Man comes home to find neighbor has taken half his driveway

[UglyGreed]

OSCEOLA COUNTY, Fla. — An Osceola County man returned to his home recently to find a line of cinder blocks cemented down the middle of his driveway. He said his neighbor did it, claiming half the driveway was on his property.

"I just hate to be bullied," homeowner Oliver Lynch said.

Lynch said a new neighbor, who is supposed to be building a home on a vacant lot adjacent to his, decided part of Lynch's driveway was his property.

Lynch said it happened without warning.

http://www.wftv.com/news/news/local/man-comes-home-find-neighbor-has-taken-half-his-dr/nmL2B/

[liberal N proud]

1. I had a neighbor build a berm and plant trees on my side of the property line

They covered the berm with mulch. Next time I mowed, I simply mowed along my property line as always and blew their expensive mulch all away.

The mower kind of did a number on the fresh soil they built the berm with too.

Neighbors are just great!

[Erich Bloodaxe BSN]

2. Well, it's rude to do it without warning

but if the land actually was on the neighbour's lot, then it's certainly his to do whatever he wants on it. I think I would have gotten a surveyor in first to make sure, though. My parents have a shared driveway with their neighbour on the other side, but there's a small metal tube embedded in the middle at the end nearest the street that marks the property line. But getting in and out would be a lot tighter if either of them decided to put up a fence or cinderblocks to make sure the other wasn't driving a few inches or feet onto the others' land until they got past the houses and into the sections beyond that are wider.

[pintobean]

4. Simple communication goes a long way.

There was no need for the new neighbor to be such an asshole, even if he's right. I hope his newly acquired property becomes the unofficial town dump.

[hobbit709]

6. My neighbor across the street had a hassle with the thumper that used to live next door to him.

When he put up a small fence to mark the property line the thumper had a cow and demanded that he remove it because it was across on his side of the property line.
They went back and forth about for months until the thumper finally had it surveyed. He found out that the fence in the back yard that he put up was actually six inches inside my friend's yard.
Never heard another peep from the ass until he moved out.

[Erich Bloodaxe BSN]

7. Did your friend demand he move his fence the six inches to put it on his own property?

I make it a point not to put anything permanent along the property lines if possible. I put in a row of bushes to help screen our yard from the neighbours, but planted them several feet out into my yard, and keep them trimmed so I can walk along behind them on my side of the line. I also keep the raspberry patch trimmed so it's a few feet away from the line as well.

[hobbit709]

8. After Charlie moved it didn't matter any more, the new owners are good people.

[Human101948]

9. And your friend had a free fence...

It was left on his property, it's his.

[Sheldon Cooper]

10. What's a 'thumper'?

[hobbit709]

11. Fundy bible nut.

[Sheldon Cooper]

12. Ahh. Okay.

Thanks!

[Major Nikon]

14. The thing to do is immediately send them a notice demanding rent

That way if a survey determines they are using your land, you can put a lien against their property if they don't pony up with the rent money.

[yeoman6987]

3. Yes not much sympathy here

If it wasn't his land to begin with, he doesn't have much to complain about. More likely he was using the part of the driveway that wasn't his to begin with and now is upset he doesn't have the extra free land.

[Sheldon Cooper]

16. Or,the new neighbor could just be a colossal asshole who, instead of trying to discuss

the situation, immediately took the nuclear option. He probably didn't understand his property survey, and just decided to swoop in and take some free land from the guy who has lived there for years, and presumably knows where his property lines are.

[rsdsharp]

5. According to the story, Mr. Lynch has lived in his home 25 years.

In most states there is the concept of adverse possession. If he has continuously been openly, visibly, and notoriously been using that driveway for the required period of time (in most states 10 years), he owns it; including the now disputed portion. However, it will probably take a quiet title action to establish that fact.

[UglyGreed]

18. Yes I was wondering

if this may be the case myself.

[reddread]

13. nothing in this world is more important than good neighbors

although a cohesive and justice minded political party would be nice.

[riderinthestorm]

15. The neighbor who cemented the blocks without notice is a minister

[UglyGreed]

19. What would Christ do???

[Lunabell]

17. Christians just don't seem a "christian like" as they used to.

"He said he was a minister or something like that. (A) God-fearing man. But I don't think that's very Christian-like," Lynch said.

[UglyGreed]

20. One of the reasons

I posted the article.

[MineralMan]

21. I have a shared driveway with my next-door neighbor.

Some of the houses built in the 1950s in St. Paul have that arrangement. The driveway is 24' wide and about 75 feet long. There are a number of these in the area. In a few cases, low walls have been erected to divide the driveway. I prefer getting along with my neighbor to having a narrow driveway. We respect each other's space and don't encroach on the other half. It's not a problem. When the asphalt needed replacing, the neighbor and I split the cost of paving.

Not all neighbors get along, I guess. A shared driveway is an interesting challenge. When the snow falls, I clear both sides, because my neighbor is somewhat disabled, and she doesn't own a snowblower. No big deal, really. I hope she stays put. We get along OK.

[Paladin]

22. Dig out your property survey plat, Mr. Lynch.

If you can't find a copy, the title company who furnished your title insurance will have one---and you need to alert your title insurance carrier, anyway. Adjacent property owners don't get to just "decide" where property boundaries are situated; either the new neighbor put those cinder blocks on his own property, or he is trespassing on Mr. Lynch's property and is legally liable for that trespass. The burden of proof is on that new neighbor, one way or the other.