Its driveway is on their property and stops their sale:

– There is an old saying: “Good fences make good neighbors.”

Unless the neighbor’s fence is in your yard.

5 On Your Side’s Monica Laliberte is investigating a property line dispute in Cary, which is a real estate lesson for all of us.

“I lost sleep, I felt really bad,” said homeowner Charlotte Tyson. “It only harms your health.”

Tyson plans to sell the Cary house, where she has lived for 37 years.

“I just have to get to a place where I can move around better. I have a lot of health problems.”

She has a shopper who has been sent a survey showing an interference problem.

The problem, the neighbour’s concrete driveway, fence, and even landscaping extends five feet into Tyson’s property.

Tyson and her neighbors say it is common knowledge that grass driveways in several houses on the street were misaligned to enter neighboring properties from the start.

Tyson moved her driveway.

Her neighbor, Ken Davenport, paved his.

“I went downstairs to take care of my mother and came back and it was paved,” she said. “I thought, ‘why did you do that’?”

In the 12 years since then, Tyson has paid taxes on the land.

But she never said anything to Davenport about the property he claims is his.

“I have a legal title to the land,” says Davenport. “The drive I use is always here. It’s not like I somehow ruled this lady’s land, it was there.”

Davenport’s attorney sent Tyson and her agent a “Notice of Adverse Property Claim”.

This is a legal principle commonly known as “Squatter Rights”.

The attorney makes it clear, “Davenport won’t move the drive.”

As for landscaping, Davenport admits he planted bushes in Tyson’s yard.

But he calls it a “separate topic”.

Monica asked Tyson why she had never said anything to Davenport.

“I didn’t want to cause a conflict,” she said. “I had no plans to move, I thought I would stay there.”

Now she has an even bigger conflict to deal with, including the bail she paid for her new home.

“It’s going to mean thousands of dollars that I’m going to lose,” said Tyson.

Her realtor, Marilyn Tschudi, says Tyson’s ordeal shows the importance of dealing with property line issues and getting a survey to find out which ones weren’t addressed.

“It protects you,” said Tschudi. “Even if you don’t try to put in a fence … it was such a terrible experience that it’s worth the $ 500 or $ 600 for a survey.”

The neighbor informed 5 On Your Side that his lawyer plans to meet with the buyer’s lawyer next week.

Monica will keep us updated on the developments.

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