Neighbor Parking on my Propery

[SnowCajun]

I have another update.
This morining on my way to work, I noticed my neighbor had fence materials (barbed wire) laying near the property line. Looks like I may get a fence after all! Question is, where will it be? Most likely way on my side so he can continue parking. What should I do, pull it up?

If he puts that on your property just phone the police and file trespassing charges on him. After all you have an accurate survey that shows it's your land, he can't legally just come over to your property and start building a barbed wire fence on land that's not his. He's one stubborn son of a gun for sure.

I was looking on the net under Trespass Warrant and found the below item from a Virginia web page, it should work the same where you are, I'll give you the link below, but possibly a Trespass Notification upfront may be an idea to run with, you may want to check into that!
http://www.loudoun.gov/Default.aspx?tabid=1457

Office of the Sheriff
Trespass Notification

TO:<insert person's name and full address here>

You are hereby notified that your presence on or in the property located at:

<full address of property>

is no longer desired and will not be tolerated and that you are to refrain from entering therein or thereon for any reason whatsoever.

You are further notified that upon violation of this notice, you may be subject to immediate arrest or a trespass warrant will be sworn for your arrest and prosecution.

Signed on this the ______day of _________,20__

<signature of owner of or legal custodian of the property>

<printed name of owner or legal custodian of the property>

Good luck and keep us posted,
SnowCajun

 

[iflylow74]

If he puts that on your property just phone the police and file trespassing charges on him. After all you have an accurate survey that shows it's your land, he can't legally just come over to your property and start building a barbed wire fence on land that's not his. He's one stubborn son of a gun for sure.

Thanks for the link Cajun. That form may just come in handy. Im not convinced the police will do anything. They came out once before and did nothing because he said he didn't agree with the survey. He has always told me that the survey is correct. He's the kind of guy thats had enough run ins with the law that he knows what to say to save his neck.

 

[HomeGuru]

Thanks for the link Cajun. That form may just come in handy. Im not convinced the police will do anything. They came out once before and did nothing because he said he didn't agree with the survey. He has always told me that the survey is correct. He's the kind of guy thats had enough run ins with the law that he knows what to say to save his neck.

**A: then go to court and have the judge accept the survey and rule that the property boundary lines as noted in the survey are correct. Once that is established and adjudicated, the neighbor would be barred from arguing about the survey. And the police would have something to enforce.

 

[iflylow74]

Success !?

I may have actually won my case with my neighbor. My attorney mailed him a certified letter and the next day, the neighbor moved his stuff!! It was kinda funny how he did it. He took a front end loader and scraped the gravel from where he was parking on me and dumped it in a ditch on his property, I assume to keep me from having it.
After that, he pushed his shed into the middle of the driveway I assume to keep us from getting in and out. Meanwhile, he starts building a fence across the driveway and then pushed the shed over onto his property and finished the fence. So now, I can't use my driveway,(which is exactly what I expected from him) and now I am using a 4 wheeler trail on my property to get to my house. My next project is to build a decent driveway to get in on. I could probably sue to move his fence but its definetly not worth it. My plan all along was to put a fence there anyway but only after I made the new driveway. Another funny thing is, he only put enough fence on the property line to block the driveway. Well, I got out my fencing materials and finished the fence on the line that goes about 2 feet from his trailer. The only other problem I forsee is that Im pretty sure his septic tank is on my side of the fence so he may go out and pull up my part of the fence. Do you guys know how I should handle the septic tank situation? Thanks again.

 

[FarmerJ]

He cannot tear down your fence , If he needs to have his septic tank serviced then let him BUT do what you need to now to prepare for the worst regarding the septic system. Have you learned under what conditions he would be forced by your county to someday move the home so it has correct setback from the lot line ? Two have you learned what your county will require of him when and if his septic system fails ? Once those things are answered then you might want to talk with your atty about how to best deal with it when the septic system fails. This could possibly include a license to use the property until the county deems the septic system to be failing , then of course the license would expire . The house thing will present its own problems like when he goes to sell it someday a lender might require or even the county may have a ord by then requiring him to move the structure or to attempt to purchase land from you to meet what ever is required. Anyway by that time he likely may not have the money to fight a whole new legal battle. SO it would be to your advantage to atleast be informed of what your options are regarding the septic system.

 

[iflylow74]

He cannot tear down your fence , If he needs to have his septic tank serviced then let him BUT do what you need to now to prepare for the worst regarding the septic system. Have you learned under what conditions he would be forced by your county to someday move the home so it has correct setback from the lot line ? Two have you learned what your county will require of him when and if his septic system fails ? Once those things are answered then you might want to talk with your atty about how to best deal with it when the septic system fails. This could possibly include a license to use the property until the county deems the septic system to be failing , then of course the license would expire . The house thing will present its own problems like when he goes to sell it someday a lender might require or even the county may have a ord by then requiring him to move the structure or to attempt to purchase land from you to meet what ever is required. Anyway by that time he likely may not have the money to fight a whole new legal battle. SO it would be to your advantage to atleast be informed of what your options are regarding the septic system.

Thanks FarmerJ. You have made some good points. I really have no idea what our county laws say concerning his septic tank. I will definetly have to find out where to look into our laws. As for now, if he did have a problem with his tank I wouldn't stop him from having access to it but I would like to know what my options are for the future. I will have to consult my attorney about this. Thanks again.