Purchasing Land with Neighbor Encroaching
Return to Board  •  Menu  •  Bottom  Page 1 of 2  
Message
Purchasing Land with Neighbor Encroaching
Posted by StinkBait72 on 1/21 at 1:12 pm
Looking for some help. I just got a call from my Realtor about a couple acres I was looking to purchase. I don't have my hands on the survey map but was told one of the neighbors fences extends 15ft on to the property that is being sold.

Is this something that will lead to a costly hard fought battle if I decide to purchase the property? The price is very well under market due to the individual selling it inheriting it and they live out of town.

I guess I'm just looking for someone who may have dealt with this, and wonder if it is worth the headache and pissing my future neighbor off....



Reply  •  Back to Top
Posted by tigeraddict on 1/21 at 1:24 pm to StinkBait72
How long has tghe fence been there? any way of actually knowing?


Reply  •  Back to Top
Posted by StinkBait72 on 1/21 at 1:35 pm to tigeraddict
Just off of memory 10+ years. I remember it being there back when i was in high school. Dated a girl right down the street.

ETA: Land is in Louisiana


This post was edited on 1/21 at 1:39 pm

Reply  •  Back to Top
Posted by BrotherEsau on 1/21 at 1:51 pm to StinkBait72
Not legal advice(so Barrister doesn't jump my ass)-

If I recall correctly (which I may not), one can acquire land via acquisitive prescription based upon possession of the land for either 30 or 15 years. For 15 year prescription to attach, the neighbor needs to have a "just title" or at least title he believes to be just - i.e. he has paper that says it is his, even if it isn't, the paper is properly filed etc. This would most commonly be by mistake of a survey, bought from someone who did not have title but thought they did b/c they bought from an heir, but turns out the heir didn't have right to sell, etc.

For 30 year to attach, they just need possession of it and to maintain it. So, if they put up the fence 35 years ago, cut the grass and pay the taxes on it, it may be theirs now.

ETA - if they do not have a facially valid title or haven't had it for 30 years, tell them to move their fence.


This post was edited on 1/21 at 1:53 pm

Reply  •  Back to Top
Posted by VABuckeye on 1/21 at 1:53 pm to BrotherEsau
quote:

So, if they put up the fence 35 years ago, cut the grass and pay the taxes on it, it may be theirs now


Yep. If they use it and the owner knows about it eventually it becomes theirs. For you to own that part of the land the fence has to be moved to the property line. The sooner the better.



Reply  •  Back to Top
Posted by StinkBait72 on 1/21 at 2:03 pm to BrotherEsau
Thanks. That's the way I understood it, but wanted to check with someone who may have experienced it. I'm going to go check the property this evening to see to what extreme the encroachment length is.

The last thing I wanted was to get tied up in court over this or pay for an amount of property that is not accurate.



Reply  •  Back to Top
Posted by fatboydave on 1/21 at 2:10 pm to StinkBait72
Is it 10 or 15 years for acquisitive prescription?


Reply  •  Back to Top
Posted by StinkBait72 on 1/21 at 2:13 pm to fatboydave
According to a surveyor I contacted, it is 15 if they have the documentation or plat. 30 years if they have just been squatting.

This post was edited on 1/21 at 2:14 pm

Reply  •  Back to Top
Posted by BrotherEsau on 1/21 at 2:39 pm to fatboydave
It's 15 or 30. For 15, also, they have to be in good faith. So if they bought it from an heir that they knew didn't have the right to sell it, they can't claim 15. Usually, the placement of the fence was a mistake, so the chances of them having title to that portion of land are pretty slim.

10 years is for movable property.



Reply  •  Back to Top
Posted by Meauxjeaux on 1/21 at 3:47 pm to StinkBait72
Buy it and get it fixed.

Neighbor may not like it, but if he/she is reasonable, they make do. It is what it is and a title transfer is a great time to say "hey, this just showed up and I'd like to get it done right."



Reply  •  Back to Top
Posted by foshizzle on 1/21 at 6:16 pm to StinkBait72
Clearely, you should get a bulldozer and destroy the fence. Then pound on his front door and loudly demand to "get to the bottom of this".

Seriously though, it all depends on how interested said neighbor is in keeping the fenceline and how interested you are in moving it back.



Reply  •  Back to Top
Posted by StinkBait72 on 1/21 at 6:50 pm to foshizzle
Ok so I got the survey in and it shows his fence is over a triangular shaped area 15ft x 400ft (+/-3000sqft). Should I talk with him before the sale to see what kind of attitude he has towards the ordeal, or would it be best to just go through with it and approach him once I own it?

Leaning more towards after the sale so, I actually have leverage and maybe offer him to buy the portion he has been sitting on since that will more than likely be less expensive than a demo and installation of a new 400 ft fence.


This post was edited on 1/21 at 7:04 pm

Reply  •  Back to Top
Posted by foshizzle on 1/21 at 7:15 pm to StinkBait72
Do plenty of research ahead of time, and establish how much it will cost you to lawyer up. Then see if he'll sign a quitclaim for less than that.


Reply  •  Back to Top
Posted by islandtiger on 1/21 at 9:22 pm to foshizzle
Important point. Depending upon the strength of your case, you may want to avoid a legal battle and simply reestablish the boundar via a joint boundary agreement. Reduced acreage should be reflected in purchase price. Happens all the time, especially with rural, undeveloped real estate. I just complete a lengthy legal battle (about 3 years) but did get a judgement to have the fence moved (not a minor task...about 1 mile of deer fencing). The "neighbor" was not at all cooperative so I wanted to stick it to him.


Reply  •  Back to Top
Posted by StinkBait72 on 1/21 at 9:41 pm to islandtiger
The last thing i want is a 3 year headache. I'm still in the early days of the purchase process and have plenty of time to walk away. The more research i do the more i feel i should just let someone else deal with it.

The survey plat given to me at the time i placed the offer was not the correct one and the encroachment issue was mentioned just after the offer was made.... Getting railed by the neighbor, realtor, and a lawyer/judge if i go through with this it sounds. May need to just keep shopping.



Reply  •  Back to Top
Posted by matthew25 on 1/21 at 11:11 pm to StinkBait72
Offer less for the property b/c of the cloud on title. Seller may get this fixed PDQ


Reply  •  Back to Top
Posted by fishfighter on 1/22 at 4:27 am to BrotherEsau
quote:

If I recall correctly (which I may not), one can acquire land via acquisitive prescription based upon possession of the land for either 30 or 15 years.


I know someone that fought this. They encroahed for a good 40 years and Lost.

A survey is a survey. If the other landowner that has the fence on your's to be, they will have to move it at there expence. They can fight the "new' survey line though at there expence.

I would go talk to the people first, but yet sign a buyers agreement before hand stating the problem and able to void it if you have to fight it.

Oh, I'm not a blood sucker and this is NOT legal advice.



Reply  •  Back to Top
Posted by dewster on 1/22 at 2:26 pm to StinkBait72
Have the current seller deal with it.

Let them piss off the neighbor they'll never see again.



Reply  •  Back to Top
Posted by tigeraddict on 1/22 at 2:45 pm to StinkBait72
Another issue to contend with is the neighboring property with the encroaching fence a relative of the person selling the property?

This could open up a whole can of worms. The boundary may have been stipulated to the fence line in a the succession. They may have paper work stating they actually own that piece of land....



Reply  •  Back to Top
Posted by fishfighter on 1/23 at 2:58 am to tigeraddict
quote:

This could open up a whole can of worms. The boundary may have been stipulated to the fence line in a the succession. They may have paper work stating they actually own that piece of land....








This too! If you know the family, they can give you an answer or check the records which takes a lot of time.



Reply  •  Back to Top  •  Refresh
Return to Board
Jump to Page   

           Page 1 of 2           

 

 Message Boards
 Tiger Rant
 Score Board
 Recruiting Board
 SEC Rant
 SEC Score Board
 Saints Talk
 Saints Score Board
 Pelicans Talk
 More Sports Board
 Soccer Board
 O-T Lounge
 Tech Board
 Outdoor Board
 Movie/TV Board
 Music Board
 Political Talk
 Money Talk
 Fark Board
 Gaming Board
 Fantasy Sports
 Food and Drink Board
 Ticket Exchange
 Help Board
 

 News
 LSU
 More Sports
 Sports Lite
 

 Other Options
 >> Search
 

 SECRant.com Links
 SEC Rant
 SEC Recruiting
 SEC Tickets
 Off-Topic Board
 

 Geaux.com Dining Guide
 New Orleans
 Baton Rouge
 

 Site Features (Full Version)
 Home Page
 LSU Football Schedule
 Pick'em Home Page
 
Back to top
Sign In 
View in: Desktop
Copyright ©2014 TigerDroppings.com.