Help With Encroachment Issue.
I purchased a piece of commercial property about three years ago and just found out that a good portion of the resturant behind me is actually on my property. I was told that if the encroachment has taken place for 7 years without being caught, that he now owns the amount of land that he has encroached on. Is this true?
Ron.
Quote: How much of it is on your property?
About 30 feet.
Did this come up after you started the eviction process? I am assuming it did, and unless it was a tarantula or something poisonus they are bullshitting you. I would make sure you have some proof that you did the general pest control and to anyone that sees this it will seem like a frivilous claim.
What does your lease say about who does and pays for pest control?
I try to make it clear that this is their responsibility, and if my inspection discovers bugs, It is my position that they, in my single family dwelling, brought them with them when they came or their guests brought them on their clothing.
If they are in an apartment, you may be responsible for pest control. States vary on this, I believe.
Good luck. Keep cool. Ignore their bluff, carry on.
Dan
This is my opinion and I am not an attorney. Where are the damages? Did he miss work? Does he have doctor bills? The only time I would lose sleep over this is if I was notified of a large spider infestation and then did not act. It sounds like a retaliatory threat because of the eviction.
I have spiders all throughout my house and have stopped paying professionals to spray because it is not very effective. The spiders do little to alter my habits and I consider them part of my living environment.
You have nothing to even worry about. You cant make a house spider proof and are not expected to provide any pest control unless it is very noticeable and out of control before they move in. Burden of proof on them. Would have to prove you knew it was a huge infestation of spiders before they moved in. Also most are brought in by the tenants when the move furnitur in or even bags when they go shopping.
Tell them this makes more sense.
Since you feel sorry for them, as long as they got rid of the spider you will not charge them a pet deposit but they are not allowed to have anymore.
GREAT ADVICE JohnMerchant!! I WILL remember that!
Excellent replies here!
So, your non-paying tenant is also violating your lease by having additional occupants without written permission. (trespasser?)
This illegal guest is claiming that his injury is the result of a spider bite. He knows that spider was in your property, which means he saw it and saw it bite him. Hmmm. Inducement of injury? Would Judge Judy have fun with this one?!!
Sad to think that he could file a claim against you; what victims we have become!
Time for a digital camera and some pics of conditions that your tenant has created/caused. Just in case.
I myself dont think they are worth it and offer much protection if any.
We have thousands of investors in this country. Go to all the forum and see how many people you can actually find that have had a LLC that saved them from anything. With people so quick to sue and all the investors why cant you find any?
If you have a LLC or not my best advice would be to get yourself the best attorney your money can buy.
I agree with Rayh78. From my experience the LLC structure is very very weak.
GetRDone4637,
Glad to meet you.
The key phrase here is "We agreed to purchase the house in "as-is" condition from the Investor", so to take this problem to court with an attorney would probably run more thant the cost of the air conditioner that needs replaced, with the possibility of you losing and with the possibility of a few years of your time getting to court.
For future reference when purchasing and older property purchase a "Home Warranty" that covers many items such as Air Conditioning, Plumbing, etc. Home Shield has a very good policy for around $400 with a $25 deductable. So they would have replaced your air unit for $25 bucks.
It looks like you have some equity in this house, so you might consider selling and moving on with your life, as this will be on your mind it looks like for quite awhile until you do something about it, like selling it.
John $Cash$ Locke
[addsig]