My question involves real estate located in the State of: North Carolina
Hello. I purchased a home in North Carolina in November, 2017. There was existing data about the property lines in the county GIS, and we did not have a survey done at purchase due to time constraints. We purchased the lot the home is on plus the additional lot next door from people who had owned it since 1991. We are planning to put in a storage building, and run a driveway to the building as a place to park our 27' camper under cover. In planning this and looking at GIS data, it appears that our side neighbor and our back neighbor may have significant encroachments onto our property. We have looked back through GIS data pictures and it appears that the structures have been where they are since at least 1996, which is as far back as the county records have aerial pictures.
The side neighbor has a small metal storage building that is definitely over the property line.......the whole building looks to be over by 10 feet or more. They also have a kiddie wading pool next to it that is over. Part of their house driveway (not much, maybe 2-3 feet) along the length of their driveway from the road to the house also appears to be over the line.
The back neighbor is a bit more confusing. (1) The listed owners in public records are actually the current occupant's grandparents. The owners of record (grandparents) died in 2010, not sure why the g'son hasn't updated that. Taxes are paid up to date on it. (2) There is an addition on their house (uncertain of date and can't find permitting info, but it appears professionally done) that looks to be a couple of feet over the line. Even if it is not over the line, it definitely doesn't meet setbacks by code (6' from the property line) but I think it IS over by at least a foot or two. (3) Their storage building is completely over the line, and maybe a small part of their driveway as well. From the pictures, at one point it looks like their entire driveway is on the back corner of our property. Their driveway forms a circle when it leaves the house, and part of the circle appears to go through the corner of our property.
Questions:
(1) Who is liable for any injuries that might occur related to the structures since they are on my property? I am particularly concerned about the kiddie pool.
(2) My property is now nice and square. I really don't care to have pieces of it cut out to sell parts to accommodate these structures. Should I consider an easement for the back neighbor? One of their encroachments is a permanent addition to their house, can't be easily moved like the side neighbors can. Since the current owners of record are actually deceased, do we have the ability to communicate with the grandson at all?
(3) Is adverse possession at play here since the buildings appear to have been there a long while even if *I* have only owned it since Nov, 2017?
(4) Assuming we do decide to create an easement for the back neighbor, who is liable for anything that happens to that part of their house that is on my property?
(5) Finally....my property (and all around here) have many large, old-growth hardwood trees, many with branches that overhang the property lines. Who is responsible if a branch or even a tree falls on that part of their house that encroaches?
We are planning to get a survey done within the next 2 weeks, but even with that information these questions still remain.
Thank you for your time!!! I know it's a lot.
Hello. I purchased a home in North Carolina in November, 2017. There was existing data about the property lines in the county GIS, and we did not have a survey done at purchase due to time constraints. We purchased the lot the home is on plus the additional lot next door from people who had owned it since 1991. We are planning to put in a storage building, and run a driveway to the building as a place to park our 27' camper under cover. In planning this and looking at GIS data, it appears that our side neighbor and our back neighbor may have significant encroachments onto our property. We have looked back through GIS data pictures and it appears that the structures have been where they are since at least 1996, which is as far back as the county records have aerial pictures.
The side neighbor has a small metal storage building that is definitely over the property line.......the whole building looks to be over by 10 feet or more. They also have a kiddie wading pool next to it that is over. Part of their house driveway (not much, maybe 2-3 feet) along the length of their driveway from the road to the house also appears to be over the line.
The back neighbor is a bit more confusing. (1) The listed owners in public records are actually the current occupant's grandparents. The owners of record (grandparents) died in 2010, not sure why the g'son hasn't updated that. Taxes are paid up to date on it. (2) There is an addition on their house (uncertain of date and can't find permitting info, but it appears professionally done) that looks to be a couple of feet over the line. Even if it is not over the line, it definitely doesn't meet setbacks by code (6' from the property line) but I think it IS over by at least a foot or two. (3) Their storage building is completely over the line, and maybe a small part of their driveway as well. From the pictures, at one point it looks like their entire driveway is on the back corner of our property. Their driveway forms a circle when it leaves the house, and part of the circle appears to go through the corner of our property.
Questions:
(1) Who is liable for any injuries that might occur related to the structures since they are on my property? I am particularly concerned about the kiddie pool.
(2) My property is now nice and square. I really don't care to have pieces of it cut out to sell parts to accommodate these structures. Should I consider an easement for the back neighbor? One of their encroachments is a permanent addition to their house, can't be easily moved like the side neighbors can. Since the current owners of record are actually deceased, do we have the ability to communicate with the grandson at all?
(3) Is adverse possession at play here since the buildings appear to have been there a long while even if *I* have only owned it since Nov, 2017?
(4) Assuming we do decide to create an easement for the back neighbor, who is liable for anything that happens to that part of their house that is on my property?
(5) Finally....my property (and all around here) have many large, old-growth hardwood trees, many with branches that overhang the property lines. Who is responsible if a branch or even a tree falls on that part of their house that encroaches?
We are planning to get a survey done within the next 2 weeks, but even with that information these questions still remain.
Thank you for your time!!! I know it's a lot.
Creation: Liability on Easement, and Trees Overhanging Property Lines: North Carolina
Aucun commentaire:
Enregistrer un commentaire