New home owner - Property line concerns

7 Replies

Hi, there. I am a new home owner in an up and coming neighborhood near Denver, CO where there is a lot of gentrification occurring. I hope to one day rent my basement, so that I can pay off my house quickly and maybe start to invest in other properties. My intention is to learn more on this website. My house was a fixer-upper and I cannot afford to hire a real estate attorney or pay for a property line assessment. An investor owns the property right next to my house and their property line markers are two feet into my existing property. It appears that they have also removed the property marker pin that was in the sidewalk (I can see where they dug it out). If they intend to take over that property, I would have to tear out my brand-new fence, landscaping and concrete. I have tried to get help from the city/county, but they have not been helpful. I am not sure what my rights are and what the standard protocol is IF in fact their property assessment is accurate. Apparently this investor did not pull a permit when they did the demo (they left asbestosis material and trash in the entire yard and only removed the siding on the house). A neighbor called the city and the investor was fined and was told to remove the remains. Now there is a giant hole where the house was with no fencing. I have a plat map, but it is very tiny and therefore difficult to decipher. I am hoping to get some friendly and free advice/information regarding the following topics:

- What should I be aware of in this situation?

- Can they just start tearing down my fence and encroach, given their property line markers?

- What are my rights in this situation?

- Is there anything that I can do aside from paying for my own property line assessment and/or hiring an attorney?

- How can I get a copy of the rules and regulations for sidelines, setbacks and easements and height (if there are any)?

- How can I find out, if possible, if they completed a survey for the building permit?

-Is there a way for me to find out who the owner of record is, what company is going to be doing the new build (if that's what they intend on doing)?

- I've been told by other neighbors that they intend to build a duplex, but that they don't have enough property to do so legally, so I am wondering if they are trying to push into my property so that they have enough land for a duplex. Not sure if it is possible for any corrupted practices regarding property line surveys or if it is highly regulated. 

Thanks in advance to anyone who is kind enough to provide any information. 

Kristen

Get an ILC. They are much cheaper, at around $350 or so. They usually suffice for lots in Denver since they are rectangles.

When did you buy this place? Ideally, this is should have been handled while under contract. The title company didn't request an ILC or raise a red flag?

Review this website: https://www.copls.com/index.php?page=why

@Kristen Davis   It should not cost you $3000 to get a survey done.  Phone around and ask.  Also ask the person who did your property inspection if they can recommend someone.

Talk to people at the city and ask for a larger map or a description of the property.  Where I am, it states the size of the lots (eg 50 x 98 ft) which should give you a starting point.

https://www.copls.com

Check that site first. I have bought old surveys for $25. Take photos of where the pin was and show that it was removed. 

However, an internet forum isn't the place for this advice. You need to speak with an attorney. IF they believe your fence is on their property, they will probably tear it down. 

Call the city about the hole. That is ridiculous. 

Thanks, Chris! Really appreciate you taking the time to reply. I was told that an ILC is not a "legal" property assessment. The title company did not require it when I bought the house. I bought it in August of 2018. Thanks for that link! I will check it out. Kristen 

Free eBook from BiggerPockets!

Ultimate Beginner's Guide Book Cover

Join BiggerPockets and get The Ultimate Beginner's Guide to Real Estate Investing for FREE - read by more than 100,000 people - AND get exclusive real estate investing tips, tricks and techniques delivered straight to your inbox twice weekly!

  • Actionable advice for getting started,
  • Discover the 10 Most Lucrative Real Estate Niches,
  • Learn how to get started with or without money,
  • Explore Real-Life Strategies for Building Wealth,
  • And a LOT more.

We hate spam just as much as you

Create Lasting Wealth Through Real Estate

Join the millions of people achieving financial freedom through the power of real estate investing

Start here