#1
Old 05-25-2015, 11:02 AM
Guest
Join Date: Oct 2009
Location: CentralArkansas
Posts: 23,799
New neighbor from hell.

I wonder if a title search and survey at closing are required in Florida? Boundary encroachment should have been caught during closing on the vacant land.

What a shock for this old guy. Lived there 25 years and now he's got to spend his life savings on lawyers. I would think an easement was created after 25 years.

Whoever the new neighbor is. He's certainly pulled a jerk move. There are procedures for boundary disputes. He doesn't even live in the neighborhood yet and pulls a stunt like this. What are those cinder blocks for anyway? A fence? Can't be a house wall because there are set backs that limit how close you can build to the property line.
http://floridanewstime.com/regio...-property.html
http://wftv.com/news/news/local/...-his-dr/nmL2B/
Quote:
Mr Lynch, who has been living in the same Osceola County home for 25 years, said he found the cinder blocks lining his driveway without warning one day.

He is also shocked he will now have resort to seeking legal action to rectify the situation, according to WFTV.

An Osceola County spokesman agreed with records showing that two 12-foot driveways are allowed side-by-side on the property, but advised Mr Lynch and his neighbor to have a surveyor come in or settle the dispute in court.

Last edited by aceplace57; 05-25-2015 at 11:04 AM.
#2
Old 05-25-2015, 11:09 AM
Guest
Join Date: Nov 2000
Location: Saint Paul
Posts: 26,476
Rather than spending his life savings on lawyers, he could have the land surveyed for a few hundred bucks. Once he figures out who's in the right, he either (a) brings in the lawyers if he's right, or (b) brings in a cement truck to extend his driveway on his own property if the other guy turns out to be right. Going straight to the mat with lawyers seems premature, since they're going to insist that the land be surveyed anyway.
#3
Old 05-25-2015, 12:07 PM
Guest
Join Date: Oct 2009
Location: CentralArkansas
Posts: 23,799
I guess the biggest issue is whether an easement was created after 25 years. Whoever owned the vacant land apparently never contested the boundary. Especially if the land was bought and sold several times.

Thats why surveys and title searches are part of closing. The buyer can back out if there's any problems.


Buying a vacant lot in an old neighborhood can be a bad idea. Theres often a reason nothing got built there. We have a few vacant lots in my neighborhood. odd shapes, bad drainage etc. just hard to build on

Last edited by aceplace57; 05-25-2015 at 12:11 PM.
#4
Old 05-25-2015, 12:21 PM
Guest
Join Date: Nov 2000
Location: Saint Paul
Posts: 26,476
You'd think there'd be some paperwork somewhere for an easement.
#5
Old 05-25-2015, 01:49 PM
Guest
Join Date: Jan 2003
Location: Toronto
Posts: 18,184
Seems to me the issue (assuming the neighbour is correct) is whether the old fellow has acquired the property by adverse posession. The requirements for that vary by state.

http://en.wikipedia.org/wiki/Adverse_possession
#6
Old 05-25-2015, 04:14 PM
Guest
Join Date: Sep 2011
Location: Sunny California
Posts: 14,840
Quote:
Originally Posted by From both articles linked by OP
"He said he was a minister or something like that. (A) God-fearing man. But I don't think that's very Christian-like," Lynch said.
Maybe God gave him that land!
#7
Old 05-25-2015, 04:51 PM
Guest
Join Date: Oct 2009
Location: CentralArkansas
Posts: 23,799
Maybe so.

I can't imagine doing something like that with no warning. To just put those cinder blocks down and have your future neighbor find them when they come home is surreal.
#8
Old 05-25-2015, 04:59 PM
Guest
Join Date: Nov 2000
Location: Saint Paul
Posts: 26,476
True. At least one of them is being an ass.
#9
Old 05-26-2015, 09:57 AM
Guest
Join Date: Sep 2004
Location: By the Caloosahatchee
Posts: 11,536
Quote:
Originally Posted by Ethilrist View Post
True. At least one of them is being an ass.
And we've only heard from one side. But yeah, barring other facts, just putting down the blocks is pretty damn ugly. Sounds like the new neighbor may be just wanting to sell the house after he builds it. Otherwise, he's seriously pissed off the man he's going to have to live next to for a long time.
#10
Old 05-26-2015, 10:40 AM
Member
Join Date: Jul 2009
Location: Western Pennsylvania
Posts: 29,012
Quote:
Originally Posted by aceplace57 View Post
Buying a vacant lot in an old neighborhood can be a bad idea.
It can also be an act of genius. A friend heard through sources that the city had plans for a specific location. He purchased two lots for back taxes. Less than a year later he was fighting with the city over the value of the land and ended up making a killing on the deal.
#11
Old 05-26-2015, 11:06 AM
Guest
Join Date: Dec 2011
Posts: 5,785
Quote:
Originally Posted by aceplace57 View Post
Thats why surveys and title searches are part of closing.
A minor nit pick but the surveys and title search should be done well before the closing.
#12
Old 05-26-2015, 11:37 AM
Guest
Join Date: Nov 2000
Location: Saint Paul
Posts: 26,476
Quote:
Originally Posted by Kimballkid View Post
A minor nit pick but the surveys and title search should be done well before the closing.
And for all we know, they were done and the new owner said "Huh, somebody else's driveway is on my property..." We only have a 79-year-old man's word that the new neighbor never contacted him; maybe there are 47 voicemail messages on that answering machine lying under a stack of newspapers in the corner.
#13
Old 05-26-2015, 11:47 AM
Guest
Join Date: Jul 2005
Location: N of Denver & S of Sanity
Posts: 12,586
Quote:
Originally Posted by Malthus View Post
Seems to me the issue (assuming the neighbour is correct) is whether the old fellow has acquired the property by adverse posession. The requirements for that vary by state.
That was my first thought, that somehow by home-brewed legal theory (like a poor-man's copyright) the new owner thought he needed to "correct" the adverse possession.
#14
Old 05-26-2015, 11:52 AM
Guest
Join Date: Nov 2000
Location: Saint Paul
Posts: 26,476
Or that he's planning on putting a 10' wall along those two sides of his property, and just wanted to let his neighbor know what was coming.
#15
Old 05-26-2015, 03:18 PM
Guest
Join Date: Jul 2007
Location: Just east of Music City
Posts: 6,011
Given the bitterness of the old man's tone, I would be surprised if this came completely out of nowhere. My impression is that he wanted what he had been enjoying for 25 years and was pissed that the new owner called him on it. I could be wrong.
#16
Old 05-26-2015, 08:52 PM
Guest
Join Date: Oct 2009
Location: CentralArkansas
Posts: 23,799
The power of the press and bad publicity worked. The new neighbor removed his blocks.

No ill will? As if any responsible person would block off half a driveway and think no one would mind?

Glad it got resolved. Hopefully not too much damage was done. It looked like those blocks were set down in mortar. Getting that mortar scraped off the driveway may be difficult. I'm not sure if it had fully cured.

http://wftv.com/news/news/local/...ty-mans/nmPJs/
Quote:
On Tuesday Hughes learned the blocks have been removed.

Lynch said he and his neighbor spoke over the weekend and agreed the cement blocks should go.

Lynch said his neighbor told him he meant no ill will.

Last edited by aceplace57; 05-26-2015 at 08:56 PM.
#17
Old 05-26-2015, 09:24 PM
Guest
Join Date: Oct 2009
Location: CentralArkansas
Posts: 23,799
Wanted to add...
I wouldn't risk stirring up any further conflict by saying anything about the driveway. A little stuck mortar isn't worth the cost of lawyers. Especially since the exact boundary hasn't been established. It's best to let sleeping dogs lie.

If there's any fault here it's probably with the original builder. That driveway looks original and it was the builder's sub-contractors that poured it. Good luck finding any of those people. We're talking decades ago.

Last edited by aceplace57; 05-26-2015 at 09:27 PM.
#18
Old 05-26-2015, 09:47 PM
Guest
Join Date: May 2012
Location: NE Florida
Posts: 21,370
I've lived in Florida. Weird shaped lots are not uncommon at all. It looks like the neighbor assumed the property line went straight from the end of the fence to the street. One would assume when the neighborhood was laid out, the driveway entrance was put in then (assume, again, the boundaries were laid out and the permits pulled then) and the driveway poured when the lot was sold and the house building begun.

I know, "assumes" get you in trouble.
#19
Old 05-26-2015, 09:51 PM
Guest
Join Date: Sep 2014
Location: Southeast
Posts: 641
Quote:
Originally Posted by aceplace57 View Post
Glad it got resolved. Hopefully not too much damage was done. It looked like those blocks were set down in mortar.
Hmm... What struck me was that the new neighbors blocks were in a nice straight line taking an angular slice out of the driveway, not half of it. Someone decided the direction of that line. I'm guessing that the new neighbor already had a survey done, laid the blocks to make a point, and they finally agreed to share the driveway as-is with an understanding of the correct boundary.

Last edited by Nefario; 05-26-2015 at 09:52 PM.
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 02:29 AM.

Send questions for Cecil Adams to: [email protected]

Send comments about this website to:

Terms of Use / Privacy Policy

Advertise on the Straight Dope!
(Your direct line to thousands of the smartest, hippest people on the planet, plus a few total dipsticks.)

Copyright 2018 STM Reader, LLC.

Copyright © 2017
Best Topics: south cackalacka cunt vs pussy human beastiality ck2 legitimize bastard jew's ear juice shinbone town nj gay bars hook a canuck nuke jerusalem ck2 prestige kid eating glue does bleach evaporate deepest basement does snuff have fiberglass in it what is a status conference in a divorce case file teeth at home songs about seeing someone after a long time umpire chest protector history me in my bra dead man's chest dice game wiring duct home depot toyota camry brake pads life best used car dealership names what is birch beer made from does less dense float