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O/T Land Dispute????

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Old 09-18-2002, 04:21 PM
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Default 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 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
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Old 09-18-2002, 04:25 PM
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I think along with a Letter from Mr Lawyer include a Rent Bill !

20' thats a bit much !
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Old 09-18-2002, 04:27 PM
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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.
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Old 09-18-2002, 04:29 PM
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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).
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Old 09-18-2002, 04:33 PM
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Mr. Bic.....meet Mr. Shed......
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Old 09-18-2002, 04:34 PM
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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

Thanks Jeff
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Old 09-18-2002, 04:34 PM
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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.
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Old 09-18-2002, 04:41 PM
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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
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Old 09-18-2002, 04:43 PM
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Neu,

Always happy to help. Please feel free to send a PM in the future or e-mail [email protected]
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Old 09-18-2002, 04:52 PM
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Quote:
Originally posted by Phknlwyr
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.
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.
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