man given to temper will face the hard consequences. The prophet spoke to this sort of thing... "Stupid is as stupid does."
     
  8. smokin762

    smokin762

    Joined:
    Apr 19, 2009
    Messages:
    5,250
    Likes Received:
    4
    Location:
    Ohio
    A coworker told me a couple of weeks ago, that his parents bought some property years ago and just haven’t done anything with it yet. He told me, they decided to go there to look at it again that past weekend.

    He said there was a new barn built on the property. I asked him if it was his parents and he said, they never had a barn built.

    I’m curious to see how that turns out. I told him I would sell the property with the new barn. :supergrin:
     
    Last edited: Aug 10, 2012
  9. davsco

    davsco

    Joined:
    Feb 27, 2011
    Messages:
    613
    Likes Received:
    76
    well clearly he shoulda discussed with the seller and the neighbor first.

    but when he bought, a survey should have been done and the fence should have come up IF it was an issue. if the survey was done wrong, he may be able to make a claim against the surveyor and/or title insurance.

    or it may not be his problem if the neighbor and seller did a side agreement and never recorded it.
     
  10. ron59

    ron59 Bustin Caps

    Joined:
    Jan 3, 2009
    Messages:
    6,927
    Likes Received:
    21
    Location:
    Smyrna, GA
    Surveyors aren't required to be called out just because a house sells. OP also stated there was a newer survey done, he just came across an older copy. Nothing u said is relevant.
     
  11. silentpoet

    silentpoet

    Joined:
    Jan 11, 2007
    Messages:
    27,298
    Likes Received:
    12,517
    Location:
    This Old Caddy
    Depends on how many years ago the barn was built.
     
  12. mhambi

    mhambi κολασμένος

    Joined:
    Sep 25, 2001
    Messages:
    13,062
    Likes Received:
    3,282
    Location:
    215
    <<---Title/Escrow


    We see some good ones. :rofl:
     
  13. dbcooper

    dbcooper

    Joined:
    Mar 2, 2011
    Messages:
    1,138
    Likes Received:
    2
    After my stepfather passed a survey showed that a neighbors den he had recently added to his house was 7ft into what was now my property. When he asked what we were going to do I said I figured I'd lease it to him for 50 bucks a square foot or he could just tear it down. The look on his face was priceless, when I smiled and started to laugh he managed to not have a heart attack. I sold him the section of the property for a buck and a grilled porterhouse.
     
  14. larry_minn

    larry_minn Silver Member Millennium Member

    Joined:
    Dec 16, 1999
    Messages:
    10,216
    Likes Received:
    1,446
    Location:
    Minnesota
    There are TONS Of strange laws, and many surveys are "off" I bought some land. It was off by @ 15' for @3000' the other side was off by also @ 15' for 3k feet... So it evened out. The checked the next piece/next/next to road and other side to swamp. Every line was off @ 15' But everyone has about the amount of land. so I let it go.

    Another person put up a fence on anothers land (roughly 20') They didn't realize it for yrs. When they did the "claim jumper" said that because they had NOT taken action for 5-7? yrs (I forget exactly) he owned land.
    Same with field roads. I move the field road on my land every yr. Just a couple feet. Just to avoid that possiblity. (There is reason for neighbor to drive it to get to his field)
     
  15. Gregg702

    Gregg702 Gold Member

    Joined:
    May 1, 2010
    Messages:
    8,215
    Likes Received:
    326
    Location:
    Las Vegas
    You are a gentleman. I would not have settled for less then $100 and a bottle of Single Barrel Jack.
     
  16. Batesmotel

    Batesmotel

    Joined:
    Apr 5, 2007
    Messages:
    15,968
    Likes Received:
    3,127
    Location:
    Utah
    In Utah if you close the road for at least 24 hours a year you avoid the possibility of a prescriptive easement. Many people do 72 hours over a weekend in the middle of winter as to not inconvenience anyone but still keep total control of their land.
     
  17. Bren

    Bren NRA Life Member

    Joined:
    Jan 16, 2005
    Messages:
    44,867
    Likes Received:
    13,528
    Location:
    Kentucky
    Being stupid comes with a price.
     
  18. Bren

    Bren NRA Life Member

    Joined:
    Jan 16, 2005
    Messages:
    44,867
    Likes Received:
    13,528
    Location:
    Kentucky
    Might be a problem. Google "adverse possession." In most states, you build a barn on somebody's land without permission and keep it there long enough, you become the owner of at least part of their land.
     
    Last edited: Aug 11, 2012
  19. RottnJP

    RottnJP Lifetime Member

    Joined:
    Feb 1, 2005
    Messages:
    1,945
    Likes Received:
    0
    Location:
    CT
    You're a nicer man than I...

    I'd have charged him full market plus an idiot fee.

    Even for a friend I would have charged something close to market value, plus steaks and beer/liquor.
     
  20. RonS

    RonS Millennium Member

    Joined:
    May 27, 1999
    Messages:
    14,351
    Likes Received:
    4,449
    Location:
    Oh, USA
    We had a neighbor once who built on the property line and violated the setback. The city refused to accept his property tax payments until he removed the addition. Sneaky and underhanded but effective. Could have been avoided by applying for a building permit.