lot line question

decorcrzyAugust 12, 2012

Several years ago when our neighbor installed an irrigation system for his lawn they installed the control box over the lot line and encroaching into our yard.(We built our house after they installed) We notified them of this years ago and told them this would probably become an issue if either of us decides to sell, the response we got was "oh, we didn't know, we'll move it" and nothing was ever done. Guess who is for sale, the neighbor. They have an accepted offer and this weekend a survey was done, because the stakes have been placed on the lot lines.

We have e-mailed their realtor regarding that this control box should be removed from our yard. Her response was "thank you for the heads up, I will bring it up with the sellers". I am sure if they did not care years ago, they certainly don't care now.

It is bad enough that they sprinkle 15 feet into my yard every night in the summer, but to have part of it installed in my yard is enough.

I feel with this survey done I have a window of opportunity to have them take this out of my yard. I have tried to look up any regulations on installations of irrigation systems, but cannot find any.

My question is what is the best way to handle this situation? Has anyone ever delt with anything like this? I hate to have to issue a lein on the property.

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You've tried the neighborly approach several years ago. Now it's time for a formal letter from your attorney. It's always an attention getter!

    Bookmark   August 12, 2012 at 5:12PM
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I think you DEFINITELY want this handled before they close. Here's why: imagine you move into a house and when you meet the neighbors they say, "Hey, your sprinkler system extends into our property and we'd like you to have that addressed."

I'd be thinking, "WTH? Why didn't you take this up with the previous owner? I probably just overpaid for this house and now I have an expensive fix I have to do that I shouldn't have to?"

It wouldn't be good for neighborly friendship, right? And it could feel like a sucker punch to the new owners (even though you didn't mean it that way).

So yeah, I'd get all official on their butts (the sellers) and make them get this fixed.

    Bookmark   August 12, 2012 at 5:54PM
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You need a formal letter from an attorney. Or at least a notarized letter from you stating that it must be removed and your lawn fixed immediately or you will be filing a law suit on them and a lien on the property before they sell.

That should get their attention.

    Bookmark   August 12, 2012 at 8:11PM
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I agree and as much as my husband does not want to pay for a lawyer, I suspect we must.

I guess my burning question is now that the seller's realtor has knowledge of this situation does the realtor have any obligation to disclose this fact to the buyer? Or is it truely a " buyer beware" aka "don't ask don't tell" situation.

    Bookmark   August 12, 2012 at 8:21PM
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You need to at least send a certified, return-receipt-requested letter to the seller, the Realtor, and the Realtor's broker.

If you can find out where the sale is to close (title company, escrow office, attorney office, etc), that would be even better.

I once sent certified, etc to every title plant in the county...

    Bookmark   August 12, 2012 at 11:12PM
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