New home owner - Property line concerns

New home owner - Property line concerns

Member since 2019 · 3 posts · 0 votes

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

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Rental Property Investor · Fayetteville, NC · Member since 2014 · 884 posts · 670 votes
6y

Your first step should be to get a survey done. An attorney is not going to know where your property lines are.

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  • Rental Property Investor · Fayetteville, NC · Member since 2014 · 884 posts · 670 votes
    6y

    Your first step should be to get a survey done. An attorney is not going to know where your property lines are.

  • Member since 2019 · 3 posts · 0 votes
    6y

    Thank you, Justin. Sadly, I can’t afford the property line assessment. It’s $3000

  • Dawn BrenengenBusiness Member
    Moderator
    Real Estate Broker · Raleigh, NC · Member since 2014 · 2k+ posts · 1k+ votes
    6y

    @Kristen Davis Did you call around to more than one surveyor? In my area, it's about $400 for a survey unless you have some extremely large lot.

  • Chris LopezPro Member
    Real Estate Agent · Denver, CO · Member since 2015 · 1k+ posts · 858 votes
    6y

    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

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    6y

    @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.

  • Realtor · Denver, CO · Member since 2013 · 2k+ posts · 1k+ votes
    6y

    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. 

  • Member since 2019 · 3 posts · 0 votes
    6y

    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 

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