Thursday, March 29, 2007

Range war: At the Tin Star Ranch

Not really as dramatic as all that,
"J. Noble Daggett" is on the case...

Things are coming to a head with our neighbor
and a boundary dispute we have had since shortly after we purchased the place in 1999.

In 1986 or so the prior owner fenced the entire alley
that seperated the properties.
In mid 1999, The city gave up the alley half to us, half to the neighbor.
We still have the whole alley fenced into our yard, and our garage is on a couple feet of it as well.
The realtor and mortgage lender smiled and nodded that all was in order at closing.

'Twern't so.

A handshake could have settled this 8 years ago, in fact it had, I thought.

The neighbor's boyfriend- now husband - told me about the boundary trouble and said they would trade title to the 8 foot strip for a new fence, as the old one might be a hazard to their toddler. We bought the fencing- $400 dollars worth on clearance. She blew up the deal, it was "MY LAND , NOT HIS!!!" , she exclaimed. The fencing sits , unused, a monument to the quality of unwritten agreements-they are only worth the paper they are written on..

"Lawyer Daggett" said the realtor and mortgage man did a sloppy job, but a mess like that was usually settled for a couple of hundred dollars, and that his office could arrange the paperwork when an agreement was reached.
"City Planner" told me the permit is proper for the garage- they won't order its demolition.
He further told me that boundary problems like this were commonly settled for a couple hundred dollars,

but our friend is thinking in the thousands.
Think again, friend.

Fence has been up for 20+ years, we have lived here 8+ years.

Had to involve the lawyer this week, now it may get expensive for us both.

This week she left a phone mail threat to move the fence,
don't know what she will do to the garage .
Well, I do know- she will do nothing,
or face tresspass charges according to our "Lawyer Daggett's" letter to her.

The prior owners of these properties should have cleaned this issue up.
We are stuck with their mess.
I am not entirely unsympathetic to her point of view,
but each of us bought our properties thinking
that the fence was the true boundary.
After all these years- it is,
and will soon be codified hopefully by sale-by
court order if necessary.

Hopefully we can reach an out of court settlement to make it so.
Prayers appreciated.

1 comment:

WomanHonorThyself said...

So sorry Terry Jim..what a mess..lots of luck my friend!