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Seeking opinions on a property line dispute-Thanks in advance!

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cparker2016

Junior Member
What is the name of your state (only U.S. law)? North Carolina

Board:

We bought a bank owned property that was vacant for 2 years in October of 2015. A church had owned 2 residential parcels along with the actual church parcel, and foreclosed on all but the main building (the actual church itself). Part of one of the lost parcels (the one we purchased) included a large building. Prior to finalizing, we did our due diligence with a new survey. Prior to the survey, it appeared (by a simple visual), that the large back building possibly could sit up to a foot or so on the church's remaining property. The survey came back that the entire building belonged on our parcel, and noted that there were no encroachments on the survey detail page. It also gave measurements as to how far the building and the home were from each neighboring property line. We rechecked with our attorney that what we were reading was true and correct, and went forward with closing. Once everything was in our name, we removed the lock from the building (we had no idea the contents), and discovered that the building was full of piles of junk. The next day, one of the "bishop's" from the church came over and began trying to intimidate me and told me I had no right to break in to their building. I respectfully requested he leave and speak to my husband, he tried to get nasty, etc etc. My husband then contacted the church and told them that that kind of behavior was not going to be tolerated, that we had rightful, legal ownership to that building. A week later, we received a typed apology on church letterhead for the actions of this church member, and that they in no way wanted any trouble. They even granted easement to the front doors of this building (their parking lot backs up to it, but it also has a side door opening that faces our backyard).

Now, to the fun stuff. In the last 4 months, the pastor of the church began coming over to our property and suggesting that a small fraction of that building lays on their property. The first couple of times my husband said that we had it surveyed, etc etc, we know where the lines are. My husband also suggested the man go check at the registrar's office. For some reason, this preacher is hell bent on trying to start something over something I paid good money to prevent in the form of a survey. It had been decades since these plots of land had been surveyed. We were concerned about encroachment and when we were told we had none, we went ahead with the purchase. Today, the preacher came back only in a more aggressive and intimidating fashion, suggesting my husband was being uncooperative, and insinuating that we could expect more. What more? Who knows. I told my husband to not speak to him anymore and the next time he shows up to warn him of a harassment charge.

I guess my question is, at what point do I proactively do something about this, or do I even need to bother? This is an up and coming transitional urban neighborhood with excellent potential and an already good real estate base. I do not wish to have bad relations with neighbors, as we are putting a lot of money and effort into restoring this property after years of neglect by the church. It makes me wonder if they aren't trying to back handedly extort us for anything they can get. Just would like some opinions on this, please! :)
 


justalayman

Senior Member
If there is some board of elders or other quasi managerial level within the church you could address as a group, I would start there. If none or no success there I would start issuing no trespassing demands to anybody who ventured onto your property. If they wish to escalate it beyond that I would start calling the police when a trespass occcurred.

Given the fact the property was foreclosed upon I would think the church isn't flush with cash and able to mount either an agressive offense or even defense should you need to take action.
 

LdiJ

Senior Member
What is it that the pastor wants? Use of the building? Money? You have stated that he is harassing you but you have never stated what it is he actually wants.
 

FarmerJ

Senior Member
go to the trouble of learning what your city /local govt rules are for posting property no trespassing , its likely your city has rules about this like how far apart signs must be. AS to the doors to get in and out of it I would suggest you seriously consider moving the door that faces the property they own to the other side and sealing up the opening . If this outbuilding has working electricity in it then make sure its connected to your home . AS to the people of the church who have been less than pleasant I guess in the end if you don't want to address them personally then I would suggest either sending to them a letter via confirmed mail delivery that tells them again you had a survey done that outlines your properties exact boundries and this building is completely with in your lot lines or better yet just pay your attorney to send them a letter saying the same thing. They may actually pay more attention to a letter from your attorney, ALSO learn what your cities fencing ordinances are because as the saying goes about fences making good neighbors may be even more true with that group. BTW if they really felt as if they had a issue with the boundary survey they are the ones who will have to pay a attorney to use the courts to sue and be able to show the courts that your boundary survey was wrong and it would start with them having a boundary survey of their own done, but considering all else it sounds more like they are just angry and that some of them there really had no idea of what the true lot lines were and just assumed x y z so personally I don't think you have a lot to concern your self with since they likely don't even have the money to start a legal challenge
 
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