• Welcome to OGBoards 10.0, keep in mind that we will be making LOTS of changes to smooth out the experience here and make it as close as possible functionally to the old software, but feel free to drop suggestions or requests in the Tech Support subforum!

ATP: How should I confront this potential land/property-line dispute?

vtwhat etc

Historically Competitive
Joined
Mar 15, 2011
Messages
5,257
Reaction score
1,813
Location
Richmond, VA
Hello friends!

I'll try to spare you the dirty deets, but my wife and I purchased a house we'd already been living in for a few years around March '18.

Our next-door neighbor, who I was close with, went full Looney Tunes (loco/crazy/rjkarl) in the summer of '18. In a nutshell, he became obsessed with dog poop.

He has (had) a very nice stand of zoysia that spanned his yard, our 10' easement, and about a third of my property.

He took GREAT offense to our dogs relieving themselves on my part of that grass, even though we kept them on my property. It's entirely possible a turd or 2 landed on the easement, but never close to his side of it.

They were always on a leash, and I even installed a handy rake/bucket on the backside of my small privacy fence, just for him to have access to incase of an 'emergency'.

Anyhoo, I came home one day in mid-2018 to find the motherfucker with a shovel digging massive holes, 15 feet away from the actual property-line, smack dab in the middle of my turf.

I knew he was constantly worried about where our dogs shat, but until that point... I hadn't really seen the animosity coming. He claimed he was looking for a property stake that he 'knew' was there. He, of course, never found it.

I truly didn't care where the property line was, until the shovel came out. It's real easy to pull up the Forsyth Deeds page and see how wrong he was.

In his infinite wisdom, he apparently just decided 'fuck it, burn it to the ground'... so, he killed everything and made a barren poorly-mulched area out of our shared easement and several feet of my property.

My thought was, 'well. whatever makes him less batshit.'

The problem is that his house went on the market today, and I've been advised that if the new buyer has reason to believe that land is theirs, it would put me in a much more tenuous spot attempting to reclaim it sometime down the road.

With where he's effectively divided the properties, I've lost the land I would need for a fence. I do not want that to be permanent.

As I was typing this, I got a call back from the listing-agent, who seemed genuinely helpful & concerned. I basically just told him I'm new to the home-owning process and wanted to make sure the eventual buyers were informed.

Have I done the right thing by calling his agent? Should I be expecting them (neighbor or new buyer) to pay for the survey? Does anybody else have experience in dealing with an easement like this? It seems to be the only one in our entire HOA.

d1wNJqu.jpg


Ours is the Grey house. According to the Forsyth Deeds site, the bricks you can see on his driveway are actually over the easement... so, uh, I've let him commandeer quite a bit.
 
Last edited:
I'd have a surveyor out this afternoon. $150 to confirm your corners is cheap peace of mind.
 
Get a survey. For the new owner to claim that land as theirs, if would have to be used by said neighbor for 20 straight years then claim adverse possession. Say your neighbor has been using your land for 13 years, then that would transfer and the new neighbors would have to keep using it for another 7 to claim it as theirs.

Long story short, get a survey, know whats yours, and you're all set moving forward.
 
The easement is really bizarre. I think there's a drainage line for the neighborhood there, but we're on the very edge of the HOA... not sure why it was run in between our houses.
 
A Very Nice Stand of Zoysia is my favorite Rage Against the Machine albume
 
looks like low/shitty area anyway. not sure how you'd lose claims to the property if a surveyor can come out and confirm the boundaries at any time.
 
tag: whatwouldrandpauldo?

I don't know why it still tickles me, but I'd been letting him use my back woods as his yard-waste area for years.

When he went shoveling around my yard, my only real vindictive response to him was 'well, if we're going to be this concerned about this damned line... you should probably go ahead and get all of your shit back out of my yard.'

To his credit, he actually did it.
 
Who is the easement to, you or the HOA? From the GIS photo it looks like he has it right, the property line between you and him is the thick line, and then the HOA has an easement over both of your properties to run the drainage line. You, as an individual, don't have rights to the part of the easement that runs across his property.
 
looks like low/shitty area anyway. not sure how you'd lose claims to the property if a surveyor can come out and confirm the boundaries at any time.

If this is the case, I guess it could be in my best interest to let them continue thinking that the easement is theirs to look-after.

Meh, I casually informed the realtor and I'll just have an adult conversation with the new buyers about their preferences for the space. We're cool with everybody else we've ever lived around. MrDaveTV, aside.

I think its notable that the for-sale sign (pictured above) that went up today isn't even on the actual property, so the neighbor's 'landscaping' is clearly causing confusion...
 
If this is the case, I guess it could be in my best interest to let them continue thinking that the easement is theirs to look-after.

Meh, I casually informed the realtor and I'll just have an adult conversation with the new buyers about their preferences for the space. We're cool with everybody else we've ever lived around. MrDaveTV, aside.

I think its notable that the for-sale sign (pictured above) that went up today isn't even on the actual property, so the neighbor's 'landscaping' is clearly causing confusion...

No, I don't think you understand how an easement works. It is on his property, the easement allows someone else to come onto his property for a specific reason - in this case the drainage line. But it is still his property.
 
Get a survey. For the new owner to claim that land as theirs, if would have to be used by said neighbor for 20 straight years then claim adverse possession. Say your neighbor has been using your land for 13 years, then that would transfer and the new neighbors would have to keep using it for another 7 to claim it as theirs.

Long story short, get a survey, know whats yours, and you're all set moving forward.

You should also get the full story on the easement. What are the terms and conditions? Who is (are) the beneficiaries of the easement?
 
Who is the easement to, you or the HOA? From the GIS photo it looks like he has it right, the property line between you and him is the thick line, and then the HOA has an easement over both of your properties to run the drainage line. You, as an individual, don't have rights to the part of the easement that runs across his property.

Right. He killed everything on his side of the easement, my side of the easement, and a couple of feet into my property beyond the easement.
 
Right. He killed everything on his side of the easement, my side of the easement, and a couple of feet into my property beyond the easement.

Then get a survey done and take him to small claims court. If you don't care to do all that, I'd still get a survey to know where the exact lines are.
 
No, I don't think you understand how an easement works. It is on his property, the easement allows someone else to come onto his property for a specific reason - in this case the drainage line. But it is still his property.

10-4. I was mistaken on that part. So, now... I've got way more reason to be pissed off at the old neighbor, though. Oh well. This does answer my questions.

When he was wrecking that shit, I guess I wrongly thought the easement was HOA-owned land.

Oh, and now I can say with 1,000% certainty that my dogs never shat off my property.
 
Then get a survey done and take him to small claims court. If you don't care to do all that, I'd still get a survey to know where the exact lines are.

Thanks. I appreciate the input. It looks shitty in the satellite image, but it was some of the nicer grass I've ever stepped foot on. Such a shame.
 
My neighbor's dogs shit on my fucking back porch. Of course, they're cute and my wife feeds dog treats them so I don't bitch about it, but I definitely want to move out in the woods again after living in a development for 6 years.
 
Back
Top