Need advice on property dispute - please help!?

me | fishtank

[fishtank]

Hi all.

I hope someone here can help me out with some advice.

To make a long story short, we're having a property dispute with a neighbor. We have a shared property arrangement with two spaces on a parking pad.

There are also three weeks to go until we close on the sale of this (our) house and are able to leave this touchy situation.

My first question is:

What risk is there to me if I allow some slight encroachment on the parking pad?

(They are slowly drifting onto our space). My neighbors do not accept the idea of a shared ownership on the parking pad, but I have spoken to local professionals (surveyors, a lawyer, realtors, title company people, appraisers, etc.) All of them have given me the same interpretation of this paragraph from the plat map which reads as follows:

"The owners of Lot "B", their successors and assigns, hereby grant to the owners of Lot "A", their successors and assigns, the right of ingress, egress and parking in the area designated as 2-Car Parking, Lot "A"."

I live on Lot "A". I have been told that this paragraph means that I have exclusive parking rights on the designated spaces.

If they continue to drift onto our space for the next three weeks, is there a potential litigation threat to me after we vacate the property?

How do I enforce my private property rights until we leave?

My wife and I have likened this to the situation where someone is being stalked: the police will not and cannot do anything until something physically hostile occurs.

Any ideas? comments? suggestions?

Oh, by the way, there is a small, slight political component to this situation. Our neighbors have made it a point to keep a political yard sign in their front yard for the past two years since the 2000 elections: the sign for a candidate whose name rhymes with "Vader".

Let's say they might not hold private property rights in real high esteem.

Thanks.

fishtank

[TaxPayer2000]

I am sure alot depends on local property laws, but from what I understand, as long as you close off that piece of land one day a year, allowing no one access, than you are protected from any claims on it.

[tubebender]

Are you buying this property or selling it. If you are selling be sure to disclose this or the buyer could have recourse against you, at least in Calif.

[RightWhale]

You may be referring to adverse possession. Local laws vary.

[AAABEST]

Are you selling the property? If so why would there be a potential litigation threat after you vacate?

Is it possible for you to put up with their crap until you're out of there to avoid problems?

[fishtank]

I have disclosed this to my realtor. I am not sure if he has disclosed this to the buyer.

[BenLurkin]

You should consult with and, if necessary retain a lawyer familiar with the laws of your jurisdiction.

[TaxPayer2000]

My experience was with kids and such that would walk thru our property to get the the lake. We had no problem with that, but we were advised to block the walkway one day a year in order to protect our property rights, but as you say, local laws vary.

[fishtank]

I am not letting them use the spaces, but they are basically getting as close as they can to the line as they can just to irritate us.

I asked them last year if I could re-stripe the paarking spaces and they refused.

This situation sucks, though.

Of course, they are basically also collectivists and jerks (is that an oxymoron?).

[AAABEST]

I have disclosed this to my realtor. I am not sure if he has disclosed this to the buyer.

As long as you've disclosed this in writing and that disclosure was presented to and signed by the buyer you should have CYA. Although courts do strange things at times if it ever gets there.

[fishtank]

My lawyer told us the best thing to do is to sell the house and get out of there.

He has not told me about disclosures, though.

THe realtors were told everything, though, and, of course, they downplayed the need for a really clear disclosure.

[fishtank]

No, we don't have anything in writing.

I did present the situation to the realtors in this manner:

I think the neighbors are doing this not because they really want to control the property, they are doing it because they are RDDBs who hate my guts.

[hookville]

As I understand what you have posted, you have been given the right to *use* that piece of property, but you do not *own* it. Actual ownership remains with your neighbor. In any event, I don't see any problem as far as your sale is concerned. Whatever rights you have become, via the sale, the rights of the new owner and it is up to him/her to enforce them. Relax and breathe easy!

[Torie]

The owners of Lot "B", their successors and assigns, hereby grant to the owners of Lot "A", their successors and assigns, the right of ingress, egress and parking in the area designated as 2-Car Parking, Lot "A"."

Just why the above language grants an exclusive right to the owners of Lot A to parking privileges excapes me. It clearly doesn't.

[Torie]

I should add there is always the adverse possession route. That is another kettle of fish.

[fishtank]

As I understand what you have posted, you have been given the right to *use* that piece of property, but you do not *own* it. Actual ownership remains with your neighbor. Yes, but I have been told that I own the parking rights. To further complicate matters, the house the we want to move to has a neighbor's boat that might be slightly over the property line. I do not want to go thru the same thing again, but in this town, it seems an all too common situation.

[fishtank]

I don't want to argue, but 10 local professionals told me that is what it means (I occupy Lot "A").

[fishtank]

I'll let you all know Monday what happens. I am leaning to the written disclosure to the buyer idea.

Til then.

fishtank

[RightWhale]

Whatever rights you have become, via the sale, the rights of the new owner

Not necessarily. Easements are often for a person, not the parcel, so if they are not mentioned in the new deed they might cease to exist. Parcels become landlocked in this manner.

[KneelBeforeZod]

remember when Mr. T moved into that la-di-da town outside chicago?

He put a fence along his property line and when the city told him to take it down, he got his revenge by cutting down dozens of trees on his lot.