Regarding purchasing a home and property line

If you get the survey and after viewing it realize that the neighbor is using your property what do you do?

Re: Regarding purchasing a home and property line

Put it in writing and send them a certified letter letting them know that they are encroaching on your property.

By knowing this and allowing them to use your property as their own you risk them taking over that property as theirs. It's a lot more to it than that (in NY 10 years of open and notorious use) but it's called adverse possession.

A friends grandma has been going through a battle over a portion of her yard that has been fenced in for about 60 years. The fence was about to be taken down recently due to a sale of the neighbors house and she discovered that her fence is on a good portion of the neighbors property and has been for 60 years. They fenced in their yard well within their own property line and her fence was against their's for 60 years.

They of course want her to sign something saying that it is their property but I am not sure she will....and she does not have to sign.


ETA:

In New York, a person attempting to prove ownership in this manner must establish that their possession must be "hostile, and under a claim of right, actual, open and notorious, exclusive and continuous." The land must also be "usually cultivated or improved" or "protected by a substantial enclosure." In plain English, this means that (a) you believe you are the owner, (b) you hold yourself out to all as the owner, (c) you treat the property as your own, and (d) the property is fenced in, or otherwise made to look like the rest of your property.

Message edited 9/4/2007 7:23:18 PM.

Re: Regarding purchasing a home and property line

thank you

Re: Regarding purchasing a home and property line

We had this problem and it became a huge problem because of the title company. Speak with your attorney. You might just need an affidafit from the neighbor.

Re: Regarding purchasing a home and property line

We had this issue when we bought our house too. Our backyard neighbors know they are 2ft on our property, and we had it written in the contract that if we ever expand, we'll be asking for it back.

Re: Regarding purchasing a home and property line

We had this problem too, we have 6 homes bordering us and we have problems with 4 of them (2 people are significantly on our property, we're significantly on someone else's property, and someone is slightly on our property).

We had to have the two neighbors who are significantly on our property sign documents and have them notarized stating that they realize this. Luckily the two neighbors in question are very nice. They had to sign a second document after we closed as well.

Speak to your lawyer, they should know the process.

Re: Regarding purchasing a home and property line

The previous owner allowed my neighbor to put his fence up to my garage so that he's have the extra space for his backyard...in exchange he let the seller take more of the space near the driveway (so he put his fence further back). Honestly it was a win-win and continues to be but we got the seller to detail this out in writing.