It sounds to me as if the neighbor is unhappy for some reason with his house and the sale from the original owner. He may want more than money since it he keeps pushing his new neighbor to sue the previous owners. Of course, it could just be his way of convincing himself that he is not an ass who is making enemies of his new neighbors. This is not enough money to be worth having neighbors who dislike you.
Jennifer ----- Original Message ----- From: Bob Kennedy To: [email protected] Sent: Friday, January 08, 2010 10:15 AM Subject: Re: [BlindHandyMan] property dispute Well doctor Dan, you are exactly right. Having worked for a mortgage company where I removed liens from properties, which involved title searching, this will not fall under a title search. However, on the legal description of the mortgage is, or should be, the boundaries of the property. It will need to include a survey to be official. I haven't been following this thread from the beginning but I can tell you this about building. Every town has codes in place. Come on, it's government after all... In that list of codes is a set back requirement. This is the legal limit on how close you can build to your own, not your neighbor's property line. An example of the strange for you is where I live. A garage or out building must be at least eight feet from the property line unless the structure is on the North side of the property then it must be nine feet from the line. Have no idea what is so special about the North side, but this is Dixie after all and I'm sure it goes back about 145 years or so... The only time, and I'm not a lawyer either, but the only time I can think of when this would be exempt is if the carport was built before the neighbor bought the property. If he had a survey completed and nothing was done at that time it could be grandfathered in. But that is a very gray area of real estate law and all the what ifs in the world won't change a thing. It has to be settled by attorneys to make it legal. And then if the carport is allowed to stand, there will have to be an easement recorded to show any future disputes it is in fact legal. Keep in mind these laws change from town to town and it's impossible for anyone to know what the law is without going to the building inspector and getting a copy of the code. I hope this makes things perfectly unclear. ----- Original Message ----- From: Dan Rossi To: [email protected] Sent: Friday, January 08, 2010 9:46 AM Subject: RE: [BlindHandyMan] property dispute I have no legal background, so am talking out of my ass. Firstly, this does not sound like a title claim. I thought a title claim was to ensure that you own the home outright, with no leans or delinquencies against the property. I did not think the title search covers issues such as this. Secondly, the neighbor certainly is within his right to ask to have the car port removed from his property, or be compensated for the loss of his property, assuming the car port hasn't been there for whatever the specified period of squatting time is. However, if he doesn't wish to have the car port removed, or sell his part of the property to your daughter, I don't see why he has any claim to request repayment for his expenses. I think he can request until he is blue in the face, but not sure there is a legal ground to his request. Unfortunately, the way to find this out definitively, especially since there may be local considerations to take into account, is for your daughter to hire a lawyer. So you would have to way the difference between paying the neighbor, or paying a lawyer to tell you you don't have to pay the neighbor. Either way, sounds like the lawyers are the one's making the money on this deal. Sorry Cliff. *GRIN* -- Blue skies. Dan Rossi Carnegie Mellon University. E-Mail: [email protected] Tel: (412) 268-9081 [Non-text portions of this message have been removed] [Non-text portions of this message have been removed]
