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Message
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Posted on 4/11/21 at 5:16 pm to HBomb
How much does the affect you and is it worth the headache. If it’s a deck hanging over 5 feet or so onto 30 acres, I wouldn’t think it would really matter too much unless you were planning on fencing it or something. If this is land far from where you actually live, it would be better to have a neighbor close by in good graces and an ally over a dude that was furious that you made him tear down his deck for what he considered to be no reason at all.
Posted on 4/11/21 at 5:20 pm to supadave3
quote:
How much does the affect you and is it worth the headache. If it’s a deck hanging over 5 feet or so onto 30 acres, I wouldn’t think it would really matter too much unless you were planning on fencing it or something. If this is land far from where you actually live, it would be better to have a neighbor close by in good graces and an ally over a dude that was furious that you made him tear down his deck for what he considered to be no reason at all.
Yeah, it’s about 4 hours from where I live. I kinda agree with that sentiment. Although, like another poster already said, I would like to get something in writing where they acknowledge it and that it wouldn’t go to adverse possession
Posted on 4/11/21 at 5:20 pm to supadave3
What about liability issues if someone gets hurt on the deck placed on his land 
Posted on 4/11/21 at 5:37 pm to wickowick
quote:
What about liability issues if someone gets hurt on the deck placed on his land
That would suck but it would also suck to have a furious redneck with a bad temper and nothing but time on his hands that lives next to a piece of land you own 4 hours away.
Weigh your odds, that’s all I’m saying.
Posted on 4/11/21 at 5:40 pm to HBomb
I’d settle for nothing less than personally bulldozing their house
Posted on 4/11/21 at 5:48 pm to HBomb
Amazes me that people will spend hundreds of thousands on land and will not get a survey.
Get with your closing attorney and get him to start work on the title insurance.
Get with your closing attorney and get him to start work on the title insurance.
Posted on 4/11/21 at 6:49 pm to HBomb
quote:
the county tax assessors map
I don’t know what state you are in but in Alabama those are wrong more than they are right.
Never trust a government employee
Posted on 4/11/21 at 7:22 pm to HBomb
Doesn’t add much value but I built a fence at the side of my house tried to find property irons but had no luck. Used the plot map based on the distance from my house and built the fence. Come to find out ole baw a week later knocks on my door telling me I built the fence 6 inches on his yard and wanted the fence moved. I ended up digging up the entire fence and moving it over 6 inches. He saw me working on it through out the week and I took a week off of work to build it the first time.
This post was edited on 4/11/21 at 7:33 pm
Posted on 4/11/21 at 8:00 pm to HBomb
quote:
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.
This is the cheapest, easiest, and best answer to keep from pissing off your neigbor. As stated earlier have them draw it up that once the deck reaches its natural life span it must be relocated. This is common amongst fences built over lines.
Posted on 4/11/21 at 8:17 pm to tigersfan1989
quote:
Doesn’t add much value but I built a fence at the side of my house tried to find property irons but had no luck. Used the plot map based on the distance from my house and built the fence. Come to find out ole baw a week later knocks on my door telling me I built the fence 6 inches on his yard and wanted the fence moved. I ended up digging up the entire fence and moving it over 6 inches. He saw me working on it through out the week and I took a week off of work to build it the first time.
Kinda shitty but since you weren’t sure where the line was located why didn’t you go ask the neighbor before you started?
Posted on 4/11/21 at 8:37 pm to Sput
It wasn’t their primary residence so they weren’t there much and to be honest I never met them until that moment they approached me. I paid for the whole fence to hide their shite from my view.
This post was edited on 4/11/21 at 8:40 pm
Posted on 4/12/21 at 8:31 am to HBomb
quote:
what would be the best course of action?
Don't ever buy a property with any structure of any kind (even a driveway) crossing over the property line.
quote:
I still would not have walked away from the deal had I known this
You should absolutely walk away from any deal that has an encroachment from a neighbor.
My advice is to have a small portion of your land subdivided by a surveyor (you pay for this) and sell it to your neighbor for $1.
Also, google the words: Adverse Possession
This post was edited on 4/12/21 at 8:42 am
Posted on 4/12/21 at 8:35 am to HBomb
You could sell them the property, or do a property exchange.
Posted on 4/12/21 at 9:51 am to StinkBait72
quote:
This is the cheapest, easiest, and best answer to keep from pissing off your neigbor. As stated earlier have them draw it up that once the deck reaches its natural life span it must be relocated. This is common amongst fences built over lines.
Another vote for this approach. We purchased the wooded lot between our house and the next closest house. Survey clearly showed the a corner of the neighbor's fence encroached, total area 32sqft out of an acre. Neighbors were pissed but through the real estate agents we had them sign a document acknowledging the encroachment BEFORE we closed.
A year or so later Hurricane Michael took that fence down for us, and they rebuilt within their property.
Posted on 4/12/21 at 10:16 am to HBomb
Need to know where the property is located. In Louisiana, LA CC art. 670 provides the answer. Definitely consult an attorney. Claim under title insurance would be the cleanest route.
Posted on 4/12/21 at 11:17 am to HBomb
quote:
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 their property now baw.
Posted on 4/12/21 at 11:56 am to HBomb
There is some reasonable advice in here, and I agree you don't want to piss off your neighbor if you can avoid it. Especially if you're hours away and that neighbor could screw with you constantly while you're out of town.
One thing I haven't seen mentioned yet is acquiescence. Maybe that doesn't apply in Louisiana, but in a lot of places it will and it won't have the same time restrictions as an adverse possession claim. A judge could simply decide that you were aware of the issue and chose not to act on it within a reasonable time frame.
I figure just letting the guy know he's over the line and asking him to sign something waiving any ownership claim, but letting him keep the deck for its expected life would probably be the most reasonable path forward. If he refuses that and gets pissed off then you've got to do it the hard way.
And call your surveyor/closing attorney. You've got a title issue that should have been disclosed.
One thing I haven't seen mentioned yet is acquiescence. Maybe that doesn't apply in Louisiana, but in a lot of places it will and it won't have the same time restrictions as an adverse possession claim. A judge could simply decide that you were aware of the issue and chose not to act on it within a reasonable time frame.
I figure just letting the guy know he's over the line and asking him to sign something waiving any ownership claim, but letting him keep the deck for its expected life would probably be the most reasonable path forward. If he refuses that and gets pissed off then you've got to do it the hard way.
And call your surveyor/closing attorney. You've got a title issue that should have been disclosed.
Posted on 4/12/21 at 12:10 pm to HoldenOversoul
quote:
One thing I haven't seen mentioned yet is acquiescence. Maybe that doesn't apply in Louisiana, but in a lot of places it will and it won't have the same time restrictions as an adverse possession claim. A judge could simply decide that you were aware of the issue and chose not to act on it within a reasonable time frame.
Not sure what state his property is in but I think in Louisiana the possession claims matter if the possession was more than 10 and then more than 30 years. If someone builds a structure on their property but goes over the property line onto your property and nothing is said for 10 years, then you probably going to have to live with it.
Posted on 4/12/21 at 12:34 pm to cgrand
quote:Yes, on 36 acres I wouldnt worry about it. I would go and inform the deck owner that it is on my property and that it was fine, but understand that if I sold it the next guy may not be so nice.
Never mind I just saw it’s the deck that encroaches...
Tell em to remove the deck or ignore it
No big deal.
The deck is a moveable
It always pays to have neighbors that owe you a favor. Of course if they turn out to be shite neighbors that would be a bad choice.
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