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Why not make the neighbor buy the encroached part of the land at a premium price? He hardly has any choice. If he doesn't have the cash, give him an installment contract, with a moderately high interest rate. Or let him lease it for 10 or 20 years, so you will still own it.
Sometimes I am simply amazed at the posts I read here
The OP falls into that category ...
waiting for the next thread: 'Just got home from work and there is a family of squatters camping in my backyard'
They are taking a shower using my garden hose. Should I bring them a towel or call the
authorities ?
^^^^ I know !!!!!! How the Hell do people let this kind of **** happen to them and not be all over the guy ? I guess some people just hate confrontation.
Bottom line, since you are not evidently willing to go face to face with the guy, time to hire a good Lawyer now. Make sure the guy you hire is a pitbull. This is not a small problem and will only get worse.
If permits are required to build a fence and garage, and it was built by the neighbor, then complain to the code enforcement. In some areas they would demand he tear it down even if it was on his own property.
At only .77 acres, the lot is not really large enough to subdivide and sell part of it to the neighbor. On top of that, the county/city would probably not allow it to be done. You have to go through subdivision laws to divide a property like this into two parcels even if the neighbor is to buy one to add to his property and it can get expensive especially if it turned down by the county/city and you spent the money for nothing. Especially if it an area that uses septic tanks, as so many properties like this that allow manufactured homes on them have.
As a lawyer (but not your lawyer), I'd like to be perhaps the sole voice of opposition to the "get a lawyer" cry. That is by far the most common response to any issue posted in this forum, but in many cases it is a nothing more than a great way to waste money.
Before EVER talking to a lawyer, the first step should be to talk to the other party. Most cases are just a simple misunderstanding. After talking to the other party, you'll have essentially three outcomes - (a) the neighbor says "woops, I'll fix that" then fixes it (or at least you get something in writing indicating that he understands that he needs to fix it, in case he doesn't), (b) the neighbor says "woops, sorry. It's really expensive to fix this; can we make an arrangement that we are both satisfied with?", or (c) neighbor says "[expletive]". (a) and (b) can both be handled using resources found on google- (a) works itself out and (b) can be papered using a one pager downloaded from a website.
Only (c) would require further intervention. And even then, I STILL wouldn't recommend calling a lawyer just yet. There is always small claims court, depending on the amount of money involved here. Only if the amounts are too high should you call a lawyer. Or still just use self help as Ultrarunner describes above.
If you have bottomless pockets, sure, call a lawyer. But if money matters to you at all, try to help yourself first.
Talking to the other party is certainly a first step but "b)" isn't going to be workable either.
Since the survey you are talking about appears to be part of your loan package which you haven't closed on, you will likely find that the encroachments identified in the survey are NOT COVERED BY TITLE INSURANCE. So your neighbor has already caused you to be unable to get title insurance for the portions he encroached on. If you tried arguing about the exceptions from coverage with the title company right now they aren't going to give in and your loan isn't going to close.
[Since you said this was your lot, I suspect that the loan you are talking about is essentially a re-finance including the modular home. In that case you should have title insurance from the transaction in which you originally purchased the lot. You can and need to file a claim with the title insurer of the original lot purchase transaction if the neighbor isn't going to move his fence and garage.]
This is the type of situation that can easily become an expensive trespass to try title suit for which you have no title insurance to cover the costs of defending thanks to your neighbor's action. If you are on a platted lot, you can't really sell just a portion of the lot - you would have to apply to the local government for a vacate and replat of the existing two lots. Nor should you given that a 14 foot encroachment is a significant intrusion onto your lot. "Small claims court" is a terrible suggestion for a self-proclaimed attorney to make - he/she should know better. Small claims courts don't deal with interests in real property of this nature.
Yes you should talk to the neighbor first BUT the "deal" should be that he move his fence back to the property line and the garage must likewise be moved to be within his property boundaries and contained within any setback boundaries dictated by either local government or any restrictive covenants burdening the property. You will otherwise run into a statute of limitations issue on enforcing a deed restriction. You will also run into problems whenever you want to sell your property due to the encroachment. For example, whoever you sell to won't be able to get title insurance coverage concerning the portions encroached onto by the neighbor which leaves them relying upon your availability to pay defense costs in the event a claim is asserted by the neighbor against your property. The neighbor has effectively already asserted a claim by encroaching with a fence onto your property.
[Since you said this was your lot, I suspect that the loan you are talking about is essentially a re-finance including the modular home. In that case you should have title insurance from the transaction in which you originally purchased the lot. You can and need to file a claim with the title insurer of the original lot purchase transaction if the neighbor isn't going to move his fence and garage.]
Even if they had purchased title insurance on the original lot purchase, why would a title company accept liability for something that happened AFTER they issued their title insurance policy? That would be an extremely unlikely scenario!
No, it isn't common. Most vacant lots don't have squatters. You can't just make things up.
You don't know what adverse possession is and this doesn't qualify.
Did you consider the consequences of trying to live next door to this person if you just start tearing his stuff down without at least talking to him first to see if it can be resolved?
I didn't say it was common. I said it was not uncommon.
This neighbor is more a spreader than a squatter. Sure this happens...little by little by little. Or suddenly someone who was underhanded enough to mow or ride across a lot for years builds a house on it. And wins in court. etc. Reports like that have been here on CD as well as in the news.
It is always better to be cautious in this regard.
^^^^ I know !!!!!! How the Hell do people let this kind of **** happen to them and not be all over the guy ? I guess some people just hate confrontation.
Bottom line, since you are not evidently willing to go face to face with the guy, time to hire a good Lawyer now. Make sure the guy you hire is a pitbull. This is not a small problem and will only get worse.
Do not delay - get a lawyer. If you do not deal with this issue, it will create bigger problems.
This. You don't want to bump into adverse possession property law. You want anything they constructed on your property removed. If your town has setback requirements, you want anything constructed to conform to those. You probably have grounds for a substantial civil suit. In my town, you can get a $10K judgement just for chainsawing a tree on someone's property.
If you are certain the land is yours... I see no reason you need permission to remove trash.
There is one more story... a little bit more involved... the owner actually went and got a $60 demolition permit and in a few hours with a crew all trace was gone.
Having a permit to demolish what was on his property made it open and shut... there was nothing left to discuss.
you clearly don't understand law and should not be giving people such awful advice that might lead them to huge costs.
Remember just because you "FEEL" your rights have been abused does not give you free reign to do what you like. You might see not a "reason" but the courts may very well see a reason to make you compensate the owner of the structure in full and then perhaps add damages and even some charges for destruction of property .....
Really stop and think before you promote reckless action.
The reason to consult a lawyer is to know what can happen, what you the owner can do to block adverse possession, and to get advice on strategies for avoiding lawsuits. Consulting a lawyer does not automatically mean a lawsuit will follow. We consulted one over issues with a former neighbor, precisely to avoid getting into a nasty legal fight, but we also did not want to lose land that we had rightfully bought.
Adverse possession is stealing. I don't buy the line that the neighbor made a 14' foot fencing mistake! And so soon before the closing! But it would be good to TREAT it as though he made a mistake, and take things from that benefit-of-the-doubt perspective. After all, it is a nextdoor neighbor.
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How the Hell do people let this kind of **** happen to them and not be all over the guy ? I guess some people just hate confrontation.
