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So our house is not totally ours....

So responding to Hannah's "Last Thing You" post, I responded the last thing I paid in a check was for someone to survey our house.  We had to get a surveyor out because we want to put up a fence, plus our neighbor's fence seems to be WAY too close to our house.  We found out that the property line is essentially our dining room wall, and that is no exaggeration.  The gutters on our roof are literally on our neighbor's property, not to mention our air conditioning unit.

Our house was the first built on the block (I am sure before these lines existed since our house was built in 1907 and those on the sides of us decades later) and I can't understand why we weren't given at least 6 inches from our house, heck even 2 inches.  It's mostly annoying because our neighbors can be a$$holes and I am waiting for them to make us move our A/C (which according to code has to be 18 inches from the house so we are really screwed if we have to do that).

I don't know if we have any one who is an expert at property issues, I just needed to vent.

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Re: So our house is not totally ours....

  • Xan921Xan921 member
    Seventh Anniversary 5000 Comments 500 Love Its Name Dropper
    Wow, that stinks, I'm sorry!  I would think there would be something you could do, since you were the very first house on that block, but I have no idea what it would be.  Hopefully your neighbors wont say anything about the stuff being on their property; how long have they lived there?  If it's been a while and they haven't said anything, I probably wouldn't worry about it, but if they are somewhat new, it might be a concern.  Have you tried googlin' around for property laws in your area?  Maybe there's like a 'grandfather' law that allows you to have some kind of right to the land since your house was first. 
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  • There are Grandfather laws (at least in SC) that should cover you. We had a problem with my parents' property and a neighbor had built their fence on our property. We barely got the letter to them out before the property would have been grandfather in, something like 9 years or something? I would check you county or state policies ASAP and maybe consult a lawyer, just to cover yourself.
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  • That's a bummer!  Well if your neighbor hasn't said anything about it, you should be fine for now, though I guess this may not be good for your fence plans.

    ETA I would check with a lawyer though for peace of mind.

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  • nfp147nfp147 member
    Eighth Anniversary 5000 Comments 500 Love Its First Answer
    That really sucks.  Hopefully there is some sort of legislation that would grandfather you.
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  • My parents are dealing with the same thing and their backyard.

    They put in a pool almost 20 years ago and drew up the plans according to the fence lines that were there when they bought the house (it was their fence, attached to their house). When the neighbor directly behind them decided to sell, they found out that about 18 inches of concrete and the south fence are on the neighbor's property. But my parents' house was also the first house in the neighborhood when it was developed in the 60s.

    I kept bringing up "squatter's rights" ... which basically if no one has contested it for so long, it is essentially yours. But I would talk to a lawyer.

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