O/T Land Dispute????
 

I Need Some Advise.... I Purchased A 65 Acers From My Grandpa's Estate....
It Includes A 4 Bedroom Farm House, And A Barn.... I have A Survey Done For The Mortgage Company And Find Out That The " Neighors Wood Frame Shed Encroaches 20' +- " On My Land..... Now I Send The Neighbor A Letter And A Copy Of My Survey Report... The Letter Was Nice, I What To Make Sure That She Knows Thats My Land And Ask If The Shed Can Be Moved... This Shed Is Like The Ones You Buy At A Home Center And Build Your Self.... I Get No Reply From Her, In The Mean Time A Friend Of Mine Said She Is Bad Mouthing My Name To Other People:confused: :confused: I Need To Know What To Do Next... It Pisses Me Off That She Is Making Me Look Like A Bad Guy, But It Is MY Land...... I Guess I Need To Have My Lawyer Take Care Of It.... Has Anyone Been Threw This????? Please Point Me In The Right Direction.......

Thanks, Jeff

I think along with a Letter from Mr Lawyer include a Rent Bill !

20' thats a bit much !

It's simple...She built a shed on your land.

Write another letter, this time citing her for her libelous and slanderous words along with a second request that she move her shed(along with the survey) and make sure it's certified mail. If that doesn't work, sick the lawyers on it.

If it gets real ugly, you can call the local building inspector and see if there is a permit on file for the shed. I don't know about your municipality, but many require a permit for all structures. The may require her to remove the structure because it was build illegally (which it proably was because a survey would have shown where the property line was).

Mr. Bic.....meet Mr. Shed......;) ;)

Cord, Thats A Great Point..... I Never Thought Of That.... Thats What I Need.... Maybe I Can Go Over And Put Stuff In My Shed:D :D :D

Thanks Jeff

This is a classic "adverse possession" scenario: In English, someone encroaches upon your property and may, if the encroachment is there long enough, be able to claim title to the property. You should check to see if the neighbor placed the shed there with the permission of the person who owned the property prior to your purchase (I realize the person may be deceased but another relative may know terms of a deal). You should also try to determine how long the shed has been present on the property you recently acquired (most adverse possession statutes require anywhere from 12-20 years of obvious, continuous, and notorious (no permission) use before a suit to quiet title is appropriate). If the neighbor does not remove the shed after proper written notice, you have the right (subject to the laws of your jurisdiction) to remove that portion that encroaches upon your property. Simply put, the shed is "trespassing" on your land. Good luck and get your chainsaw blade sharpend.

Phknlwyr, Your The One I Was Hoping Would Help....... Thanks... I Know Michigan Law Is 15 Years .....

Thank For all The Help OSO Members...

Jeff

Neu,

Always happy to help. Please feel free to send a PM in the future or e-mail [email protected]

I actually took a common law property class in law school, and I don't even remember this much.

BTW - Here, we call it acquisitive prescription, and it is 10 years if you have a facially valid title, and 30 years if you don't.

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?

TimT.

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.

If it entirely on your land ...put up a fence. Or like Risk Taker suggested.;)

Lets look at it another way as opposed to letters, lawyers, and building inspectors(which is my profession):rolleyes:. 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.
:rolleyes:

Paul

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....

try to be nice first :rolleyes: 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.


Rob

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.

Funny you should say that phuknlawer :D:D 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 :D:D:D

Can not beat that Italian sence of humor :D:D

Jon

"dont let your mouth write checks your ass cant cash"
Thats the best I have heard all month! :D :D :D

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.

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

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."

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

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:eek: :eek: :eek:

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 :D:D

Jon

Plant a large tree by the shed and the next year cut it down so it falls on the shed. :D :D :D :D Now when she puts up a new one she won't be able to build on your land.

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.......

Wrecking Ball!!!!!!!!!!!!!!!

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.

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

Now that is the way to remain friends with her. I would do whatever it took to remain neighborly friends and it sounds as though you are doing the right thing. Especially if you are not near the property all the time. She could be that extra "eye" that is sometimes needed on vacant land.

I would just add something to the letter about "what if" someone attends the shed and gets hurt, OR "what if" something happens to the shed in light of it being on your property.