Land Survey Intex Pool

PAGirl

0
TFP Guide
Jun 5, 2012
2,380
Central PA
The property adjacent to our was handed down to my husband and two brothers. It was recently surveyed and they said our Intex pool had to be moved. I'm wondering if they didn't realize it was a "temporary" pool because we built a deck, that can also be moved. Both brothers were fine with us putting it there. We obviously don't want to move it, as that is the best pace for sun, etc. They even put it on the survey map. (The township supervisor keeps coming up with hoops for my BIL to jump through to get the property lines moved, and the surveyor is rather new and young.) does anyone have an understanding about the temporary pools, etc? I realize everywhere is different.
 
One of the reasons we think someone doesn't know what they are talking about is that my BIL built a garage on the same parcel of land, on the other side of the property. (when it was in his mothers name, again with permission.) he went through all the legalities, permits, addressing a right of way, etc. and they recently told him the garage was not supposed to be there either.
 
I will go out on a limb on this one (someone hand me a saw) and guess that all three brothers are owners of this land. If this is the case, they all own the land as 1/3 undivided interest owners, most times referred to as "Tenancy in common". This means that they each own 1/3 rights to the entire property not 1/3 of the property (property law can get real confusing sometimes). Any way, I will guess that the pool is not following the setback rules for your area and since a different entity (the three brothers) owns the property adjacent to yours they see it as an encroachment on the setback. Some states have different rules regarding this. My brother ran into something similar a while back. He owned two lots in the city where he lives. Each was viewed as a separate lot (tax bills, addresses, etc). He wanted to build a new garage on the "other" lot. He found out the garage could only be 10' wide due to the width of the property. To get around this he had to have both lots re-surveyed and have them combined legally into one lot. This then allowed him to build his Garage-ma-hall
 
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