Disabled Vet
Well-Known Member
The development was done in 1990 (plat map). Home A was build around 1996. Home B was build around 1998. Home B was sold in 2008 from orginal builders/owners, Grass line, Shrubs, in ground sprinkler system in place showing where property lines are. The in ground sprinkler line runs from the edge of the property line (determined by grass in Home B's yard, mulch pine trees in Home A property) Orginal owner/builder of Home A dies, and new owners move in 2010. Home A (new owners) seem like good people until Home B (new owner 2008) parks a trailer in the woods with a 4-wheeler on it. Home A comes over to Home B and states you can't keep that trash there because it looks like crap. The 10,000.00 covered, new ATV and trailer can been seen from Home A back deck. Of course this isn't the way to approach someone over and issue talking about trash and alot of other comments that were out of the way to make Home B mad. Home B find and reads convenats Convenants disallow this.. Home B was unaware of this clause and moves trailer out.
Home A becomes like the neighbors from hell (owner couple). Home B thinks maybe a privacy fence is the best route to take. Since Home B didn't have a map lay out of the sprinkler heads him and his wife go thru back yard with each head turned on and makes a map of all sprinkler locations. Home A stands on back deck of their house and watchs the entire time. Long story but Home B does need the privacy to keep peace with these folks. Home B talks with Developer, there are (per convanents) developer, 2 home owners on the ok board for stuff like fences, sheds etc. Developer was unable to remember who the 2 home owners on the board are. He developed two area with a wooded area between them with about 8 homes in each location. Developer states to Home B draw it up with fence and give to him. Home B decides to have a staked survey of done of that lot line. Come to find out Home B is over onto Home A property in the rear section by about 3 feet. The property line in the front between Home A and Home B is ok. As it goes back there becomes this gap area. Home B sprinker lines and sprinkler heads are on Home A property.
Home B goes and gets a plat map to check it out as well. It seems on the plat map there is also a Drainage/Pedestrain walk way between these to homes (10 feet on each side of property line) Home A has a concrete parking pad in this area. Home B sprinkler system is over onto Home A property. Now both home owners are new owners within last two years. both didn't know about this easement or Home B onto Home A property. Failure to read paperwork. OK... I know the famous answer get a lawyer.
What recourse does Home B have considering the in ground sprinkler system is already in place and has been since 2000.
thanks
Home A becomes like the neighbors from hell (owner couple). Home B thinks maybe a privacy fence is the best route to take. Since Home B didn't have a map lay out of the sprinkler heads him and his wife go thru back yard with each head turned on and makes a map of all sprinkler locations. Home A stands on back deck of their house and watchs the entire time. Long story but Home B does need the privacy to keep peace with these folks. Home B talks with Developer, there are (per convanents) developer, 2 home owners on the ok board for stuff like fences, sheds etc. Developer was unable to remember who the 2 home owners on the board are. He developed two area with a wooded area between them with about 8 homes in each location. Developer states to Home B draw it up with fence and give to him. Home B decides to have a staked survey of done of that lot line. Come to find out Home B is over onto Home A property in the rear section by about 3 feet. The property line in the front between Home A and Home B is ok. As it goes back there becomes this gap area. Home B sprinker lines and sprinkler heads are on Home A property.
Home B goes and gets a plat map to check it out as well. It seems on the plat map there is also a Drainage/Pedestrain walk way between these to homes (10 feet on each side of property line) Home A has a concrete parking pad in this area. Home B sprinkler system is over onto Home A property. Now both home owners are new owners within last two years. both didn't know about this easement or Home B onto Home A property. Failure to read paperwork. OK... I know the famous answer get a lawyer.
What recourse does Home B have considering the in ground sprinkler system is already in place and has been since 2000.
thanks
