<p>Do watch out for adverse possession. If you let a neighbor use part of your land, they can end up owning that part. This is not the same as an easement.</p>
<p>qdogpa’s advice is good. I am a lawyer in California and have actually litigated adverse possession and prescriptive easement cases (as well as dealing with my own situation mentioned above.) Most of the legal advice you’ve been given in this thread is, at best, 1/2 true in California. I wouldn’t venture to express an opinion as to your state. Making sure that there is a survey and a permit for whatever work is done next door is prudent, period. How you accomplish those tasks is a social/personal/practical/financial decision for you to make.</p>
<p>EK, I don’t believe it’s permissible for someone to tear down a structure in Seattle without a demolition permit.</p>
<p>Well I could show you pictures!
He doesn’t have a permit- he is not having his architect in on it- he is having his son do it.
He has owned the property for 25+ yrs- but it has been a rental( but vacant for about 2-3 yrs), until this past spring when he began having remodeling done.</p>
<p>I do not know if he thinks * I don’t know anything?* or if he is really that naive re: the process- he is the senior legislative analyst for our county & I imagine that if I have the money to hire a surveyor- he does. But he hasn’t & claimed to not know that according to city records, his lot includes 2’2" of the lot north of him.</p>
<p>The renters had used the driveway- but never for more than one car & since there is not enough room for two legal driveways ( of 10’ ea, )I don’t see how he can rebuild, especially since he has now torn down the garage completely ( there is a small concrete footing around 3 sides- but no floor.)</p>
<p>Do watch out for adverse possession. If you let a neighbor use part of your land, they can end up owning that part. This is not the same as an easement.</p>
<p>In this case- shouldn’t it be considered part of his lot so that he- not we are paying taxes for it?</p>
<p>People do all sorts of things without permits, tearing down, building structures. It only comes to light when a neighbor reports them. You could definitely have a greater problem if you wait until he’s built the structure to take action. </p>
<p>I’m wondering how he could claim adverse possession (and he’d have to go to court on that, wouldn’t he?) if it was someone else using the driveway, not him. If you have given permission, then you have given “license” which you could then take away, and nobody could claim adverse possession. He couldn’t have an easement by using it, that would have to be granted, I think (unless it’s recorded but you just can’t find it). But even if he went through the process, wouldn’t adverse possession just say that he can continue to use your driveway, but doesn’t mean he can now build on it? I’m not a lawyer, I just know enough questions to ask. What say you lawyers?</p>
<p>“I am going to notify him, that I am going to get a survey-”
Excellent idea!!</p>
<p>The condo property behind our lot recently replaced the fence. The day they began tearing down fence, one of the neighbors called the village and inquired about a permit. No permit - so they came out and shut the condo managers down until a permit was issued and stakes placed. I’d be calling your city ASAP to have a look at what’s going on. If the neighbor hasn’t spoken with you about this, I’d assume he’s trying to get away with something.</p>
<p>Of course, I wouldn’t typically report on my neighbor, because it goes both ways. You never know if he’s kept a record on every tree you ever cut down, and you don’t want to have bad blood and always be looking over your shoulder. But if this could encroach on your property, you should take a look.</p>
<p>Most of our neighbors, they could do anything and we’d look the other way. One, though, wants to build on his empty lot (it’s a landslide hazard that could threaten the stability of our property), and for that one, we contacted the city and have followed up on every move.</p>
<p>*Of course, I wouldn’t typically report on my neighbor, because it goes both ways. You never know if he’s kept a record on every tree you ever cut down, and you don’t want to have bad blood and always be looking over your shoulder. *</p>
<p>lol
these are only 5000sqft lots- no secrets . In the last 5 years I have removed all my sod- taken out an english holly, english laurel, & a privet hedge ( all non native & pesky), planted native dogwoods, mahonia, huckleberry etc. shrubs- the only big tree we planted has been a serbian spruce that was our daughters first christmas tree & a scarlet oak on the planting strip that was free from the city as part of a reforestation program, haven’t cut any down though . ( digging up the holly was fun- but I am happy to not have to do that again)</p>
<p>Im sure we can work something out- but since he has a 2nd unit in his back yard( like the teeny tiny womans) , it makes us more vulnerable to his decisions- so I need to watch out for our interests.</p>
<p>If there is any question at all that the garage might end up on your land, or that he could get the right to park on your land forever you ought to nip that in the bud now. You can tell the building department anonymously if you are worried about bad blood. As an architect I legalize stuff all the time for people who were too stupid to get building permits first. We have pretty whopping fines in our town, I don’t know why people go to the risk they do.</p>
<p>“I don’t know why people go to the risk they do.”</p>
<p>In our town people do it to avoid getting their property taxes bumped up. Putting up a garage without a permit is pushing things, obviously. But the letter of the regulation here is that you need a permit to replace carpeting in your home. That’s regulation run amok for sure.</p>
<p>Another possibility is just going to the planning dept at the town hall, and starting to ask questions about it. Without giving your name. They might jump all over it, without you having to identify yourself. We just started asking questions about our neighbor, who had started chopping down trees (in a landslide zone, near the water, without a permit, that was possibly destabilizing the land)…and they went right out there and forced him to stop. And we probably live pretty close to you. Though I’m not your neighbor trying to build the garage! And if I was, I’d be asking you if it was okay.</p>
<p>As far as chopping the trees down, around here, you never know for sure if it’s legal—and you know how psychotic people are about the freaking trees, so do you even want to ask the question? Our story is that, yeah, remember that big windstorm that came around? That’s what happened to those trees!!</p>
<p>New owner is next door. NOW is the time to be sure you know where your property line is. It is worth your while to hire the surveyor to mark that property line, unless you need/want it for the entire perimeter you can get just that property line officially established at a lesser cost instead of all of your boundaries. If you can get him to do it instead- bravo. Otherwise it is better to prove the lot line with a new survey at your expense than to argue with him or let him violate the property line. You owe him nothing for any expenses he incurs because he didn’t follow the rules.</p>
<p>If it turns out your new neighbor thought part of your property was his it is his tough luck- don’t allow him to build on your property or abuse the setback rules. If he tore down an existing structure he can’t replace it in the same footprint if it would be illegal. He should have made sure of property lines before he purchased his house- you have no obligation to grant him use of your legal property even if the old neighbor was using it for years. It is his, not your, problem if he got rid of an existing structure and now can’t legally replace it.</p>
<p>Stand firm on this. When it comes time for you to sell your house you don’t want a potential buyer to back out when they find your lot is taken over by a neighbor’s garage.</p>
<p>ASAP call your city and check on his permit, property setbacks et al.</p>
<p>Don’t try to be accomodating just to get along. My father was granted an easement by his neighbor of many years when he finally put in a garage, it worked for their situation. But never let being nice influence your decision to let someone infringe on your lot- you paid for the land and you pay the property taxes on the value assuming the rules are followed. Think of how it impacts you now and future resale value.</p>
<p>NOW is the time to establish your property ownership. Remember- if it isn’t in writing it isn’t done. Don’t let him talk you into something because you let a former neighbor (unknowingly perhaps) get away with using your property. This is a good time to correct a past mistake.</p>
<p>All of this because you seem like the nice person who would let someone do things not in your best interest. Be tough. I paid for our 5 sided lot survey years ago when the not nice neighbor on the diagonal side didn’t understand where the lot line was- cost $300 for our acre of hills/valleys and was worth it.</p>
<p>It’s illegal in our town to chop down trees that are above a certain size without replacing them or donating to a tree fund, but we can put carpet in without permission.</p>
<p>^ Here we can chop down all the trees we want without permit. And if the cut tree happens to fall on a power line the electric company comes out and puts the wires back up … FOR FREE!!! (Free from separate billing that is … we do have the highest electric rate in the continental USA: 12.4 cents/KW-Hour.)</p>
<p>A quick call to the department of planning & development is my suggestion. There should be a building permit (he can probably tear down the structure w/o one). Property line setbacks are odd in the City. Sometimes 0, sometimes 5ft, sometimes 10ft from the neighbor’s home. They’ll come an tag the site & there won’t be any building done until the proper permits are filed. If he’s coming onto your property, there will have to be legal easements filed or you’ll have to come to an agreement on selling part of your lot. </p>
<p>One reason we moved out to the burbs way back when was that there was no reasonable way to build a garage on our property. A friend in Madrona found there was so much red tape when he wanted to expand the existing garage (to fit a modern vehicle, LOL), that he eventually abandoned the project.</p>
<p>The City of Seattle needs all the dollars they can get right now & they’ll be watching to make sure nothing is done where they can’t make a buck off of it.</p>
<p>I’d agree that I’d start by mentioning it to zoning dept, to make sure all apps are filed and approved, but I’d add that doing it anonymously is of little practical value. Yes in some wild theory, someone from New Zealand may have been visiting in the neighborhood, saw construction, and merely out of curiosity inquired at the building dept. But in real life- the next-door neighbor who may be inconvenienced is by far the most likely person to have inquired. Just knowing someone asked wouldn’t be proof it was the neighbor, but certainly all practical common sense would indicate it was either the neighbor, or someone asking on behalf of the neighbor.
Personally, since I have a good working relationship with my atty, I’d ask him to ask the building/zoning dept, without naming me. Then he could advise me based on his findings. Way too early for a lawsuit of course, but you need to find out the facts FAST.</p>
<p>Adverse poss does exist, although how one uses a property and for how long can vary from state to state. In my state it is 10 yrs if the use is in plain sight, and is w/o an objection by the original owner. The long-time owner of the property apparently has been using if for yrs, and providing the use to his tenants. I hope you’re not too late.</p>