Jordan's Problems
1 - Home is 10-15 feet over the common property line with neighbor Lance Cassino - plus Jefferson County Planning & Zoning requires an additional 30 foot set back.
2 - Well is on the neighbor to the north - the Mankins - due to same problem as with Cassino.
3- Driveway for sure and maybe the septic system are also over the common property line with neighbor Lance Cassino per Jefferson County Planning & Zoning which requires an additional 10 foot set back for septic.
4 - Jordan's did not buy a title insurance policy for themselves exactly for these kind of problems from Chicago Title Insurance Company - the did for their lender which is unknown at this time. See Chicago Title link for their position at this point in time on this complaint..
2 - Well is on the neighbor to the north - the Mankins - due to same problem as with Cassino.
3- Driveway for sure and maybe the septic system are also over the common property line with neighbor Lance Cassino per Jefferson County Planning & Zoning which requires an additional 10 foot set back for septic.
4 - Jordan's did not buy a title insurance policy for themselves exactly for these kind of problems from Chicago Title Insurance Company - the did for their lender which is unknown at this time. See Chicago Title link for their position at this point in time on this complaint..
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What Can You Do About an Encroachment?
Put simply, an encroachment is when another person puts up a structure that intrudes on (or over) your land. This issue might come up if, for example, one of your neighbors were to build a shed that is partially on your property, or expands his house so that a porch ends up on your property.
You might decide that your neighbor's encroachment doesn't bother you and do nothing about it. This option has the advantage of preserving good will between you and your neighbor. However, if you ever want to sell your property, you will need to disclose the encroachment to any potential buyers so that they can consider the issue as part of their purchasing decision.
Remedies for an Encroachment
Fortunately, there are number of ways to handle an encroachment. However, before you do anything, make sure you know where the boundaries of your property are. You are about to begin discussions with your neighbors, and do not want to cause any ill will over mistaken boundaries.
Next Steps
Contact a qualified attorney to help you address difficulties with your neighbors.
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This is a rough draft website for Lance Cassino in explaining his planned case overview to an attorney being sought to represent him in Jefferson County District Court for a complaint to decide an encroachment on property. It is like a complete case intake available anywhere 24x7.
(This case site by Lance Cassino and is like a "case notebook" www.YourCaseSite.com that organizes essential case information together in one place, including client documents, e-discovery documents, briefs, transcripts, pleadings, key facts, statutes, case citations, legal research and much more. It is a comprehensive, integrated solution for organizing, reviewing, managing and producing case information, in your office, at home, at a hearing, at trial and when traveling from your PC (Mac or Windows or Linux). Which allows an attorney to plug his case into the court’s audio visual system for maximum presentation and control. Helps minimize the paperwork - on the courtroom desk whether representing defendant or plaintiff.)
Learn About the Law Find a Lawyer FindLaw Answers Legal Forms News Blogs
FindLaw » Learn About The Law » Real Estate Law » Neighbors »
What Can You Do About an Encroachment?
Put simply, an encroachment is when another person puts up a structure that intrudes on (or over) your land. This issue might come up if, for example, one of your neighbors were to build a shed that is partially on your property, or expands his house so that a porch ends up on your property.
You might decide that your neighbor's encroachment doesn't bother you and do nothing about it. This option has the advantage of preserving good will between you and your neighbor. However, if you ever want to sell your property, you will need to disclose the encroachment to any potential buyers so that they can consider the issue as part of their purchasing decision.
Remedies for an Encroachment
Fortunately, there are number of ways to handle an encroachment. However, before you do anything, make sure you know where the boundaries of your property are. You are about to begin discussions with your neighbors, and do not want to cause any ill will over mistaken boundaries.
- To begin with, you can, and probably should, talk to your neighbor about it. He might be able to move the structure, or you might come to some alternate arrangement. Resolving any disputes out of court can save both of you legal fees, as well as the stress of hiring attorneys and going to court. If you and your neighbor decide to leave the encroachment in place, you may consider giving them written permission to use your property. This can prevent a later claim of adverse possession.
- If your neighbor is unable or unwilling to remove the encroachment, but is otherwise open to resolving the issue, you may wish to consider selling the encroached-upon property to him. That way, you get some money for the loss of your property and your neighbor gets to use the land without worry. It is usually a good idea to contact your mortgage lender before such a sale, in order to make sure all the land records are accurate and up to date. A local real estate attorney can help you get all these documents in order.
- If all else fails, going to court may be required to get rid of an encroachment. In many cases, you would need to prove two things: 1) that you actually own the property; and 2) that the neighbor is using the land improperly and should be removed. This first goal is accomplished through what is known as a "quiet title" action, while the second is done through what is often referred to as an "ejectment action." This is a long process and usually (not surprisingly) does not encourage a good relationship with your neighbors. To make matters worse, you might lose. If your neighbor has been improperly using your land for some time, he could succeed in an adverse possession action, or, more likely, get the court to grant him the right to limited use of the property (known as a "prescriptive easement").
Next Steps
Contact a qualified attorney to help you address difficulties with your neighbors.
=====================================================================================================================================
This is a rough draft website for Lance Cassino in explaining his planned case overview to an attorney being sought to represent him in Jefferson County District Court for a complaint to decide an encroachment on property. It is like a complete case intake available anywhere 24x7.
(This case site by Lance Cassino and is like a "case notebook" www.YourCaseSite.com that organizes essential case information together in one place, including client documents, e-discovery documents, briefs, transcripts, pleadings, key facts, statutes, case citations, legal research and much more. It is a comprehensive, integrated solution for organizing, reviewing, managing and producing case information, in your office, at home, at a hearing, at trial and when traveling from your PC (Mac or Windows or Linux). Which allows an attorney to plug his case into the court’s audio visual system for maximum presentation and control. Helps minimize the paperwork - on the courtroom desk whether representing defendant or plaintiff.)
Defendant accountability/responsibility/insurance policy chronologically:
Cedar View Homes, Inc. - not verifying property lines/builders risk insurance policy claim.
Larry Jepsen - not verifying property lines/builders risk insurance policy claim.
Barta & Associates - not verifying property lines/business risk insurance policy claim..
Julia Purrington - not verifying property lines/E&O insurance policy claim.
Dania Guth - not recommending a title insurance policy/E&O insurance policy claim.
Marc and Leigh Ann Jordan - not buying a title insurance policy/homeowners insurance policy cl;aim/lien in land records.
Cedar View Homes, Inc. - not verifying property lines/builders risk insurance policy claim.
Larry Jepsen - not verifying property lines/builders risk insurance policy claim.
Barta & Associates - not verifying property lines/business risk insurance policy claim..
Julia Purrington - not verifying property lines/E&O insurance policy claim.
Dania Guth - not recommending a title insurance policy/E&O insurance policy claim.
Marc and Leigh Ann Jordan - not buying a title insurance policy/homeowners insurance policy cl;aim/lien in land records.