It is possible that he can prove ownership. Just because it is on what is your land does not mean it is a fixture. It may be easily moved. Either party may possibly sue for conversion depending on what happens.
You will want to ascertain the Boundary as accurately as possible. Read your's and the adjacent owner's Deeds. Usually you will want to make the trees part of the fence, but you can probably cut them. But do not be surprised if a Boundary Dispute erupts.
Apparently you do not know your boundaries at this point. Your allowing a house to be built on your land without protest will be used against you. Hire a competent surveyor now, then take the plat to a competent attorney. It will be difficult and expensive, with the minimum result of a Boundary...Read more »
My neighbor put 3 or 4 loads of dirt on his property to prevent the water run off to back up onto my land. The dirt is not on the county right of way it is all on his land. This causes the water to back up on my land whenever it rains. It is a county road but I do not know who paid for the tile.... Read more »
From your limited facts, it sounds to me like your neighbor has created what's known as a private nuisance. His modification to his land has interfered with yours. You may need to sue him to abate the nuisance. Consult with local counsel to determine your options.
TCA § 39-14-406 might apply to trespass destruction of a fence or gate... Survey monuments might involve Vandalism. No specific survey marker destruction crime exists in TN except State Boundaries. Survey Markers usually involve more than one landowner, so monuments are usually on common...Read more »
This person does not own the land, does not have electricity or running water but have decided to clear out land illegally and set a shed he and his animals are living in. What can I do to have him removed to a more habitable place?
Recording the Deed and paying Taxes on the property would be required. Someone else may be claiming ownership, so your Deed may be Champertous. Hire a competent attorney to search the Title and cure yours if possible.
Arguably yes. But it is doubtful that anyone would try to enforce such a restriction violation on the boundary line, especially without a recent survey. The non sd tract owner might want to back up a half a foot or so, and then construct whatever.
Notice by publication serves to give the person notified notice of the matter or proceeding when the party pursuing the matter isn't certain that they have the correct mailing or service address of someone. It sounds like you have received both actual notice and notice by publication (which...Read more »
One however, it’s her parents that are constantly coming and going from her home past my home. Her father does not get out of the road. Today I was in the spot where I could not get over (big ditch) and he could and yet he kept coming and almost side swipped my car. My question is if he would... Read more »
1. Easement- if the other people do not have an easement or right to enter - they shouldn't be using the area. However, over a long period of time they can gain rights - so whoever is the holder of the underlying easement needs to protect the...Read more »
Either party can initially demand a jury. However most Declaratory Judgment/Injunction Actions involving Easements in Tennessee are usually before the Chancery Courts without a jury. In Chancery, jury trials are sometimes held with the jury determining special factual issues. There are...Read more »
A title search is a must here. Then you will know who the owners are now. Also contact the Tax Assessor about when a Tax Sale might occur. Ultimately you may be able to get a Deed from the owners or buy at the Tax Sale, for which you will need an attorney to actually put the property in...Read more »
I purchased with a joint down payment land in TN (50/50 payment) however the joint owner is not making his payment of the mortgage. What legal recourse do I have to demand payment or file something to withdraw him from the deed?
You will probably need to file an Action For Partition. Hopefully you all have some equity in the property, or it may not be ordered sold. Hire a competent Tennessee attorney. You could also make a small offer to buy him out and get a Quit Claim Deed back.
New neighbor who has contract on the house next door, his property runs next to my cave. He wants to cut down all trees.He told me he could not afford the house and wanted to bring in sawmill company to pay him to harvest all the trees on land. When it rains all rain goes down in this cliff with... Read more »
You can file suit in Chancery to enjoin activity that will directly destroy your property. You are entitled to adjacent and subjacent ground support of your bordering lands. But it will be expensive, requiring experts, and you will need a competent attorney to try it. Injunctions will also...Read more »
The builder has purchased land behind my property to build his personal residence, and rather than follow the road to install his utilities he wants to cut through my property to shorten the distance and cost of installation. I've informed him we will not allow this action, and he is... Read more »
You will need to hire a competent attorney now to conduct title searches on each tract. Then request Chancery to issue an Injunction after you post a Bond. It will be expensive and difficult, and you could lose due to his necessity. Once the lines go up, you have effectively lost.
My neighbor, who also owned owned the home in the past, put a no trespassing sign on the door the day I purchased. The building sits extremely close to the property line if not splitting it. I had the tax record pulled and the building has been on the tax record for my lot since the house was built... Read more »
If the neighbor has cut the power, and put up a no trespassing sign- if you intend to maintain a claim to the building (and the property it is on- you will likely need to hire an attorney to pursue your interests. Boundary disputes are tough. If the building was erected by the owner to your...Read more »
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