Neighbor refuses to move her shed off my parents property. What should we do?
10-13-2008, 05:47 PM
#31
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That's what I was thinking in all this.
That phrase about "possession being 9/10th of the law" doesn't just apply to the shed from the landowner's perspective. It could also apply to the land from the shedowner's perspective.
A lawyer (or just as good, a PM to Heidi) is the best course here.
jmo
That phrase about "possession being 9/10th of the law" doesn't just apply to the shed from the landowner's perspective. It could also apply to the land from the shedowner's perspective.
A lawyer (or just as good, a PM to Heidi) is the best course here.
jmo
10-13-2008, 05:57 PM
#32
It's my pot and I'll stir it if I want to. If you're not careful, I'll stir your's as well!
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.
.
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10-15-2008, 02:51 AM
#33
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10-16-2008, 11:11 AM
#34
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I see no real issue with emptying the thing out and putting her items on her property.
I would video tape the whole thing. Hopefully she comes out while you are removing her items and you can get it on tape that you are putting her items on her property allong with her shed. Take down the shed or move it onto to her property. If she has an issue and calls the cops (who else is she gonna call) They will not really have a quick answer and probably side with you as she will say that it is all on your property. Go for it. If you tape it and it goes to court she won't be able to say you damaged her items or took anything etc.
Further more. Who says any of it is hers. Does she have something in writing?
I would video tape the whole thing. Hopefully she comes out while you are removing her items and you can get it on tape that you are putting her items on her property allong with her shed. Take down the shed or move it onto to her property. If she has an issue and calls the cops (who else is she gonna call) They will not really have a quick answer and probably side with you as she will say that it is all on your property. Go for it. If you tape it and it goes to court she won't be able to say you damaged her items or took anything etc.
Further more. Who says any of it is hers. Does she have something in writing?
10-16-2008, 12:35 PM
#35
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I'd burn it. We burn/teardown anything found on our property. Deer stands.. tents... it all gets trashed. If someone built a shed on our property, my g-pa would probably drag it up to the house if it was nice though.. and use it just to prove a point. If not, he's found my old Cummins oil starts a nice fire...
10-16-2008, 04:12 PM
#36
Don't listen to all these guys telling you to burn it down unless you want to face Arson charges. Do the right thing and do it in a manner that keeps you from legal action later on. 
10-16-2008, 05:41 PM
#37
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10-17-2008, 09:20 AM
#40
as long as you fix things legally first
10-17-2008, 10:03 AM
#41
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If it is legal to burn in your area then 5gal gas, 1 box Graham crackers, chocolate bars, marshmellows. Invite the neighbor over and ask them to bring the beer.
What do you estimate the value of the shed? Junk it and be prepared to pay for it might be cheaper than a lawyer.
Sue them in small claims court?
What do you estimate the value of the shed? Junk it and be prepared to pay for it might be cheaper than a lawyer.
Sue them in small claims court?
10-17-2008, 11:26 AM
#42
DTR Detective
As I said earlier talk to a lawyer or your county assessors office.
Adverse Possession Issues
If the piece of property in dispute has been used by someone other than the owner for a number of years, the doctrine of adverse possession may apply. State laws vary with respect to time requirements; however, typically, the possession by the non-owner needs to be open, notorious, and under a claim of right. In some states, the non-owner must also pay the property taxes on the occupied land. A permissive use of property eliminates the ability to claim adverse possession.
Prescriptive Easements
Most litigated easements are those created without permission. An easement by prescription is one that is gained under principles of adverse possession. Prescriptive easements often arise on rural land when landowners fail to realize part of their land is being used, perhaps by an adjoining neighbor. Fences built in incorrect locations often result in the creation of prescriptive easements. If a person uses another's land for more than the STATUTE OF LIMITATIONS period prescribed by state law, that person may be able to derive an easement by prescription. The use of the land must be open, notorious, hostile, and continuous for a specified number of years as required by law in each state.
The time period for obtaining an easement by adverse possession does not begin to run until the one seeking adverse possession actually trespasses on the land. Thus, a negative easement cannot be acquired by prescription because no TRESPASS takes place. The use of the easement must truly be adverse to the rights of the landowner of the property through which the easement is sought and must be without the landowner's permission. If the use is with permission, it is not adverse. There must be a demonstration of continuous and uninterrupted use throughout the STATUTE of limitations period prescribed by state law. If the use is too infrequent for a reasonable landowner to bother protesting, the continuity requirement will probably not be satisfied.
Subsequent parties in the same position to the land using the right of way adversely can add up the time to meet the required statute of limitations. This situation is known as tacking. Thus, a prescriptive easement need not be exclusive; it can be shared among several users.
Adverse Possession Issues
If the piece of property in dispute has been used by someone other than the owner for a number of years, the doctrine of adverse possession may apply. State laws vary with respect to time requirements; however, typically, the possession by the non-owner needs to be open, notorious, and under a claim of right. In some states, the non-owner must also pay the property taxes on the occupied land. A permissive use of property eliminates the ability to claim adverse possession.
Prescriptive Easements
Most litigated easements are those created without permission. An easement by prescription is one that is gained under principles of adverse possession. Prescriptive easements often arise on rural land when landowners fail to realize part of their land is being used, perhaps by an adjoining neighbor. Fences built in incorrect locations often result in the creation of prescriptive easements. If a person uses another's land for more than the STATUTE OF LIMITATIONS period prescribed by state law, that person may be able to derive an easement by prescription. The use of the land must be open, notorious, hostile, and continuous for a specified number of years as required by law in each state.
The time period for obtaining an easement by adverse possession does not begin to run until the one seeking adverse possession actually trespasses on the land. Thus, a negative easement cannot be acquired by prescription because no TRESPASS takes place. The use of the easement must truly be adverse to the rights of the landowner of the property through which the easement is sought and must be without the landowner's permission. If the use is with permission, it is not adverse. There must be a demonstration of continuous and uninterrupted use throughout the STATUTE of limitations period prescribed by state law. If the use is too infrequent for a reasonable landowner to bother protesting, the continuity requirement will probably not be satisfied.
Subsequent parties in the same position to the land using the right of way adversely can add up the time to meet the required statute of limitations. This situation is known as tacking. Thus, a prescriptive easement need not be exclusive; it can be shared among several users.
10-17-2008, 01:54 PM
#43
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I'd be talking to codes as well to find out if a permit was required to build something of that size, if no permit was pulled it should not have been built. The other thing is something of that size should not have been that close to the property line in the first place. It's that space within your property line, I guess it's being called the easement?
I'd do some code leg work, talk to the lawyer with your info from codes. The whole they built a turd on my land and now after seven years they own that piece of land is a bunch of rubbish....meaning I think that law is stupid. Guess I need to put a barn on my neighbors property and hope she keeps her mouth shut for 7 years then I'll have an extra 1/2 acre......
I'd do some code leg work, talk to the lawyer with your info from codes. The whole they built a turd on my land and now after seven years they own that piece of land is a bunch of rubbish....meaning I think that law is stupid. Guess I need to put a barn on my neighbors property and hope she keeps her mouth shut for 7 years then I'll have an extra 1/2 acre......
10-27-2008, 11:32 PM
#44
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funny thing is if you have a fire pit embers fly ... arson is so hard to prove...kids with matches, a bum living in the shed, combustable materials kept in the shed became unstable, so on and so forth. but i tell you what if i lost the land because she built somthing on it wow ... there would be Crimes commited can you say Hatfield-McCoy
10-28-2008, 07:59 AM
#45
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This happined to a friend of mine. She rented the house for years then bought it. When she had the survey done, she found out the house behind hers had their driveway and shed "partially" on her property. Since the guilty party bought their house already like that, she had to get lawyers involved. The judge ruled that my friend could remove the encroaching driveway at her expense and the guilty party had to move the shed over on their property.