O/T Land Dispute????
09-18-2002, 03:21 PM
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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
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
09-18-2002, 03:27 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.
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.
09-18-2002, 03:29 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).
09-18-2002, 03:34 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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09-18-2002, 03:43 PM
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__________________
"Kevin, prepare for the summer."
-Mr. Sorkin, 10th Grade Geometry teacher
"Kevin, prepare for the summer."
-Mr. Sorkin, 10th Grade Geometry teacher
09-18-2002, 03:52 PM
#10
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.
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.
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.
