Need real estate legal advise

[topless]

One of my best friends has a dickhead neighbor who decided to put in a concrete driveway one foot over on my friends property. He did this while my friend was at work so he couldn't do anything. It is 1 foot over and 80 feet back on his property. This was all determined by a surveryor who he had to hire. Dickhead neighbor already told him to fock off because he isn't going to take it out. What sux is that this guy knew he was laying a driveway on someone elses propery. The question is, can he legally get a jack hammer and hust remove the portion that is over his property line or does he need to go to court?

[whiteworks]

concrete saw and a chaulk box should do the trick. make sure he cuts it in the right place. kind of sucks if you think about it he will have to pay to have it cut or rent a saw, pay to jackhammer it or rent a jackhammer, and have to dispose of the concrete. I'll bet it costs at least a grand to deal with.

[adjones419]

Seems to me that the dickhead neighbor would have to pay for the removal?

[acatitude]

well when his dickhead neighbor is gone your friend should just park his truck in the driveway and say thanks for the extra parking:D

[Kachina26]

I'm thinking he could install some sort of spikes on his portion of the drive :devil:

[little rowe boat]

Take pics of it as it lays over the property line, then remove it, save the receipts, then take the DH. neighbor to small claims court.

[Dave C]

this needs to be resolved. That may have just created an easement.

[DaddyMack]

Yea..
He can cut it away.. be sure the line is drawn accurately. Technically you can't be on his property when you cut it away... but do it when neighbor is gone and shouldn't be a problem.
You can sue them in small claims for the cost if you wanted to do that too (should be way less than the limit for small claims).
I would send them a certified letter first, asking them to correct the problem themselves, with a reasonable time period to do so. If the demand is not done, you will have a harder time in court. The Courts like to see that you gave them the chance to fix it themselves before they compensate you.

[DaddyMack]

this needs to be resolved. That may have just created an easement.
Not really.. just encroachment.

[Quest4Fun]

This sounds like a case for Judge Judy...We want to see Topless on TV :D :D

[Benjhamina]

this needs to be resolved. That may have just created an easement.
I forget the timeframe but it takes at least three months of use before an easment is created.

[topless]

Thing is, dickhead knew it was on Chris' property and he didn't even get a permit so he did it over a weekend when the city inspector was off duty. Now the city says they won't approve it until he (dickhead neighbor) cuts it back but he won't do it because he bought a motor home and can't get it into his garage if Chris cuts the driveway back. Basiclly he's telling Chris to fock off.

[little rowe boat]

Thing is, dickhead knew it was on Chris' property and he didn't even get a permit so he did it over a weekend when the city inspector was off duty. Now the city says they won't approve it until he (dickhead neighbor) cuts it back but he won't do it because he bought a motor home and can't get it into his garage if Chris cuts the driveway back. Basiclly he's telling Chris to fock off.
The city CAN make him remove it.

[topless]

This sounds like a case for Judge Judy...We want to see Topless on TV :D :D
I have nothing to do with this but I did see the driveway. The guy even cemented around Chris' water meter.

[topless]

The city CAN make him remove it.This is Norco.:eek:

[Trailer Park Casanova]

Have to take action, or it will become the neighbors easement.
It can be cut and removed.

[little rowe boat]

This is Norco.:eek:
Your friend needs to go to the city and say wtf. Give them a chance to rectify it. If that does not work, follow the advice above.

[C-2]

Oh my, sounds like the dickhead neighbor doesn't agree with your friends interpretation of property lines.
No, he can't do anything about a civil trespass - doing so is what you call "self-help" and will land him a seperate lawsuit. Big no no.
And yes, this is headed for court since any property line dispute, and certainly the driveway now, creates a cloud on title.
If the neighbor plans on selling....this could jeopardize those plans since boundary diputes are often filed with a "Lis Pendens", which is a lien gainst the property informing any interested parties their is pending title litigation and title is not "clear." Sometimes, an agreement can be worked out between both parties to avoind the cloud on title litigation since it could take years to trickle thru the courts, and thus rendering any plans to sell moot since title will not clear, or at least not without a bond.
Funny, we have a parcel which was cut up by the owner so it would never be emancipated. There are two neighbors who use portions of the parcel, and to avoid any sneaky ideas of aquiring possession of those portions thru adverse possession or similar doctrines, I tell yhem a couple of times per year "It's cool, you still have permission to use the property", which sidesteps the hostile possession requirement. They look at me like, WTF?
I also found this link a while back, check it out:
http://72.14.253.104/search?q=cache:XBa6-z-yUV0J:www.lectlaw.com/files/lat06.htm+california+property+line+dispute&hl=en&ct=clnk&cd=2&gl=us

[hoolign]

Thing is, dickhead knew it was on Chris' property and he didn't even get a permit so he did it over a weekend when the city inspector was off duty. Now the city says they won't approve it until he (dickhead neighbor) cuts it back but he won't do it because he bought a motor home and can't get it into his garage if Chris cuts the driveway back. Basiclly he's telling Chris to fock off.
The city will be having words with him once the inspector gets pissed for dickhead not appying for and getting a permit. The city can make him rip the whole thing out /fine him etc.. I would just let the city do their deal on him. Why bother wasting time cutting it out/disposing of the concrete etc.. I don't think there's gonna be any beers across the property line once this is done:D

[topless]

Oh my, sounds like the dickhead neighbor doesn't agree with your friends interpretation of property lines.
No, he can't do anything about a civil trespass - doing so is what you call "self-help" and will land him a seperate lawsuit. Big no no.
And yes, this is headed for court since any property line dispute, and certainly the driveway now, creates a cloud on title.
If the neighbor plans on selling....this could jeopardize those plans since boundary diputes are often filed with a "Lis Pendens", which is a lien gainst the property informing any interested parties their is pending title litigation and title is not "clear." Sometimes, an agreement can be worked out between both parties to avoind the cloud on title litigation since it could take years to trickle thru the courts, and thus rendering any plans to sell moot since title will not clear, or at least not without a bond.
Funny, we have a parcel which was cut up by the owner so it would never be emancipated. There are two neighbors who use portions of the parcel, and to avoid any sneaky ideas of aquiring possession of those portions thru adverse possession or similar doctrines, I tell yhem a couple of times per year "It's cool, you still have permission to use the property", which sidesteps the hostile possession requirement. They look at me like, WTF?
I also found this link a while back, check it out:
http://72.14.253.104/search?q=cache:XBa6-z-yUV0J:www.lectlaw.com/files/lat06.htm+california+property+line+dispute&hl=en&ct=clnk&cd=2&gl=usNow my friend will think I'm really smart. Thanks:D :D

[Jordy]

Now my friend will think I'm really smart. Thanks:D :D
Yeah, but we all know better... :D :D :D

[little rowe boat]

Now my friend will think I'm really smart. Thanks:D :D
I guess you really have him fooled.:jawdrop: :D

[Dave C]

I get them mixed up. :) Doesn't easement occur after a period of time goes by?
Not really.. just encroachment.

[NashvilleBound]

Along with everything C-2 just stated, call the city. Meet the inspector out there. This "might" be the simplest step to take for the removal of the encroaching driveway. Tell your friend not to touch that driveway yet. If the city will not step in and you've already called a surveyor, its time for a RE atty or like. You might offer, depending on the situation, the neighbor to buy an easement.... a VERY pricey one at that. Good luck.....

[C-2]

This is Norco.:eek:
Why didn't you say so.
Two goats, a goose, a 67' rusted out Ford pickup, 2 cans of Skoal and a tall can CL should settle this thing. If the neighbor is still being a dick, sweeten the offer with one panel of pipe corral. Works every time.

[topless]

The city will be having words with him once the inspector gets pissed for dickhead not appying for and getting a permit. The city can make him rip the whole thing out /fine him etc.. I would just let the city do their deal on him. Why bother wasting time cutting it out/disposing of the concrete etc.. I don't think there's gonna be any beers across the property line once this is done:DCity inspector already told him to remove it but he won't.

[DaddyMack]

I forget the timeframe but it takes at least three months of use before an easment is created.
Have to take action, or it will become the neighbors easement.
It can be cut and removed.
Hey..
I am just a real estate atty....
an easement can't really happen in any short order.... it would take more work than just letting it go...and as loing as a dispute exists, it will never happen.
but, again.... my advice above holds true...
the lis pendens thing really won't happen... not in this case.
If the City won't do anything, and have him rip it up.. then follow my advice above. As long as you stay on your property and are sure about the property line, you can rip it up. He would be responsible for the cost of doing so.
again.. a letter (in other words a written proof) giving him the opportunity to correct it, and the neighbor does nothing... is all you need to prevail (with the proof of the proerty line he crossed).
Doesn't need to be anymore complicated.

[topless]

Yeah, but we all know better... :D :D :DShut up!!!!:D

[Hal]

Just call the city code officer he will take care of it. (951) 270-5616
The city should take him to court.

[hoolign]

City inspector already told him to remove it but he won't.
He'll learn who's in charge! I had a neighbor who built a garage that overhung the other neighbors property by 6" ..it came down! :idea:

[C-2]

Just call the city code officer he will take care of it. (951) 270-5616
While he's at it, have him take care of the other 3/4's of the city!:sqeyes: :D :sqeyes: :D :sqeyes: Just driving down California you can see at least 2-3 RV's with people living in them.
I wouldn't count on the city too much, they'll bark a little then say it's a civil dispute.

[topless]

Hey..
I am just a real estate atty....
an easement can't really happen in any short order.... it would take more work than just letting it go...and as loing as a dispute exists, it will never happen.
but, again.... my advice above holds true...
the lis pendens thing really won't happen... not in this case.
If the City won't do anything, and have him rip it up.. then follow my advice above. As long as you stay on your property and are sure about the property line, you can rip it up. He would be responsible for the cost of doing so.
again.. a letter (in other words a written proof) giving him the opportunity to correct it, and the neighbor does nothing... is all you need to prevail (with the proof of the proerty line he crossed).
Doesn't need to be anymore complicated.Chris says thank you.

[little rowe boat]

Keep us posted on what the outcome is.

[topless]

While he's at it, have him take care of the other 3/4's of the city!:sqeyes: :D :sqeyes: :D :sqeyes: Just driving down California you can see at least 2-3 RV's with people living in them.
I wouldn't count on the city too much, they'll bark a little then say it's a civil dispute.That's pretty much what they've done.

[FREIND OF AA AND TA]

Oh my, sounds like the dickhead neighbor doesn't agree with your friends interpretation of property lines.
No, he can't do anything about a civil trespass - doing so is what you call "self-help" and will land him a seperate lawsuit. Big no no.
And yes, this is headed for court since any property line dispute, and certainly the driveway now, creates a cloud on title.
If the neighbor plans on selling....this could jeopardize those plans since boundary diputes are often filed with a "Lis Pendens", which is a lien gainst the property informing any interested parties their is pending title litigation and title is not "clear." Sometimes, an agreement can be worked out between both parties to avoind the cloud on title litigation since it could take years to trickle thru the courts, and thus rendering any plans to sell moot since title will not clear, or at least not without a bond.
Funny, we have a parcel which was cut up by the owner so it would never be emancipated. There are two neighbors who use portions of the parcel, and to avoid any sneaky ideas of aquiring possession of those portions thru adverse possession or similar doctrines, I tell yhem a couple of times per year "It's cool, you still have permission to use the property", which sidesteps the hostile possession requirement. They look at me like, WTF?
I also found this link a while back, check it out:
http://72.14.253.104/search?q=cache:XBa6-z-yUV0J:www.lectlaw.com/files/lat06.htm+california+property+line+dispute&hl=en&ct=clnk&cd=2&gl=us
That reminded me of studying for my brokers license!!! Don't do that again!! Well said though, I am impressed!

[DaddyMack]

Chris says thank you.
No prob.. ;)