SURVEY
A survey was made of Cassino's 45 acres containing one 40.9 acre parcel with home and an adjoining vacant 5.1 acre parcel by Evergreen Surveying, Inc. on October 31st, 2012. It showed that the Jordans home was partly on the north property line of the 5.1 vacant acre parcel where a 30 foot setback is required. This happens to be the best location for a mountain view from the parcel..This fact has since been verified by Jefferson County Planning & Zoning.
Evergreen Surverying, Inc. 6949 HWY 73, Suite MW-3, POB 3514, Evergreen, CO 80439, 303-674-3444. 303-674-1348 fax, [email protected] owner Bob Feroldi
Pictures of home are below the survey image.
Evergreen Surverying, Inc. 6949 HWY 73, Suite MW-3, POB 3514, Evergreen, CO 80439, 303-674-3444. 303-674-1348 fax, [email protected] owner Bob Feroldi
Pictures of home are below the survey image.
This is the West side of the home looking East - the red line show the 10-15 feet of the South side of the home encroaching on Cassino's property plus there is a 30 foot setback required.
BELOW IS THE FULL SURVEY
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.