Neighbor refuses to move her shed off my parents property. What should we do?
#16
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Police won't get involved.
In the meantime, try a spook tactic that may save some trouble. Send a certified letter of notice of rate increase for property storage/rental to $125 a month or so. Include that there is no grace period on late payments and any failed payment shall result in removal and auctioning of property. Any unpaid balance may result in a lein placed on their real property.
Just an idea.
Also, destroying it CAN get you into some trouble. Never, EVER burn anything. That will really get you into trouble.
In the meantime, try a spook tactic that may save some trouble. Send a certified letter of notice of rate increase for property storage/rental to $125 a month or so. Include that there is no grace period on late payments and any failed payment shall result in removal and auctioning of property. Any unpaid balance may result in a lein placed on their real property.
Just an idea.
Also, destroying it CAN get you into some trouble. Never, EVER burn anything. That will really get you into trouble.
#17
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#18
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Thanks for the replies everyone.
The shed pretty old, built out of some cheap material, its just some basic wood construction with some of that cheapo "wavy" looking plastic that eventually gets so brittle from the sunlight that you can throw a pebble at it and it will go right through.
I don't know if "shed" is even the right word to use for it. I'm guessing (really just guessing) its about 10x20.
I like the idea of a "shedpull"... if it comes down to that I'll be SURE to get that on video.
I really wish she would stop being so stupid about this... its just an ugly old good-for-nothing storage shed that she NEVER uses except to throw other ugly old junk in.
The shed pretty old, built out of some cheap material, its just some basic wood construction with some of that cheapo "wavy" looking plastic that eventually gets so brittle from the sunlight that you can throw a pebble at it and it will go right through.
I don't know if "shed" is even the right word to use for it. I'm guessing (really just guessing) its about 10x20.
I like the idea of a "shedpull"... if it comes down to that I'll be SURE to get that on video.
I really wish she would stop being so stupid about this... its just an ugly old good-for-nothing storage shed that she NEVER uses except to throw other ugly old junk in.
#20
rockcrawler304 is correct. If the shed is 100% on your property then you can legally do as you please with your shed. If it is partially on your property you have the right to push it back over the line. It's just like a tree branch that extends across the property line. You have the right to cut it back to the property line and your neighbor has nothing to say about it. You are not allowed to go any further than that unless the neighbor grants permission.
Unless the neighbor had a signed witnessed and notarized document granting her a chunk of your property for her shed the court will not be interested in her argument because it makes no sense. She built her shed on your property because it looked better over there?
Do not trash her personal items or you could end up paying for them. Also in some states if a neighbor is 'allowed' to use your property for a significant amount of time, ownership of that piece can actually pass to them.
I would deal with the shed and let her play catch up.
Unless the neighbor had a signed witnessed and notarized document granting her a chunk of your property for her shed the court will not be interested in her argument because it makes no sense. She built her shed on your property because it looked better over there?
Do not trash her personal items or you could end up paying for them. Also in some states if a neighbor is 'allowed' to use your property for a significant amount of time, ownership of that piece can actually pass to them.
I would deal with the shed and let her play catch up.
#21
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That is adverse possession. She (the neighbor) has a case, in that she has been allowed use of the property for an extended period of time with no action taken on the title holder's part, and she has improved the property. Not that the shed is an improvement, mind you, but in the legal sense...
#23
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If I were you, I would take Heidi's comments and follow them to the letter. You have had response from a pretty sharp legal mind. I would use that and move forward.
#24
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First, I would get a survey done, that would clearly define the property. Then I would fence my property as surveyed. When she complains about the loss of access, I would be 'nice' and tell her that since no one 'knew' the property lines for sure, no one had concern about the shed, now that the lines are known, shed belongs to the property OR if she would like, she can move it. You do have a problem with adverse possession, but, she also then needs to cough up the bucks for the taxes. Has the shed been assessed tax wise? If you grandparents/parents DID pay taxes on the shed, then it IS considered THEIR property. Nothing wrong with letting someone use your property, time to now 'evict' and discontinue her use. A good lawyer WILL get you on the right track. Have it condemned and then you can remove it without issues. Don't forget to put up some kind of fence, that ends the adverse possession argument.
CD
CD
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#27
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There doesn't seem to be any argument about where the property line is and, since the property is being sold, there must already be general agreement about where the line is. Plus, a survey is expensive. If the neighbor is disputing the property line, a survey is needed.
Any shed over 120 square feet falls into the category of needing a permit and having to meet proper setbacks, etc.
If thee are no official building department documents showing the shed, ie permits, plot plan, tax records, etc., and it is completely on your property, you can do what you want. But you should alert the neighbor first, with a notarized letter, that you will be removing it from your property on said date and that if she has anything stored in it that is of value to her she must remove it by then or you will dispose of it. The delivery of that letter should be witnessed or done by a server. The letter should say that she must notify you as to when she wants to come onto your property to retrieve anything, make an appointment.
Once all that hassle is done you can run over it with a loader and haul it away.
I feel for you on this one because it's such a hassle and such a stupid power play by an ignorant neighbor. Plus it threatens the sale of the place by delaying it and also by showing the new buyer what a dummy the neighbor is. Too bad. Get this overwith ASAP!
A quick way would be to just take it apart and haul it away one day during the week. Have a couple of friends help and get it done. Set all her stuff on her side of the property line and be done with it. Quick, efficient and no big show.
Any shed over 120 square feet falls into the category of needing a permit and having to meet proper setbacks, etc.
If thee are no official building department documents showing the shed, ie permits, plot plan, tax records, etc., and it is completely on your property, you can do what you want. But you should alert the neighbor first, with a notarized letter, that you will be removing it from your property on said date and that if she has anything stored in it that is of value to her she must remove it by then or you will dispose of it. The delivery of that letter should be witnessed or done by a server. The letter should say that she must notify you as to when she wants to come onto your property to retrieve anything, make an appointment.
Once all that hassle is done you can run over it with a loader and haul it away.
I feel for you on this one because it's such a hassle and such a stupid power play by an ignorant neighbor. Plus it threatens the sale of the place by delaying it and also by showing the new buyer what a dummy the neighbor is. Too bad. Get this overwith ASAP!
A quick way would be to just take it apart and haul it away one day during the week. Have a couple of friends help and get it done. Set all her stuff on her side of the property line and be done with it. Quick, efficient and no big show.
#28
DTR'S Chaplain
when the property was transferred was the time to enact a removal, SOOOO the proper notice is from the lawyer (either theirs or yours) to write a letter of notice of removal. The survey map will show whether or not this shed was ever an official part of the property. case closed.
leave it to the lawyers, no hassles, no headaches. easiest way and makes good neighbors too. (if she wants to be a nasty one, no choice once the lawyers are involved- it goes, she has no claim).
check the survey map that goes with the deed, title and claim search.
no worries.
need more info? PM me
Heidi
leave it to the lawyers, no hassles, no headaches. easiest way and makes good neighbors too. (if she wants to be a nasty one, no choice once the lawyers are involved- it goes, she has no claim).
check the survey map that goes with the deed, title and claim search.
no worries.
need more info? PM me
Heidi
Grumbles and walks away........
#29
here is washington, if someone encroaches on your property(fence, shed, etc) and it goes uncontested for 7 years... it is THEIR property. there is no legal way to fix it, other than have the county readjust the property lines so that THEY are paying property tax on that chunk that they took.
Dunno what the laws are in YOUR state/municipality, but burning, demolishing, and threatening will only get you into trouble here. sorry, seems like the best choice is a lawyer.
Dunno what the laws are in YOUR state/municipality, but burning, demolishing, and threatening will only get you into trouble here. sorry, seems like the best choice is a lawyer.
#30
DTR Detective
here is washington, if someone encroaches on your property(fence, shed, etc) and it goes uncontested for 7 years... it is THEIR property. there is no legal way to fix it, other than have the county readjust the property lines so that THEY are paying property tax on that chunk that they took.
Dunno what the laws are in YOUR state/municipality, but burning, demolishing, and threatening will only get you into trouble here. sorry, seems like the best choice is a lawyer.
Dunno what the laws are in YOUR state/municipality, but burning, demolishing, and threatening will only get you into trouble here. sorry, seems like the best choice is a lawyer.