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Member |
When we moved in 23 years ago the neighbors told us they signed a variance to allow the former homeowner to build a garage on the property line. We took them at their word and never checked into it. I'm going to find out today if one exists and if so it's location. | |||
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Member |
My Mom lives in a house her Dad built back in the 20's or so. It's a semi-rural area in MI. About 25 years ago the local lines were resurveyed with modern methods. The property lines shifted 15+ feet or so. It was mostly to my mother's benefit, since the other side was open with some lowland. The neighbor had been mowing this new strip in question for years. His prior mowing had no bearing on actual ownership. I saw similar in GA, with a more recent survey. We had it as a temporary house, but could of put a fence in part if the yard the neighbor mowed. | |||
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| Member |
Yeah, they've noticed the pins because there are big marker sticks with blaze orange markers hanging from them. Neither one of them have said a word. These people are gems, her boyfriend called me one day to complain about cat hair on his lawn that he claimed came from our old furniture that a furniture company took with them when we bought new recliners. The problem was we don't have a cat and they never took our furniture, in fact it was still in my house. He called being a complete dick and demanded I call them and have them come get the hair off of his lawn, I told him his was nuts and to get his phone book and call them himself...and he did. | |||
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Repressed |
A variance is something granted by the municipality in which you live - it's typically a bending of the rules of the zoning code to which your property would otherwise be subject. It comes from the local government, not your neighbor. Whatever they signed, it is not a "variance.". I'm hoping, for your sake, that I wasn't actually tantamount to a boundary line agreement. -ShneaSIG Oh, by the way, which one's "Pink?" | |||
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| I believe in the principle of Due Process  |
I guess it is likely a "king's x" to have a structure in the setback area required by the local zoning code. Believing that the garage was built on the line, a variance was granted. Luckily, I have enough willpower to control the driving ambition that rages within me. When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson "Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown | |||
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I'm Fine |
This. We had to go before the county board to get a variance to put our house closer to the front property line than typically allowed. It doesn't have anything to do with changing property lines or changing ownership - it just allows you to put something in a place it isn't normally allowed... ------------------ SBrooks | |||
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Info Guru |
I know things are different in different states and municipalities, but I served on the city zoning board for a 5 year term and whenever a variance was being considered each property owner that could be impacted was asked for a statement on whether they agreed with granting the variance or not and why. His neighbor may have been asked for a statement on whether they approved or not. Of course, that statement was only factored into the decision, it was not the final word by any means. “Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence.” - John Adams | |||
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| I believe in the principle of Due Process |
I would worry that your predecessor has acquiesced in the boundary specified in the variance grant, an admission. If you believed that was the boundary, you did not possess exclusively, continuously, notoriously, etc. Luckily, I have enough willpower to control the driving ambition that rages within me. When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson "Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown | |||
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| Member |
This worries me too. I talked to our township zoning officer an hour ago and he said that if a variance was granted that since it was so long ago they wouldn't have it on file. | |||
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| Info Guru |
That's crazy. The city board I served on was required to keep every single variance ever issued, records of the meeting minutes and all statements and evidence considered. I wonder why in the world they wouldn't require that be kept? How would disputes ever be resolved if it's just each property owner's memory of whether a variance was issued or not? “Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence.” - John Adams | |||
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| Member |
Exactly what I thought. The township secretary is looking for me so I hope she turns up something. | |||
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| Little ray of sunshine  |
No, I mean to suggest they may not have adversely possessed your land. The fish is mute, expressionless. The fish doesn't think because the fish knows everything. | |||
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| Member |
OK, I feel a little better. :-) | |||
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Don't Panic |
This sort of thing is why I have always gotten a survey prior to purchasing property. It's an expense, sure, but surprises can be even more expensive. You've already gotten good advice from attorneys above. Non-attorney here - to their words of wisdom I'll just add a recommendation to make sure your attorney attorney knows this bit.
If they lied, that might affect the situation. If that's a factor in your area, your attorney will know. Good luck. | |||
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| Non-Miscreant |
Its clear as mud. We bought this property 32 years ago. We needed a survey and paid the price. Then 7 years ago, we decided to tear down the old house and rebuild. And of course everyone and their mother wanted another survey. So along comes the surveyor and shook up the apple cart. Turns out our property line in the back is right in the middle of my neighbors drive. He re-did the survey several times, trying to prove all the angles. It became kind of important to me because this city requires 7' of offset. So we built the garage 7' from the surveyors property line, maybre a bit too close to the neighbors liking, but nothing else has changed. He still uses his drive, we still share cutting the little strip. We smile and wave and so do they. I even doubt anyone who works(collects pay) from the city knows or cares. I don't. Unhappy ammo seeker | |||
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| Member |
I got proof today that the previous homeowner did in fact get a variance to build the garage three feet from the property line NOT directly on the line as the neighbors told us 23 years ago. The diagram he turned in to the township shows the correct property line, not the one we were told. I called my attorney this morning but she had court and didn't call me back. I'll call her again in the morning. Thanks to everyone who has given me advice. | |||
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| Repressed |
Well, then from the situation as presented, I don't think you have much to worry about. You win. -ShneaSIG Oh, by the way, which one's "Pink?" | |||
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| Member |
Talked to our lawyer and she said we should be fine, but to give our neighbors something in writing saying something to the effect we'll give them 30 days to get their own surveyor if they don't agree with ours. I talked to the neighbors today, which caught me off guard, and they seem fine with the new and correct property lines, but I don't trust them. Thanks again to all who have contributed to this thread, I appreciate it. | |||
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| I believe in the principle of Due Process |
"Trust, but verify." And memorialize. Luckily, I have enough willpower to control the driving ambition that rages within me. When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson "Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown | |||
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| Ammoholic |
And a fence isn't a bad way to memorialize.  | |||
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