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I should have paid for a survey, but have owned over 50 properties without this problem. I guess it was just a matter of time... I bought my current house from out-of-state. It is almost 100 years old, so I figured (wrongly) that surveys were completed somewhere). I realized later that we didn't have the land to expand that I anticipated, I couldn't imagine what went wrong with my numbers. Two years later, I paced it off. My neighbor's 1955 house is on my land! They own 50' frontage, but their house is 68' wide (26' of it is over the property line). Obviously, there were no permits, surveys, or inspections done when this was built. As this has gone unnoticed for 50 years, is it just "too bad", or can I trade their back yard for the part of my property their house sits on, or have it surveyed ($900) and sell them their part? What about all the property tax I've paid for that square footage? This is more than an overhanging tree, or a misplaced fence.
You'd want to see if previous owners gave them permission to use the land, or if the house next door has "taken" part of your land due to squatters rights. If so, you should be able to get your land resurveyed and taxes adjusted (i.e. if your land is actually smaller than what you thought and the county agrees).
I am not an attorney, but if I had to guess I would say that you are out of luck. They have been openly and "notoriously" (that's the legal term, not mine) using the land for 50 years so I don't think there is anything you can do but, as the poster above said, get your taxes reduced.
I think you're right. I'd like to find out that a survey was done somewhere, but a non-disclosure has occured. That would be in my favor. My deed is very clear of the measurements and square footage, and re-examining it is what made me think that these measurements didn't coincide with what I was using. Any other ideas and recommendations will be appreciated. It's awful, all the advise I throw out, but get caught up in this oversight.
Location: Sometimes Maryland, sometimes NoVA. Depends on the day of the week
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But adverse possession much be open, notoriously, and hostile. If anyone gave them permission, they don't have the hostile bit, and then get gets complicated. Call an attorney ASAP. If you don't have one, call your local bar association. Most have a lawyer referral service where they set you up for a 30 minute consultation with the type of lawyer you need for a nominal fee (when I used it, it was only $40 in the metro DC area). I would think 30 minutes would be enough to at least find out what your options are.
I'm not an attourney, I just read too much of Bob Bruss's real estate column.
$40 in DC sounds cheap enough. If there was a permission at one time, it would have had to have been mentioned in the deed as an encroachment. I felt so stupid when this happened, but we sold last house at a profit and traveled, looked, and bought this place without much concern as it was in a well established area of town. Who would have thought, but if the previous owners knew and didn't disclose, off with their heads!
Do you have title insurance? Any claim on the property should have shown up in the title search. The encroachment wouldn't show up on the deed unless there had been some formalization of the claim or a legal easement. Laws vary, but most areas have a squatters claim after x number of years of open, hostile, use of someone else's land. The neighbor would have to file a claim on the land to gain the property and if successful, would not have to give you anything in exchange. I would say this is what attorneys are needed for. This is tricky situation after all this time as it is a house encroaching significantly. Are you absolutely certain about the lines?
I would get an attorney and try for an equal exchange of property to redraw the property lines. But your rights might be significantly reduced at this late date.
$40 in DC sounds cheap enough. If there was a permission at one time, it would have had to have been mentioned in the deed as an encroachment. I felt so stupid when this happened, but we sold last house at a profit and traveled, looked, and bought this place without much concern as it was in a well established area of town. Who would have thought, but if the previous owners knew and didn't disclose, off with their heads!
esfp I know nothing about the legal stuff, but didn't your neighbors get permission to build in the first place? Was that a town mistake or a builders mistake?
The plat plans for the county tax map should be investigated and see if you can't reconcile the difference there with the last recorded known surveys. It might state a right of way, or you might have read the local markers wrong.
Here's why I'm so negligent: I paid cash for my house, no survey needed. I think the same person (or family) owned the entire block, and built wherever they wanted without consulting the plats. Then, as they sold, it was assumed that they had since nobody has ever questioned the property lines. In 50 years, I'm probably the first person who has noticed this discrepancy. I'd accept a property trade, but the house in question is bigger then their lot anyway. That should have been noticed, but in 1955, no builders permits were requested. I guess they just started building and moved in. Too busy watching Leave It to Beaver and Father Knows Best.
I am an attorney for a local government and deal with property law from time to time. The actual AP requirements differ from state to state, including the definition of "hostile" "open and notorious" etc...
Talk to a property attorney about it. You may or may not be out of luck. He will advise you whether it is worth to fight it.
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adverse possession
