The Cul De Sac From Hell

How to be a bad neighbor,

Update at bottom!

It’s 4:50 am and I’m still freaking out.

I went out to pick up a package from Fed Ex yesterday and the gentleman who is our newest neighbor, (now officially a tyrant) comes up to me and begins to describe to me the cul de sac he is planning on building…..50 feet over our property line!

He had the balls to act like it was nothing and even asked me if I wanted to chop down OUR trees on OUR property for the project or whether we wanted him to just do it. He said he’d had the area re-surveyed or did it himself and that the REAL point where all of our properties converged was at the corner post to our driveway, effectively making the supposed true location 50 feet into our property!

I entered a complete state of shock and disbelief and my mind just froze. I had the wherewithal to tell him to please don’t move ahead until I had looked into the property lines and talked to my husband.

We were in the process of putting up our new shed and I went and told him immediately. He wasn’t happy either.

Our mood quickly evolved from shock into rage that this person had supposedly relocated the boundary lines and planned this huge project which would effectively move the turnaround at the end of our mutually shared easement road onto our property and the 50 feet away from the where the road is currently located.

The presumptuousness is appalling. The nerve of someone moving in and arbitrarily planning a huge project that would obviously have a profound impact on our right to the peaceful enjoyment of our property and our privacy without so much as a word to us beforehand.

I’m in the process of writing him an official nastygram announcing our discontent about the situation and ordering him to stay off of our property until we can sort this out legally.

In a few hours we’re going to the court house to establish the location of the property lines as recorded and get  his name so we can talk to a real estate attorney.

We hope and pray that we didn’t miss something or didn’t use enough due diligence when we bought our property but according to the amateur measurements we made we may be in trouble.

Our deed states that we are subject to a 30 foot wide road for ingress and egress (which is already there). The problem is, it may be in the wrong place.

The survey map shows where the road is supposed to be only it’s not. It’s incredibly misleading but this guy did his due diligence and found the fault. Now he wants to move the whole cul de sac over in our direction.

We are waiting on a call from a real estate attorney and are hoping we can fight this with some sort of prior use argument. We’ve been using the existing road and turnaround for over a year and the road has been in the same place since forever.

We have a LOT to sort out here and we need to stop this guy until we do.

The uncertainties are what are bothering us most. In the meantime, he’d better stay off of our property and halt his plans for the super freeway through our beloved property. It might as well be a freeway.

Wish us luck.

UPDATE: We remeasured from a couple of different points on our property and the easement after reviewing the physical description again and finding our previous mistakes and everything adds up perfectly now in our favor! Still crossing fingers.

 

Author: ldinlove

I live with my family, two cats, and at any given moment: ten dear, two turkeys, ten chicks, ten billion ants, ten thousand bees and wasps, two white rabbits, twenty angry squirrels, one occasional bear ( occasional works for me), a couple of snakes, the neighbor's stray dogs, and one very friendly skunk.

3 thoughts on “The Cul De Sac From Hell”

    1. We went to the recorder’s office and got all of the documents we thought would be pertinent and went over them with a fine tooth comb and checked dates. It’s hard to read the legal descriptions but they have the goods. We measured a couple of crucial distances, the first being the distance in feet from the post he claims is the direct center of all four plots and along the property line to the edge of our property. It matched up perfectly when we measured it. Even pacing, it was within a foot of tolerance of what is described as our PRIVATE property NOT subject to the easement. Then we measured the easement itself from it’s legally described middle point to the end and it also matched up perfectly to what is in place now.
      The sad part is that our neighbors have immediately created an environment of friction.

      1. I’m no property lawyer but I am a property owner, and what I plan on doing is to get a reputable surveyor out to my property (sadly having to pay) and have him/her do a actual survey, and not just go by markings. On my property there are a couple of “pins” but without a detector I only know the general area where they are located. All other “markings” were red-flagged on trees. I only have two acres and you’d think I would know where the lines are… oh not so easy when it’s in dispute. 🙁

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