encroachment on property of new house in 2011

[annmariew]

I purchased a new home in 2011. The builder broke ground, I paid for a survey they marked the boundary lines. I also paid for title insurance. I never
got a report from the surveyer, I don't know if that's normal. I closed on my house. I guy Vern that over sees the building of my house, told me later
that my neighbor in on my property. I said what? The other builder built there house, made a 3 car gargare on a 2 car lot. The boundary line marker
went up into there landscaping near there front door. I have a copy of the survey. I ask the survey company to come out and remark the boundray lines
they said they didn't do it. I got it from the title company. I would have to pay again $300.00. I don't have the money. Why didn't they tell me about
the encroachment. I don't know if the neighbor is awere of it. What do I need to do?

 

[army judge]

If you want to preserve the integrity and ownership of your property, get a lawyer.
It isn't encroachment.
Encroachment is a football penalty. LOL
What someone has done is begin "adverse possession".
If you do NOTHING, they can end up OWNING the piece of your property upon which their garage sits.
That diminishes your property value, and increases theirs.
There are stiff penalties that can be assessed for engaging in adverse possession.
The court can address this for you, including awarding you damages, attorney's fees, and making the garage owner tear down the structure.
See a lawyer, explain your problem, show your proof, and askj him or her to begin an adverse possession lawsuit for you!

 

[annmariew]

About the encroachment, the 3 car gargare is on the other side of the house not on my property. The landscaping is on my property. Would the neighbor
just need to pay me for my land and everything would be find? Thanks annmariew P.S. I can't pay a lawyer. I don't have the money.

 

[army judge]

About the encroachment, the 3 car gargare is on the other side of the house not on my property. The landscaping is on my property. Would the neighbor
just need to pay me for my land and everything would be find? Thanks annmariew P.S. I can't pay a lawyer. I don't have the money.

Whatever you do, it'll probably be met with resistance.

I suggest you speak with a couple attorneys until you find one that is clever enough to know that he or she will get paid when you get paid b the offending party.

More often than not when you ask a person to voluntarily do something (even when they're wrong), they refuse.

If you fail and do nothing, you'll end up losing that portion of your property that has been adversely possessed.

 

[disagreeable]

At the very least you need to make sure you have an accurate survey and have a lawyer send them notice of the encroachment of their landscaping. Have them sign a an acknowledgement of your superior claim to your property they landscaped, with the encroachment clearly defined. Make them remove the landscaping or add additional things of your own to it such as rocks, statues, fence, flowers etc to establish they are not solely using the property (take pictures). Adverse possession claims must usually be open and uncontested. There are 5 basic elements. Actual possession, possession is hostile or under a claim of right (not subservient to anothers superior claim), open and notorious, exclusivity of possession and continuous occupancy for 10 years.