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Started By
Message
Newly purchased land with neighbors house on property line or over
Posted on 4/11/21 at 2:14 pm
Posted on 4/11/21 at 2:14 pm
Was not sure which board to post this, but figured money talk is probably best...
I purchased about 36 acres of wooded land about a month ago and it appears that part of the neighbor's house on the east side is just over the line of my property. It's either slightly over or basically on the line, could not get any closer. They also have some scattered building materials that are definitely on my property(not a huge deal). I have a survey and I can see where the surveyor put a couple flags in but it's really hard to be sure where the line is, in relation to their house.
Last time I was there I tried knocking on their door to introduce myself but no one was home.
Obviously I need to confirm if their house is actually over the property line. If it is, what would be the best course of action?
I don't want to make an immediate enemy but at the same time, it's not right if it is, and I would think I'd hold all the cards to securing some kind of payment or something. Has anyone dealt with a similar situation and could weigh in? TIA
I purchased about 36 acres of wooded land about a month ago and it appears that part of the neighbor's house on the east side is just over the line of my property. It's either slightly over or basically on the line, could not get any closer. They also have some scattered building materials that are definitely on my property(not a huge deal). I have a survey and I can see where the surveyor put a couple flags in but it's really hard to be sure where the line is, in relation to their house.
Last time I was there I tried knocking on their door to introduce myself but no one was home.
Obviously I need to confirm if their house is actually over the property line. If it is, what would be the best course of action?
I don't want to make an immediate enemy but at the same time, it's not right if it is, and I would think I'd hold all the cards to securing some kind of payment or something. Has anyone dealt with a similar situation and could weigh in? TIA
22
Posted on 4/11/21 at 2:33 pm to HBomb
You didn't have a survey completed before you bought the property? That was your best move.
Posted on 4/11/21 at 2:35 pm to HBomb
That sounds fun.
Depending on how much you really want that land, I’d almost think about backing out of the purchase citing bad faith by the seller. They had to know the situation before sold and clearly left you in the dark.
Depending on how much you really want that land, I’d almost think about backing out of the purchase citing bad faith by the seller. They had to know the situation before sold and clearly left you in the dark.
Posted on 4/11/21 at 2:43 pm to AUCE05
quote:
You didn't have a survey completed before you bought the property? That was your best move.
I received the survey before I completed the sale. But it just shows my property lines. It does not indicate the neighbors house.
I still would not have walked away from the deal had I known this, since their house is really not grossly encroaching, however, I do think there's a good chance part of their house is over my line. I can even see it on the county tax assessors map, that their house is on my side.
Posted on 4/11/21 at 2:44 pm to TDFreak
quote:
That sounds fun.
Depending on how much you really want that land, I’d almost think about backing out of the purchase citing bad faith by the seller. They had to know the situation before sold and clearly left you in the dark.
Well, it's a done deal, so no backing out.
Posted on 4/11/21 at 2:49 pm to HBomb
If they built on your property and don’t have an easement, seems like you hold all the cards. It would be worth spending $200 to speak to a real estate attorney for an hour to see what your options are in my opinion.
This post was edited on 4/12/21 at 12:31 am
Posted on 4/11/21 at 3:17 pm to HBomb
Get the surveyor to update the survey and plot the house to show it on the survey to see if it's on or over the line. If it's over, the next question is how long has the house been there? If it has been there a substantial amount of time, they may have acquired title to the property by adverse possession. If a short period of time, at best you may be entitled to compensation for the value of the land they are encroaching on. If you're in Louisiana, you can't make them move it, only get compensated for the encroachment. You can also get them to sign an acknowledgement that they are encroaching, that they are not adversely possessing the land under the encroachment and that if the house is ever lost in a casualty, they will rebuild solely on their property.
Posted on 4/11/21 at 3:30 pm to HBomb
When did they build? They may have obtained the property through easement by prescription or adverse possession.
This post was edited on 4/11/21 at 3:31 pm
Posted on 4/11/21 at 3:30 pm to HBomb
Make sure to keep us updated on what happens. I love unique threads like this on TD
Posted on 4/11/21 at 3:45 pm to HBomb
Handle of Jose Cuervo and a Sawzall.
Posted on 4/11/21 at 3:51 pm to go ta hell ole miss
quote:
When did they build? They may have obtained the property through easement by prescription or adverse possession.
Going off the county TD website, the age of the house is 8 years old.
Also I’ll add, it appears that it’s the deck that is over property line, not the actual house.
I’m not aware of any easements on the property, I would imagine that would have to be disclosed at time of purchase.
Posted on 4/11/21 at 3:53 pm to HBomb
Hopefully you bought an owners title insurance policy. If so go back to your closing attorney and they will either resolve the cloud on your title or pay the title insurance claim.
Posted on 4/11/21 at 3:56 pm to Spawn
quote:
Hopefully you bought an owners title insurance policy. If so go back to your closing attorney and they will either resolve the cloud on your title or pay the title insurance claim.
Yeah, i did. What does that look like? For them to resolve the cloud or pay the claim?
Posted on 4/11/21 at 4:02 pm to HBomb
Keep us updated. I don't know what you can do. If their house was on my property, I would want it off. I also know country people don't really GAF about laws and can be a nightmare.
Posted on 4/11/21 at 4:05 pm to HBomb
Contact the surveyor and ask him why this was not noted in the survey. Or maybe it is not on your property.
As others have mentioned, he may obtain possession eventually unless you have something in writing. You could rent the piece that has the deck for a nominal amount. And state in the rental that it will removed when you no longer want to lease to him.
But first verify it is encroaching on your land.
Posted on 4/11/21 at 4:09 pm to ItzMe1972
quote:
Contact the surveyor and ask him why this was not noted in the survey. Or maybe it is not on your property.
Yep, will do. Already left a voicemail for him.
Will update once I figure out what’s right.
Posted on 4/11/21 at 4:14 pm to HBomb
The policy should be in the paperwork of your closing documents. If you took out a mortgage the lender also purchased a lenders policy ( in case they would ever have to foreclose).
For you, with an owners policy , you are insured to have been conveyed title free and clear of any defects that would prevent you from conveying clear title in the future.
Generally, the easiest outcome is to execute an encroachment agreement with your neighbor acknowledging that their property encroaches upon yours but that you reserve ownership of that portion of the property. All fees for the work required to clear title should be the responsibility of the closing attorney.
For you, with an owners policy , you are insured to have been conveyed title free and clear of any defects that would prevent you from conveying clear title in the future.
Generally, the easiest outcome is to execute an encroachment agreement with your neighbor acknowledging that their property encroaches upon yours but that you reserve ownership of that portion of the property. All fees for the work required to clear title should be the responsibility of the closing attorney.
This post was edited on 4/11/21 at 4:16 pm
Posted on 4/11/21 at 4:18 pm to HBomb
Don't put too much faith in the county tax assessor's map it can be off 10-15 feet easily. I know on my property there is a stake indicating a corner and there's a small pine tree growing up next to the stake. The parish tax assessor's map shows the corner 10-20 feet north of the pine tree.
Posted on 4/11/21 at 4:23 pm to Woodbird
(no message)
This post was edited on 10/15/21 at 12:21 pm
Posted on 4/11/21 at 5:09 pm to AUCE05
quote:
If their house was on my property, I would want it off.
well that’s a lot easier said than done isn’t it?
OP it sucks but it’s 35 acres...get a professional involved ASAP, determine if the house encroaches and by how much, and and consider havin lg the property resubdivided to an extent where you could sell the neighbor that portion at a nominal fee and be done with this.
or you could just ignore it and let it go if there’s no real injury or aggravation to you. Fence off that area and enjoy the property
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