O/T Land Dispute????
#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
Time Frame? Is 6 Months To Long????
Thanks, Jeff
#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$$hole, I have an opinion. Play nice at first and if they don't cooperate, send Vinny over to deliver a "message."
Fact: If a neighbor's tree's roots encroach upon your property, even though the tree itself is only on the neighbors property, you have the right to cut the roots to your property line. If that kills the tree, it is not your fault. The same is true for encroaching tree branches that hang over your property.
Neu,
It certainly would be prudent to fire off another letter, demanding that the neighbor remove the shed. The letter should be sent first class mail and certified (they can refuse to sign and/or pick up a certified letter in which case it will be returned to you). It makes sense to refrain from starting a Hatfield v. McCoy type feud by just destroying the shed prior to affording the neighbor a reasonable period of time to remove it. Alternatively, if the area where the shed is placed does not bother you or otherwise adversely affect your use and enjoyment of the property, write the neighbor and tell them that they may continue to use the land, subject to your right to terminate this permission at any time. In doing this, you remove one of the essential elements of adverse possession: the element that the use be (notorious) without the true land owners permission.
Bottom line: Liability, alienability (ease of selling land), and prudence dictate that you take the steps necessary to remedy this matter, to YOUR satisfaction, sooner rather than later.
Being an a$$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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"Kevin, prepare for the summer."
-Mr. Sorkin, 10th Grade Geometry teacher
#23
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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.
Shane
Shane
#25
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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
Jon
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Put your best foot forward!
#29
Charter Member # 55
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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.
#30
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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
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