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Flupfer

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  1. My wife and I purchased a lake house in April 2017. About a year ago we deeded over a small portion of land on the left side of our property to our neighbor in a land swap. In the process of doing that we found out, through a survey, that the neighbor on the right side of our property built his garage 1.6 feet onto our property. The properties have a 6 foot side lot setback, so he is actually 7.60 feet over. The garage was finished just prior to the closing of our property. Therefore, it wasn’t uncovered because the lender only required a flood survey. To make things worse the neighbor changed his gravel driveway to a 30’x50’ concrete driveway that slopes down and onto our property which causes a huge stream between our houses during rains that is eroding the land away. We brought it to his attention as soon as it was found and have discussed doing a land swap, but because our driveway sits just 6 feet off of our property line it would then in essence potentially cause us to be in violation. Because then we would be less than 6 feet from property line. Also, we might then put ourselves in the position of pushing water onto his property, that would have been ours. The other complicating factor is that the land is owned by the city and we have a 99 year lease. He also did not get a permit from the city to build. Since the time we found out about the encroachment we have found out from several sources that he did it knowingly and he also cut down several trees off our property prior to our purchase. Trees that would have helped with the run off problem. He also ran his waterline on our property. We called the realtor that was selling the house and he admitted that he knew about the encroachment and discussed it with the neighbor. Does the realtor have any liability for not disclosing it to us? If we build a wall along his driveway to push the water back into his property, do we then have any liability that it may cause to his property? What are our options?
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