HOA Dispute: Property Line Alteration
Budget: $30 – $250 USD
I have a dispute with my HOA over my neighbor' and my adjoining property line. Our HOA approved of a color change of the landscaping rocks (used here in the southwest, as grass does not grow), to other than the accepted color throughout the neighborhood (being gray/white), and HOA allowed them to create a fence property line, with boulders. The change was been made without a recent survey by a licensed surveyor.
I believe it has altered my property line to accommodate my neighbor' desire to create optics of a legal property line between our adjoining properties, and accentuate that division by placing boulders the entire length from front yard extending thru the leeway and to the rear alley.
In support of my claim, I possess: past and recent pictures of adjoining properties, 1974 original land survey map of neighborhood, my plot map, and recent 2024 Google map, written communication with county assessor office and my title company (will withhold due to privacy of the individuals). All of which demonstrates the differences between past and present layout of the neighborhood, and my property.
The communication between the county assessor' office, and my title company office also establish the greater need now to have a recent survey, because the maps used above are not accurate, nor can they be used to substantiate the new boundary lines between adjoining properties.
The above two offices agree, without conferring with each other, that only a licensed surveyor can now establish new boundary lines. It is known that the neighborhood has undergone many changes since 1974 to present. Most obviously, are the: Common areas, alley ways, and Monsoon run off leeway's (these are mostly between adjoining properties). *It must be noted here that leeway's are not just used for Monsoon run off, they are also used by residents without a rear property gate, 1st Responders and utility companies.
I have inserted case law (that I feel pertains, correct if wrong) that re enforce's my argument:
Brownsey v. General Printing Ink Corp., 118 N.J.L. 505 (Sup. Ct. 1937).
Abbinett v. Fox 103 N.M. 80 (N.M. Ct. App. 1985)
Rylands v. Fletcher, 1868 WL 9885 (HL 1868)
Kalway v. Calabria Ranch HOA LLC, case CV020-0152-PR
In closing, emotions have a way of overshadowing common sense when dealing with residents’ property rights within the named neighborhood. But in this case, I cannot punctuate strongly enough to the HOA board to consider the economic cost benefit to all the parties involved, to hire a licensed surveyor, immediately. This case has escalated to this point after a period of time which has passed since it was initially conveyed verbally to HOA President, approximately mid-January 2024. When I sustained a torn left LCL trying to navigate around the boulders placed between the leeway denying me free and unencumbered access to maintain (which has been conveyed repeatedly by HOA board during monthly meetings; that residents are responsible for maintaining) my side property and rear alley way property.
To assist me in asserting my rights, I require a legal professional with experience in:
- Drafting HOA demand letters
- Understanding of property law disputes
- Utilizing physical and legal documentation as evidence
Your task will be to interpret the provided evidence and compose a strong, compelling demand letter to the HOA.
**Case(s) involving property line disputes or HOA rules violations in the past would be a plus:
**My HOA has also made verbal remarks to me over the course of 4 ½ yrs, since my home purchase to present--that approx. 2’ of my front yard belong to the HOA --also without a recent licensed survey, and also utilizing outdated county maps and recent Google map of my plot.
I believe it has altered my property line to accommodate my neighbor' desire to create optics of a legal property line between our adjoining properties, and accentuate that division by placing boulders the entire length from front yard extending thru the leeway and to the rear alley.
In support of my claim, I possess: past and recent pictures of adjoining properties, 1974 original land survey map of neighborhood, my plot map, and recent 2024 Google map, written communication with county assessor office and my title company (will withhold due to privacy of the individuals). All of which demonstrates the differences between past and present layout of the neighborhood, and my property.
The communication between the county assessor' office, and my title company office also establish the greater need now to have a recent survey, because the maps used above are not accurate, nor can they be used to substantiate the new boundary lines between adjoining properties.
The above two offices agree, without conferring with each other, that only a licensed surveyor can now establish new boundary lines. It is known that the neighborhood has undergone many changes since 1974 to present. Most obviously, are the: Common areas, alley ways, and Monsoon run off leeway's (these are mostly between adjoining properties). *It must be noted here that leeway's are not just used for Monsoon run off, they are also used by residents without a rear property gate, 1st Responders and utility companies.
I have inserted case law (that I feel pertains, correct if wrong) that re enforce's my argument:
Brownsey v. General Printing Ink Corp., 118 N.J.L. 505 (Sup. Ct. 1937).
Abbinett v. Fox 103 N.M. 80 (N.M. Ct. App. 1985)
Rylands v. Fletcher, 1868 WL 9885 (HL 1868)
Kalway v. Calabria Ranch HOA LLC, case CV020-0152-PR
In closing, emotions have a way of overshadowing common sense when dealing with residents’ property rights within the named neighborhood. But in this case, I cannot punctuate strongly enough to the HOA board to consider the economic cost benefit to all the parties involved, to hire a licensed surveyor, immediately. This case has escalated to this point after a period of time which has passed since it was initially conveyed verbally to HOA President, approximately mid-January 2024. When I sustained a torn left LCL trying to navigate around the boulders placed between the leeway denying me free and unencumbered access to maintain (which has been conveyed repeatedly by HOA board during monthly meetings; that residents are responsible for maintaining) my side property and rear alley way property.
To assist me in asserting my rights, I require a legal professional with experience in:
- Drafting HOA demand letters
- Understanding of property law disputes
- Utilizing physical and legal documentation as evidence
Your task will be to interpret the provided evidence and compose a strong, compelling demand letter to the HOA.
**Case(s) involving property line disputes or HOA rules violations in the past would be a plus:
**My HOA has also made verbal remarks to me over the course of 4 ½ yrs, since my home purchase to present--that approx. 2’ of my front yard belong to the HOA --also without a recent licensed survey, and also utilizing outdated county maps and recent Google map of my plot.