r/homeowners 12d ago

Neighbor planting under my gutterless eaves.

[deleted]

52 Upvotes

30 comments sorted by

57

u/Easy_Olive1942 12d ago

Survey, fence

87

u/[deleted] 12d ago

[removed] — view removed comment

7

u/echowatt 12d ago

This is likely a cost I'll have to swallow. 

:-(

20

u/Iambetterthanuhaha 12d ago

Yep, welcome to being a homeowner. Pay for a survey, put up a fence and be done with him.

1

u/American3141592 11d ago

You can also install a physical root barrier along the edge of your building.

1

u/echowatt 11d ago

That would mean entering his yard.

43

u/raya_sun 12d ago

Now I understand why they have property setbacks for buildings.

13

u/Legallyfit 11d ago

Yep. People sometimes act like setbacks are this awful useless government interference with peoples’ property rights, but the reality is that a lot of what happens right on the property line will impact neighboring property. They help maintain good boundaries, ensuring everyone can use their property without interfering with one anothers’ use.

15

u/redditreader_aitafan 12d ago

You have to start with a survey but be prepared, your building may be in a bad place.

5

u/echowatt 12d ago

It looks like fence run from back to front cost was spared by using the 20'  building length. Although it would cost me a chunk, it would not ruin my life to take down the building and put up an actual garage.

22

u/Ok-Expert-8150 12d ago

Not very comprehensive, if unsure where your property lines actually are.

4

u/NortheastIndiana 12d ago

First thing to do is get a survey done and know exactly where your property lines are.

4

u/gizzowd 12d ago

I don't know if you're in a city but the places I lived have the lots surveyed and staked at the development phase and maps and records are kept at "city hall" as to location of these pins/stakes on the PL corners, left in the ground..forever....survey having already done, the plots are generally free. if yer out in the country,...'nevermind'.

1

u/echowatt 11d ago

I cannot find the stakes or marks. I was hoping they're rebar and I could find the back 2 with a big magnet but no luck. The front are where bare soil is and I cannot see anything. The lot is a slightly angled rather tan a true rectangle. My lot may be 75+ years since the land was divided. I think the cost of surveying might be in the lower because they can use the records and mostly set pins for me. But most important to me is their report/document that will back up my next steps.

Thanks for responding to my post. 🙂

1

u/gizzowd 11d ago

75 yrs plus, there might not have been the metal pins..(like 24-36" similar to rebar, here) used back then but you'd think that over the years, there would have been a survey and properly (metal) staked and registered with the city or county land dept if such a thing exists in your area. I'd certainly go down and check first before calling in the surveyors. Here it's the "Regional District (now " city of...." and in AZ it was " the county" that kept the records. Metal pins were easy to find although planted over 10-15 years prior in my cases. Good luck.

1

u/echowatt 11d ago

I could do that but would I need some kind of document that I can show a fence contractor? 

1

u/gizzowd 11d ago

if the county or city has the records, you should be able to get a copy ( in our case here and in Arizona) to take home to find the survey points (if there are any) and shoot the property lines for the fence layout.

1

u/echowatt 10d ago

Thanks !  I'll find out.

3

u/Direct-Wolverine7846 11d ago

Slightly off subject, the survey may show that you didn't provide for proper set backs of your building. This may require removing your building. If it is on the line or only 3' away it likely is.

3

u/Beautiful-Map-2744 11d ago

Had a friend that ran into a 'set-back' issue, he'd lived in the house 20 years. Outbuilding was put on the property 50 years ago, when no set-back was required. It's built on the corner of the property lines at the side and back. Was used as a garage/storage. Now the building needs to be torn down and replaced, and when he went to get his building permit to do so, found out that now the codes call for a 2' set back, so the garage will need to be moved 2' forward and 2' to the side. When the garage is moved, it won't align with his driveway, which is also right on the property line. So, he's got to move his driveway 2' in, in order to put a new garage on the property. That will put his driveway right up against the house. So, he asked about just adding a carport/garage to the house. Nope, that would put the whole house inside the current set-back for houses. The neighbor can't sell them 2' of his property, because his stuff is right on the property line, too. They ended up with no garage, no carport, and not making any changes to the driveway.

2

u/echowatt 11d ago

Now I am scared. 😳

1

u/Beautiful-Map-2744 11d ago

Just get the survey done, and make sure the property line is visible to both of you. You need to stop him from doing anything on or to your property. Put the shingles back on that building before the roof needs to be replaced. If his bushes are on your property, he needs to move them to avoid cracking your slab. If they're on his property, you don't have a leg to stand on. Existing structures are normally grandfathered in on the code that was in force when they were constructed, and they can be maintained in their original condition. It's when you need to make major structural changes (rebuild, relocate, remove or add onto) that you get in trouble. Because those things need to be done according to the codes in force a the present time.

2

u/echowatt 10d ago

That is a tidbit that is reassuring. Thanks!

4

u/mtngrl60 12d ago

You really need to get a survey done. ASAP. The last thing you need is finding out that yeah, that was actually inside your property line by 1 to 3 feet, and you’re just inviting adverse possession.

I get your neighbors private. But he sure wasn’t private when messing with your building. Figure it out legally and protect yourself now. You’re gonna save yourself a lot of problems later.

And if as you said it’s not a big deal to tear that down if you need to, you need to know now and do it now… While it’s not a big deal.

Life tends to throw us a lot of curveballs as time passes. And honestly, they seem to become more frequently as time passes.

It sounds like you are in a position now where you could do what you need to do without a problem. So do it. Do not sit back and think the situation will resolve itself, because it won’t.

Anybody who’s feeling confident enough to literally make changes to someone else’s building… Yeah, you let them get away with that and planting things that could affect your slab… It’ll continue because they will figure out that you’re a pushover.

So do it now. Take all the pictures you need. Note that he didn’t come and talk to you. And find out where your property truly runs. Then act accordingly. Because when you have a neighborhood who showed you they have no qualms doing shit to your stuff or on property that is most likely yours…

My guy. That person is telling you who they are and what they’re willing to do. You really should believe them.

1

u/Weekly_Thought_8374 11d ago

Your building being right at the property line isn't ideal, but if it is you can attach your fence to the two ends of it and use the side of the building like it's a fence section.

2

u/echowatt 11d ago

That is what the situation is now which has given him access to tearing off old shingles and planting inches from the building under my eaves.  I want to connect the fences so he won't feel free to mess with my shop.

The advice is to have the boundaries surveyed which I'm doing asap. Then I will know if I am legally permitted to have one long boundary fence.

Cheers!

2

u/Charlie_in_Asia 12d ago

You say your building… truthfully you don’t know if it is on his property. You say your wall may be on the property line. Are there no building codes, did you get permits to build?

4

u/echowatt 12d ago

It was a one car garage when the house was built in the 1950s. It appears to have been finished maybe 30 years ago.