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Guest
Guest
Hi-I own a lake front property and am having an issue with my neighbor who is currently selling his property. This man has been my nemesis for some 30 years, and was my fathers before me, so this is not a new issue, BUT, we want it straightened out once and for all now that he is selling. There are several issues, and when I attended an open house 3 weeks ago, I informed the agent at the time verbally that the plat they were distributing misrepresents the property lines. We have recently had a survey, so all boundaries are clearly marked. However, to the average person, it would not necessarily be apparent that we own the bottom 15' of his driveway. There is NO easement. I sometimes park there, and have made it clear to my neighbor in the past that there is NOTHING in writing and we would not write and easement to them. Period. He does own a 12.4' strip next to what we own, and could place a new driveway apron there, but would have to move his water and a power pole at his expense. He has always used this, but when we bought, we have always made him aware that it is ours, not his.
Second issue is that there is a fence on the line of our properties that, for whatever reason, my dad angled the bottom 5 feet in the neighbors favor, and we will, when we rebuild the fence next year, straighten it out. This will be a major deal to the buyers, as there is only 12.4 feet of lake front, and with our fence angled it looks bigger than it is for sure. In his written disclosure he stated that he built the fence with us, and that there are no issues. Blatant lie.
Third-there is a fence on our rear line in front of his house (it sits across the street and behind our shed) that is clearly on our property as if the recent survey. He also got no permit for said fence.
THose are the major issues-the only other one I think we can deal with with the town-he has 12/4 ft of frontage and over 13 ft of crap-dock and hoist. The town has discussed this with him previously, but dock and hoist go with the property, so will have to be revisited with the town.
This past week we sent a letter to the real state agent itemizing the issues and stating we felt that the lines were misrepresented. Her only response was she will forward to the homeowners.
So, we have now sent a certified letter to the neighbor basically copying him on what we already sent his agent….stating that there is no easement, and there are 3 options for the new buyer. Pay to have one done (depending, we may give one), move the driveway, or buy the piece, which I do not believe the town will let us do. We also asked that the fence on our property be removed, and we notified them that we will straighten out our fence (the line is marked on their frontage.).
I know the homeowner (my neighbor) can be held liable for non-disclosure, but does that include boundary issues?( he lied about other stuff too, like the roof) What is the real estate agents responsibility in this? Can she not be held liable by a buyer also?
I understand that most people get title searches, and the driveway issue will surely come up there. Would this not be a huge red flag for most buyers?
I am tempted to start parking my SUV on our property at the end of the driveway-OR, I can paint a bright orange line connecting the survey stakes…..right across the driveway.
THanks so much for reading this……just not sure how to proceed.
Second issue is that there is a fence on the line of our properties that, for whatever reason, my dad angled the bottom 5 feet in the neighbors favor, and we will, when we rebuild the fence next year, straighten it out. This will be a major deal to the buyers, as there is only 12.4 feet of lake front, and with our fence angled it looks bigger than it is for sure. In his written disclosure he stated that he built the fence with us, and that there are no issues. Blatant lie.
Third-there is a fence on our rear line in front of his house (it sits across the street and behind our shed) that is clearly on our property as if the recent survey. He also got no permit for said fence.
THose are the major issues-the only other one I think we can deal with with the town-he has 12/4 ft of frontage and over 13 ft of crap-dock and hoist. The town has discussed this with him previously, but dock and hoist go with the property, so will have to be revisited with the town.
This past week we sent a letter to the real state agent itemizing the issues and stating we felt that the lines were misrepresented. Her only response was she will forward to the homeowners.
So, we have now sent a certified letter to the neighbor basically copying him on what we already sent his agent….stating that there is no easement, and there are 3 options for the new buyer. Pay to have one done (depending, we may give one), move the driveway, or buy the piece, which I do not believe the town will let us do. We also asked that the fence on our property be removed, and we notified them that we will straighten out our fence (the line is marked on their frontage.).
I know the homeowner (my neighbor) can be held liable for non-disclosure, but does that include boundary issues?( he lied about other stuff too, like the roof) What is the real estate agents responsibility in this? Can she not be held liable by a buyer also?
I understand that most people get title searches, and the driveway issue will surely come up there. Would this not be a huge red flag for most buyers?
I am tempted to start parking my SUV on our property at the end of the driveway-OR, I can paint a bright orange line connecting the survey stakes…..right across the driveway.
THanks so much for reading this……just not sure how to proceed.
