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The Home Ownership Thread

Discussion in 'Fine Living, Home, Design & Auto' started by Douglas, Jan 31, 2012.

  1. Ataturk

    Ataturk Senior member

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    I guess you missed the pictures I posted earlier of dozens of bromeliads--plants notable for having a "cup" that holds water in the center...

    Every other week when I spray the yard, I also spinkle larvicide into the plants. I think it keeps them from successfully breeding, but it doesn't keep the water from attracting more mosquitos from the neighbors' yards.
     
  2. Ataturk

    Ataturk Senior member

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    Then again, I'm not sure the larvicide pellets are getting into every nook and cranny of the plants. They don't actually have one cup; each leaf can hold water where it meets the stem. Google says the mosquito larvae have to eat the stupid pellets for them to work...

    So I decided that's not working, and bought some of this to try: http://www.domyownpestcontrol.com/nyguard-ez1-p-1380.html

    I got the one-gallon size; I'll use a dropper and put it in a small spray bottle for the plants. One small bottle should last me a year (the manufacturer says the shelf life is just one year).
     
    Last edited: Jun 30, 2013
  3. NorCal

    NorCal Senior member

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    Might think about getting rid of the paneling and going with a lime wash plaster over the cement on the interior. Many birds, one stone.
     
  4. texas_jack

    texas_jack Senior member

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    Yeah, I want to not put back up paneling especially since we're (hopefully) never going to live here again just rent it out or sell it.
     
  5. texas_jack

    texas_jack Senior member

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    I just got the survey back for our new house and it's good news for me but bad for the neighbors. It seems my lot goes up to about 1 ft of their house. Turns out the people who built the two homes were relatives and the bigger house (mine) owned both lots and when they moved out it wasn't split up evenly or something like that. I'm not sure what this means exactly other than I have a bigger lot than I thought.
     
  6. Piobaire

    Piobaire Senior member

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    That's likely all it will mean. They probably could not start new construction so close to the property line but the ship has sailed on any setback for the current house.
     
  7. Ataturk

    Ataturk Senior member

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    It means you have a deed showing a bigger lot than you thought. The neighbors are probably going to argue that they own it through adverse possession (google it). The question everyone asks in these situations is: is there a fence?

    This post is not legal advice. You should get a lawyer.
     
  8. Piobaire

    Piobaire Senior member

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    What would the other folks own though as TJ says the other house comes close to but doesn't hit the other lot. TJ, is there a driveway for the other house or something?

    Isn't this that case of easement where a common owner severs lots?
     
  9. texas_jack

    texas_jack Senior member

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    There is no fence and no landscaping other than mowing that I can see. Question is, who has been mowing it? I guess when I move in I'll start mowing it just to let them know. If they want to get all legal on me I'll let them but I won't pursue it initially.
     
  10. texas_jack

    texas_jack Senior member

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    I don't think there is anything on this part of the land other than grass and trees but I'm going to drive by tonight to get a better idea.

    I don't know what this means, " easement where a common owner severs lots"
     
  11. VaderDave

    VaderDave Senior member

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    You ought to at least let them know the situation. If it was common-family ownership in the past the possession wouldn't have been adverse, it would have been permissive. The adverse possession would start once you know that they're using your land and you object to it. That's when you'd need to decide what you want to do about it.

    You don't need to be confrontational about it. You could just nicely let them know that you are the actual owner of the lot space and that you don't have a problem with them using it, but that at some point that might change. That would preserve your rights for the future.
     
  12. Piobaire

    Piobaire Senior member

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    I am not a lawyer to really, really take anything I have to say with a grain of salt.

    To my knowledge there is an "easement by prior use" but I'm not sure if it has anything to do with your situation. It's where a common owner severs two lots and one lot needs to use part of the other lot. The classic is two lots are created and one lot is land locked in regards to access. The only way the landlocked lot can get to public access is over the other lot. The logic is it was the original common owner meant to allow this necessary and beneficial access to the land locked lot.

    As you say it's just empty ground not sure there's any type of easement to talk about there. If they start to build another structure that close to your lot line, or extend an addition over it, I'd get on that right away though.
     
  13. texas_jack

    texas_jack Senior member

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    Yeah, I'm not going to be mean nor do I have any intention of building anything there (though I might want to cut a tree).

    I suspect the main thing they will be unhappy about is when they want to move and can't claim the space next to their house as their own.
     
  14. Ataturk

    Ataturk Senior member

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    He's saying you need to be clear that you're giving them permission to use your land, so they can't claim "adverse" possession of it.

    These rules vary from state to state; you really should consult a lawyer about your situation. Otherwise all you might get out of this is to pay the property taxes on the land...
     
  15. Ataturk

    Ataturk Senior member

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    I think you're thinking of what we'd call an easement by necessity, which doesn't really have any application to land line disputes unless it completely cuts off access to one of the lots.
     
  16. otc

    otc Senior member

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    How long have the neighbors lived there?

    If they haven't been there for the adverse possession timespan, then they can't make that claim. They don't inherit those rights when they buy the property.

    I think the real question would revolve around exclusive use. If its basically a yard, and owners of both property have enjoyed looking at it, letting their dog/cat play in it, and occasionally wandered through it, then the neighbors have not been holding the land at the exclusion of the previous owner and thus can't claim adverse possession.

    Will probably come down to some rule on surveying errors and grandfathered property lines...
     
  17. Ataturk

    Ataturk Senior member

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    I don't know whether that's true in his state or yours, but it's definitely not true in mine. The concept is called "tacking" and can be employed in circumstances where possession between the prior neighbors and their successors is continuous.
     
    Last edited: Jul 1, 2013
  18. otc

    otc Senior member

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    Only if they deeded that piece of property (even erroneously). If they just bought the house and it was never specified that it included that land...I don't think you can tack on the claim. There has to be something in writing showing the change in possession of the property in question.
     
  19. Ataturk

    Ataturk Senior member

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    Not true in my state if it's a true tacking claim, only if someone purports to transfer adversely possessed property without continuous possession. Like, for example, if I sell you my house and you move in and occupy the fenced in back yard (that I didn't own but had occupied), you can tack your claim to mine. If I sell you my house after my neighbor knocks down the fence and reoccupies the back yard, you can't make a tacking claim based on continuity of possession (even if I had occupied the yard for the statutory period) and you would need color of title from me to assert my adverse possession claim.

    I'd like to emphasize again that this isn't legal advice and that these rules vary from state to state.
     
    Last edited: Jul 1, 2013
  20. texas_jack

    texas_jack Senior member

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    I think it's probably all moot because we contacted the seller and he said he mows the area in dispute and that the neighbors know it's not theirs.
     

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