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Old 01-07-2015, 09:17 AM
 
769 posts, read 487,747 times
Reputation: 1786

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Quote:
Originally Posted by azwildcat80 View Post
In the next few months I want to landscape my backyard and this huge eye sore of a garage is in the way. What steps do I have to take to get this thing moved?
I don't understand how the garage stops being a huge eye sore if it is moved by one foot ?!
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Old 01-08-2015, 10:25 AM
 
39 posts, read 35,346 times
Reputation: 45
Quote:
Originally Posted by synchronicity View Post
I was going to mention that regarding the garage question which started this thread.
I am not a lawyer, but typically "adverse" possession requires that the unauthorized possession be without permission and hostile, i.e., "adverse." Lack of either condition may prevent the neighbor from claiming adverse possession. May be worth spending a few bucks with an attorney to understand your rights as they exist now, as well as how to preserve your rights in the future (e.g., send notice that says you are aware of the encroachment, it is with your permission but such permission is subject to rescission at any time by you). Beyond that, as others have stated, it may not be worth a legal battle to enforce your rights now since it is a relatively minor encroachment. But that is your decision to make with input from an attorney.
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Old 01-08-2015, 03:31 PM
 
Location: Southlake. Don't judge me.
2,810 posts, read 3,567,728 times
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Quote:
Originally Posted by Cabrio330 View Post
I am not a lawyer, but typically "adverse" possession requires that the unauthorized possession be without permission and hostile, i.e., "adverse."
Hmm, I could've sworn I posted something about "open, notorious and hostile" on this thread, but maybe it was deemed off-topic and got pulled? But yes, that's generally what's required for adverse possession, it has to be possession that can be observed and noted by everyone including the owner of the property, and it has to be done without the permission of/contrary to the wishes of the owner, as you note. There's bits of easements as well, but it's been years since I took Property and Even If I Were An Attorney I Am Not Acting As One On This Thread and all that.
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Old 01-12-2015, 01:54 AM
 
151 posts, read 163,288 times
Reputation: 167
Plant some Leyland Cypress around the offending structure. They grow fast, wide and tall. In a few short years, they could entirely block the view of the stigmata. My neighbor built an unsightly 6 foot tall white terrorist training camp fence next to my property. Fifty bucks in Cypress cured it.

Alternatively, you could release a team of termites.
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Old 01-13-2015, 09:16 AM
 
1,212 posts, read 1,770,697 times
Reputation: 1073
Quote:
Originally Posted by synchronicity View Post
Hmm, I could've sworn I posted something about "open, notorious and hostile" on this thread, but maybe it was deemed off-topic and got pulled? But yes, that's generally what's required for adverse possession, it has to be possession that can be observed and noted by everyone including the owner of the property, and it has to be done without the permission of/contrary to the wishes of the owner, as you note. There's bits of easements as well, but it's been years since I took Property and Even If I Were An Attorney I Am Not Acting As One On This Thread and all that.
I posted the legal standard as well and I guess it got pulled. The odds of adverse possession being applicable are slim to none, in my opinion.
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