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O/T Land Dispute????

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Old 09-19-2002, 08:59 AM
  #21
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Thanks Everyone You Have All Been A Great Help, I Will Send Another Letter To Her And Give Her A Time Frame To Move Her Shed....

Time Frame? Is 6 Months To Long????

Thanks, Jeff
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Old 09-19-2002, 09:08 AM
  #22
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Audio,

Fact: If a neighbor's tree's roots encroach upon your property, even though the tree itself is only on the neighbors property, you have the right to cut the roots to your property line. If that kills the tree, it is not your fault. The same is true for encroaching tree branches that hang over your property.

Neu,

It certainly would be prudent to fire off another letter, demanding that the neighbor remove the shed. The letter should be sent first class mail and certified (they can refuse to sign and/or pick up a certified letter in which case it will be returned to you). It makes sense to refrain from starting a Hatfield v. McCoy type feud by just destroying the shed prior to affording the neighbor a reasonable period of time to remove it. Alternatively, if the area where the shed is placed does not bother you or otherwise adversely affect your use and enjoyment of the property, write the neighbor and tell them that they may continue to use the land, subject to your right to terminate this permission at any time. In doing this, you remove one of the essential elements of adverse possession: the element that the use be (notorious) without the true land owners permission.

Bottom line: Liability, alienability (ease of selling land), and prudence dictate that you take the steps necessary to remedy this matter, to YOUR satisfaction, sooner rather than later.

Being an a$$hole, I have an opinion. Play nice at first and if they don't cooperate, send Vinny over to deliver a "message."
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Old 09-19-2002, 09:36 AM
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Phknlwyr is EXACTLY correct. CLASSIC Adverse possesion. It is NOT EMINENT DOMAIN! These are very different but easily confused. Follow Phknlywr's advice. You will surely prevail.

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Old 09-19-2002, 10:26 AM
  #24
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It would be a class act for you to allow the shed to stay. You would have re-established your "new" domain, but.............

If they trip and break a leg on the way to the shed, will you get sued
 
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Old 09-19-2002, 12:50 PM
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Phuknlawer: I hear that. You just have to picture a short fat little mad Italian guy standing out there with a chain saw in his hands, and you have to laugh your balls off

Jon
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Old 09-19-2002, 01:56 PM
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Plant a large tree by the shed and the next year cut it down so it falls on the shed. Now when she puts up a new one she won't be able to build on your land.
 
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Old 09-19-2002, 02:12 PM
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how big is the shed,cut a damm door on your side,build a wall dividing her side fill it full of crap,or hell if most is on your side then hook a tractor to it and pull the rest over,farmlands worth more with storage on it.......
 
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Old 09-19-2002, 02:56 PM
  #28
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Wrecking Ball!!!!!!!!!!!!!!!
 
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Old 09-19-2002, 03:24 PM
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Just an idea. Why not offer to sell the portion of the land where the shed sits and a reasonable amount around it??? or posssibly a long term lease for that section of the property??? It would probably be less expensive for the shed owner and less of a headache for you and would remove your liability.
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Old 09-19-2002, 04:04 PM
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Griff, If I Sell Her That Piece Of Land, That Will Count As 1 Of The 4 Division Aloud On This Piece Of Land..... The Land Is All Road Frontage.... As A Investment That Would Not Be Worth The Trouble..... Good Idea ......

I Am Going To Wright Her The Letter Stating She Has To Sign A Paper That Acknoleges She Knows The Shed Is On My Property, Then She Can Leave The Shed Until One Of Us Sells.... Then We Will Take Care Of It Then....


Jeff
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