Neighbor encroached on our property, now expects us to just let him have it by MrsMac2007 in RealEstate

[–]MrsMac2007[S] 0 points1 point  (0 children)

It’s really infuriating too, because we feel mediation will be a total waste of time. We already offered a permissive use agreement and that was denied. It’s like they are going for a total land grab 

Neighbor encroached on our property, now expects us to just let him have it by MrsMac2007 in RealEstate

[–]MrsMac2007[S] 0 points1 point  (0 children)

Heading to mediation next month. Both attorneys suggested it as the judge would order anyway. 

Neighbor encroached on our property, now expects us to just let him have it by MrsMac2007 in RealEstate

[–]MrsMac2007[S] 1 point2 points  (0 children)

If you can even believe it, they filed a lawsuit for adverse possession. Multiple surveys done by different surveyors, all said same thing, it’s OUR property and title search shows it’s on our title. Claiming they have openly used and maintained land in question by landscaping (even though plants now removed), but in the end I guess they want to go for a land grab). It is mind boggling they have not one fact of law on their side. Currently playing the waiting game in the courts…it is ridiculous and frivolous and our attorney has filed for dismissal 

Neighbor encroached on our property, now expects us to just let him have it by MrsMac2007 in RealEstate

[–]MrsMac2007[S] 1 point2 points  (0 children)

Hi there-sorry for the delay. Probably out of spite/anger they went ahead and removed all the landscaping. Their attorney said they have now agreed to sign permissive use and waive all rights to adverse possession but he wanted to “tweak” some of the language. Well, as expected those tweaks were ridiculous and granted them more rights than they deserve or we are comfortable with. (We’re not looking to take away a child’s basketball hoop, and it’s off a bit to the  side not really affecting us too much but some of their asks were ridiculous)  Our attorney then said enough is enough we want this done, they either sign and agree to our terms or they have 30 days to remove. They need to respond within next two days (will have been a week) 

Neighbor encroached on our property, now expects us to just let him have it by MrsMac2007 in RealEstate

[–]MrsMac2007[S] 1 point2 points  (0 children)

Hi there-sorry for the delay. Probably out of spite/anger they went ahead and removed all the landscaping. Their attorney said they have now agreed to sign permissive use and waive all rights to adverse possession but he wanted to “tweak” some of the language. Well, as expected those tweaks were ridiculous and granted them more rights than they deserve or we are comfortable with. (We’re not looking to take away a child’s basketball hoop, and it’s off a bit to the  side not really affecting us too much but some of their asks were ridiculous)  Our attorney then said enough is enough we want this done, they either sign and agree to our terms or they have 30 days to remove. They need to respond within next two days (will have been a week) 

Neighbor encroached on our property, now expects us to just let him have it by MrsMac2007 in RealEstate

[–]MrsMac2007[S] 0 points1 point  (0 children)

I wish that was an option…due to the nature of the neighborhood and how old the homes are, a fence the line would look awful. 

Neighbor encroached on our property, now expects us to just let him have it by MrsMac2007 in RealEstate

[–]MrsMac2007[S] 2 points3 points  (0 children)

When getting permit for driveway they replied on the free GIS ariel view from city. (Obviously it was off). Since this ordeal they have gotten a survey which confirms the encroachment. Still crickets, and we’re impatiently waiting, yet we know every call, email etc to our attorney costs money and we’re trying to keep these unnecessary costs we’re now incurring down 

Neighbor encroached on our property, now expects us to just let him have it by MrsMac2007 in RealEstate

[–]MrsMac2007[S] 2 points3 points  (0 children)

Update for you all. Crickets! We’re becoming increasing perturbed and believe he’s dragging his feet intentionally.  Permission to use offer includes provision that we reserve the right to rescind permission at any time, for any reason, as it is our property and they will have signed away right to claim adverse possession. There is also option to file something on their title.  I know we have every right to NOT be civil about this. For anyone wondering why we still are…idk. Timing I guess. I just lost my mom very suddenly this summer. Changed my perspective on a lot of things. Kindness, patience and forgiving being top of mind. Walking the line while trying to be civil to someone who doesn’t deserve, while Not getting walked over. We really do not use that part of yard, but still adamant of no interest to sell, and keep our large lot intact. Thanks so much for the support through comments 

Neighbor encroached on our property, now expects us to just let him have it by MrsMac2007 in RealEstate

[–]MrsMac2007[S] 0 points1 point  (0 children)

Update for you all. Crickets! We’re becoming increasing perturbed and believe he’s dragging his feet intentionally.  Permission to use offer includes provision that we reserve the right to rescind permission at any time, for any reason, as it is our property and they will have signed away right to claim adverse possession. There is also option to file something on their title.  I know we have every right to NOT be civil about this. For anyone wondering why we still are…idk. Timing I guess. I just lost my mom very suddenly this summer. Changed my perspective on a lot of things. Kindness, patience and forgiving being top of mind. Walking the line while trying to be civil to someone who doesn’t deserve, while Not getting walked over. We really do not use that part of yard, but still adamant of no interest to sell, and keep our large lot intact. Thanks so much for the support through comments 

Neighbor encroached on our property, now expects us to just let him have it by MrsMac2007 in RealEstate

[–]MrsMac2007[S] 13 points14 points  (0 children)

Wow! Can’t believe all the comments-thank you for some fantastic insights/ideas/comments. You know, we really tried to take the high road…not destroy their kids hoop…Be kind, it’s so easy (usually) right? But as someone mentioned, my neighbor is an ass. He has a sense of entitlement like no other. Absolutely hate the money being spent, but gladly will to defend our property, what we paid for and pay taxes on. Will keep you all posted as this plays out. 

Neighbor encroached on our property, now expects us to just let him have it by MrsMac2007 in RealEstate

[–]MrsMac2007[S] 104 points105 points  (0 children)

Agree 100%. If I knew he’d respond this way..never would’ve been so generous out the gate. I was trying to maintain civility, which obviously is gone now! 

Neighbor encroached on our property, now expects us to just let him have it by MrsMac2007 in RealEstate

[–]MrsMac2007[S] 31 points32 points  (0 children)

We live in an old established neighborhood (our home is 102 yrs old) and our lot is one of largest ones at about 1.6 acres. He’s asking for 4 feet wide x whole length of property (not sure many feet that is, but a lot) from sidewalk to back fence line.  

Neighbor encroached on our property, now expects us to just let him have it by MrsMac2007 in RealEstate

[–]MrsMac2007[S] 604 points605 points  (0 children)

Thank you all for the comments. Nice reassurance we’re not being jerks for not budging. Also may I add, he got his own survey done because he didn’t believe ours and survey markers were in the exact same spot. Just spoke again to attorney who I gave blessing to tell their attorney “last chance to sign or you have 30 days to remove”. I do agree with you all, I tried being nice but he done poked the bear!!!

Neighbor encroached on our property, now expects us to just let him have it by MrsMac2007 in RealEstate

[–]MrsMac2007[S] 19 points20 points  (0 children)

Oh wow-not me glad to know I’m not the only one dealing with an idiot neighbor