My point was with an HOA these issues are typically avoided.
Annoying neighbor
- Thread starter Donald
- Start date
Not with most any house in any HOA I've been in.............property lines and such are NOT the purview of the HOA.
Not trying to be rude or brusk just seems unhelpful. Waste of time. OP is in an HOA and is President. He can bring it to the board or all members. Just saying.
What do your bylaws say with regards to landscaping? Is it possible that the flower bed is nonconforming?
If the flowerbed itself is nonconforming then the property line issue for the most part. irrelevant.
Had a neighbor we used to be friendly with for years but that went downhill. Luckily we didn't put a gate in the fence like they wanted so kids could play etc. A couple years later when I went to sell my house, his kids (10-13 yo) were being total A-holes whenever they saw people come to look. Tossing stuff, yelling/screaming making sure their basket ball hit the cars etc. I asked nicely for some co-operation and he and his wife ignored it. I had a bad day at work, very tired, his kids were doing the same while he was out there and people came to look at house.
After those potential buyers left, his wife came home. I "calmly" explained that since they are making it difficult to sell I will be keeping the house and renting it out as section 8 housing. I can't discriminate on race, religion, sexual orientation, past criminal history etc. I would be splitting my very large bedroom into 2 smaller ones to accommodate more tenants for more money. He said I can't do it due to code for space etc. I handed him a fresh copy of the town code with all dimensions required and said I hope for a registered offender that will look over his pool and family from the bedroom window.
I then cut every branch and bush that was hanging over our property line, straight up. It ended up killing half of the stuff. I also took down his landscape blocks that were on my side from when he built up for pool level area when we were friendly. Cost him a couple grand to redo the area and move the fence back off the line. He had it surveyed prior to fence so he knew it was on my side. I kept the blocks since they were mine then.
After that we rarely saw them. His kids, their friends etc totally disappeared when a strange car came on the block. I sold a couple months later.
Being friendly and cordial with neighbors is nice until they are not. Like everyone said, it was there before both of you, if he doesn't like it, let him change it, if he trespasses, prosecute. Paint the line with marking paint "just" on your side. Have the surveillance camera monitor it. Send him a bill for landscaping fees for maintaining it nicely all that time.
After those potential buyers left, his wife came home. I "calmly" explained that since they are making it difficult to sell I will be keeping the house and renting it out as section 8 housing. I can't discriminate on race, religion, sexual orientation, past criminal history etc. I would be splitting my very large bedroom into 2 smaller ones to accommodate more tenants for more money. He said I can't do it due to code for space etc. I handed him a fresh copy of the town code with all dimensions required and said I hope for a registered offender that will look over his pool and family from the bedroom window.
I then cut every branch and bush that was hanging over our property line, straight up. It ended up killing half of the stuff. I also took down his landscape blocks that were on my side from when he built up for pool level area when we were friendly. Cost him a couple grand to redo the area and move the fence back off the line. He had it surveyed prior to fence so he knew it was on my side. I kept the blocks since they were mine then.
After that we rarely saw them. His kids, their friends etc totally disappeared when a strange car came on the block. I sold a couple months later.
Being friendly and cordial with neighbors is nice until they are not. Like everyone said, it was there before both of you, if he doesn't like it, let him change it, if he trespasses, prosecute. Paint the line with marking paint "just" on your side. Have the surveillance camera monitor it. Send him a bill for landscaping fees for maintaining it nicely all that time.
Correct. HOA takes care of common area but each homeowner does the landscaping and upkeep for his own lot. HOA does have requirements, like your lawn has to be mowed during the warm weather.
@Pablo @BMWTurboDzl
AS Donald said his HOA doesnt have these requirements. But I wanted to make clear some HOAs completely regulate the everything on your property and exterior of you home. (So the point mute but wanted to clear up that conversation you had)
This includes the color of your home and any changes to it, right down to the color you paint your front door and/or need approval or any changes to the front door.
Also as in our new HOA community, the rules are quite extensive, for example.
The builder has to submit and have approved the landscaper plans for every home his builds. Some build a couple hundred homes at a time and the builder will get 3 plans approved for the landscaper to use once the home is built and landscaping put in. Simply in case certain species are not available at a give time the landscaper can revert to a plan where they are available.
Plans detail every species of shrubs on all four sides of the home and all species of trees and their exact location placement on the property, if you make any changes to these original installed plantings you need approval by submitting a site plan.
Of course other restrictions apply as well, including vehicles parked in your driveway must be in running condition (ex no flat tires) of course no trailers etc.
Right down to your boundary/property line. Ex. Fencing must be approved of a certain type and can not be placed on the property line, it must be placed one foot into your property from the property line.
You provide all your own property maintenance and restrictions on how high your grass can grow etc.
With all the above said, even though we have active enforcement most reasonable stuff is left alone unless someone files a complaint. Ex. some people naturally when coming form up north LOVE to plant palm trees, most dont know you need approval but you wont be bothered unless someone complains. You can not with any planting block your neighbors views of any lakes or ponds.
The community is surveyed monthly and violations issued for blatant items, believe it or not, one of those items are the installed decorative light poles on your property, every home has to be built with one. You are responsible to replace the light bulb should it burn out and that is one item people are contacted about *LOL*
Definitely nothing other than registered working vehicles in your driveway, no work allowed on your vehicles in your driveway other than common maintenance, no on street parking. There are other restrictions for your yard when backing the gold courses or ponds/lakes.
AS Donald said his HOA doesnt have these requirements. But I wanted to make clear some HOAs completely regulate the everything on your property and exterior of you home. (So the point mute but wanted to clear up that conversation you had)
This includes the color of your home and any changes to it, right down to the color you paint your front door and/or need approval or any changes to the front door.
Also as in our new HOA community, the rules are quite extensive, for example.
The builder has to submit and have approved the landscaper plans for every home his builds. Some build a couple hundred homes at a time and the builder will get 3 plans approved for the landscaper to use once the home is built and landscaping put in. Simply in case certain species are not available at a give time the landscaper can revert to a plan where they are available.
Plans detail every species of shrubs on all four sides of the home and all species of trees and their exact location placement on the property, if you make any changes to these original installed plantings you need approval by submitting a site plan.
Of course other restrictions apply as well, including vehicles parked in your driveway must be in running condition (ex no flat tires) of course no trailers etc.
Right down to your boundary/property line. Ex. Fencing must be approved of a certain type and can not be placed on the property line, it must be placed one foot into your property from the property line.
You provide all your own property maintenance and restrictions on how high your grass can grow etc.
With all the above said, even though we have active enforcement most reasonable stuff is left alone unless someone files a complaint. Ex. some people naturally when coming form up north LOVE to plant palm trees, most dont know you need approval but you wont be bothered unless someone complains. You can not with any planting block your neighbors views of any lakes or ponds.
The community is surveyed monthly and violations issued for blatant items, believe it or not, one of those items are the installed decorative light poles on your property, every home has to be built with one. You are responsible to replace the light bulb should it burn out and that is one item people are contacted about *LOL*
Definitely nothing other than registered working vehicles in your driveway, no work allowed on your vehicles in your driveway other than common maintenance, no on street parking. There are other restrictions for your yard when backing the gold courses or ponds/lakes.
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HOAs can order changes and fine any property in violation. HOAs can change rules and regulations at any time as well.
There are no time limits when the violation occurred but the point is mute as Donald has said.
There is no indication or such thing as a poorly define property line. It's the property line, plantings and structures do not change that. The line is the only legal line, not what is placed on it. That is the buyer or buyers due diligence to know the property boundaries before purchasing and if anything is violating those lines. But if found out later, it's certainly within someone's right to ask it be removed.
As far as getting into the nitty gritty of things and one wants to hire a lawyer and hope a court agrees with you is certainly an option. Once in court anything is up to the judge, just seems silly to ask someone to give up there property rights to someone else who has built something on your property be it a structure or landscaping. IN fact if that owner did know about it and stay quiet that might give a judge pause to ask 10 years later for it to be removed without reason.
Yeah, my post maybe will help others, to me HOAs are simple stuff, learn what you are buying into and if you dont like it, buy someplace else.
Bingo.
Close thread.
HOA not involved.
OP: If line is and was legally established, it's his. Walk away. Take any possessions, including rocks and bricks that may be yours.
Adverse possession could be a thing, but probably not worth it. The neighbors behind us did it to the guy who subdivided way back when, around 2010. Worked for them, paid $5000 in fees and such to gain around 0.1 acre, all based on a screwy fence line and their goats. I have a fence that runs into another property. I can see it - it's 12.4' onto his property at the furthest line as measured at the adjacent line. He doesn't care.
Yup lots of screwy things can happen with property. I gave my X Wife the house we lived in 2 decades ago, when she went to sell not to long ago, the survey revealed the neighbors fence he installed a long time ago was 6 inches on our (now her)property. I had no clue at the time as there were heavy brush back there. Anyway, the buyers (attorney) of her house wanted it corrected OR a legal document stating that homeowner would not claim that property sometime in the future and he can leave the fence if he agrees.
DO you know, this guy held up the process for 2 weeks because he wouldnt sign it at first *LOL*? She finally told him they will tear down the fence if he refuses. So he signed, eventually. It was surprising as the neighbors there were always amicable and nice, until ...
We have to acknowledge most of the public cannot think objectively and be analytical. They let feelings get involved to practical matters.
I can't believe this thread is 5 pages long.
It should have been caught when you bought your property, it should have been caught when he bought his, but it wasn't. It was caught now.
Move your stuff and move on with life. It's not your fault, but you have to deal with it. It could go a ways earning some or more credibility as the HOA president.
It should have been caught when you bought your property, it should have been caught when he bought his, but it wasn't. It was caught now.
Move your stuff and move on with life. It's not your fault, but you have to deal with it. It could go a ways earning some or more credibility as the HOA president.
