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O/T Land Dispute????

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Old 09-18-2002, 04:59 PM
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I am not a lawyer but drank a lot of beer with some. I think that the clock for eminent domain can be nullified if you send notice that you are aware of the encroachment upon your land. In other words if you do nothing at some point they can claim eminent domain. If you give notice that you are aware then the land is not being notoriously used.

Best to make good neighbors. Offer to give them a hand moving the shed. Is it really where it bothers you and can they just as easily put it somewhere else?

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Old 09-18-2002, 04:59 PM
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A few words of advice:

I would tread lightly only because she is your neighbor. Maybe stop over and just explain to her that it concerns you in the event something happened to her shed on your property or if someone got hurt while attending her shed on your property. I agree that it should be off your property however if things get ugly, it will only get worse in the future.
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Old 09-18-2002, 05:05 PM
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If it entirely on your land ...put up a fence. Or like Risk Taker suggested.
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Old 09-18-2002, 05:07 PM
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Lets look at it another way as opposed to letters, lawyers, and building inspectors(which is my profession). How big is the shed and is it located in an area that you plan on developing at anytime? Or is it in the back 40 acres of your land? Is the shed really causing hardship to you? Was there some type of verbal agreement or discussion with that person and your Grandpa about its location when constructed? Although that person decided to take the low road and verbally bash you, try taking the high road and stop by to introduce yourself and come to a resolution face to face.

Can't wait to see OSO responses to this.


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Old 09-18-2002, 05:28 PM
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Well Guys, This Land Is A Investment And I Will Not Be Living There..... I Have The House Rented (As Of Oct. 1 ) The Land Is Not That Usable(To Me) Where The Shed Sits.... The Farm Land Is Rented And The Shed Does Not Interfer With The Farmer....
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Old 09-18-2002, 05:35 PM
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try to be nice first when, i mean if that doesnt work burn it down or go rent a bobcat and have some fun. nothing worse than politely trying to do the right thing and getting boned because of some law that protects property squatters if they get away with it long enough! just remember when you start a war you gotta finish it!!! "dont let your mouth write checks your ass cant cash" these are words to live by.


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Old 09-18-2002, 05:57 PM
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I just went through a somewhat similar (but more complicated) situation, that recently settled out of court after 18 months and many thousands in attorney fees.

My advice, just as MXZ800 said, is be nice, and neighborly first.
If that doesn't work, get a lawyer, stay nice as long as you can, but get things straightened out legally.

Until things are straightened out firmly, you'll have problems selling the property now that you're aware of a property line issue -- since you will have to disclose the encroachment situation.

Good news is that a) it's an easily moveable structure so remedy should not be an issue, b) you said it's basically unusable land anyway.
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Old 09-18-2002, 08:40 PM
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Funny you should say that phuknlawer I have a customer that bought a new plant and his neighbor was incroaching on his land with boats. He (the boat guy) lied to the town and my customer. So he did what he had to do. Next thing you know I am visiting him at his new place and he goes watch this. He fires off a chain saw and a yells for the guy that he has 30 min and he is going to start to cut the boats in half

Can not beat that Italian sence of humor

Jon
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Old 09-18-2002, 09:43 PM
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"dont let your mouth write checks your ass cant cash"
Thats the best I have heard all month!
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Old 09-18-2002, 10:15 PM
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Write another letter regarding the shed and put in a timeframe as to when it needs to be removed by (reasonable timeframe). Send the letter certified. Most likely they'll move it but if not, looks like it's time to do a little fall cleaning on your property.
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