A friend of ours contacted us about a problem they just realized they had. After moving into their home about 2 years ago they had time to look up their plot map on their county website and saw that their neighbor’s detached garage is actually on their property about 10 feet. The garage is near but not at the street and they live in a small city so parking is an issue and in fact the property owner has a no parking zone in front of their lot.
At this point they were not looking to have the neighbor remove the garage but they are wondering what they need to do next to protect themselves.
This is a difficult thing for many property owners especially when you move into an established neighborhood that might have had many owners of properties over many decades. In this case the problem is a Detached Garage but this often happens with other things such as hedges or trees that grow well beyond property lines, Fences that are installed without an inspection, Decks, Pools or Sheds and sometimes its not that the object or building is actually on your property but that it is too close to your property and it is causing a hardship.
If you find out that this is a situation you are in then you should either take action and put the property owner on notice officially or you can also just ignore it and pretend you never knew.
At some point though this could be a legal issue so the best thing is probably to contact a Real Estate Lawyer and then have an Official Survey of your property made. Once you know that your neighbor has actually built on your land officially then you can take action. Until an official Survey has been made it is probably best to not contact the neighbor as they may try to take possession of the land or take legal action against you even though they would be in the wrong.
There are many legal issues though and it could put you in a bad situation if you don’t take action. If your neighbor was to start dumping toxic waste from car repairs or whatever that they are doing in their garage. If they decide to store Oil or put a Propane Tank in that area or whatever it might be there could be issues. If someone gets injured on your property you could be liable even though it was in an building that was improperly built.
You might also have problems when you try to sell your home. Or you could have zoning issues if you wanted to build your own garage but Zoning required you to set back from adjacent buildings and their garage blocks you from having your own garage on your own property.
So many issues to consider and just because you decided to find out if the land you thought was yours was actually yours.
If You Decide To Take Action
If you decide to take action do not do it in a threatening manner and do not approach your neighbor directly. You should have a lawyer that can help you through the process and tell you what your options are.
Some people say you can lease them your land for 99 years and this is a common thing in many instances. Others would say you need to recapture your land and the best solution is having them demolish the building now before letting it go any longer. Additionally you might find that selling them the land is an option but you should do so at a slight premium to regular property rates because they have infringed on your rights …
Another major consideration is that your neighbor purchased the property with the building existing and had no idea that it was on your property.
Many considerations and only you and your lawyer can fully make the right decision on how you should finalize the situation.
At the very least I would want something in writing that says if the building ever requires major repairs that it will be moved to their property and also that if they ever sell the property it will have to be demolished before the sale to the new owner is finalized.
Final Note
If you recently purchased your home and you are considering taking action then you should consider contacting your realtor because the encroachment was not disclosed in the sale agreement. There are many legal situations here that apply but it should have been disclosed to you prior to your purchase.
Also don’t get heated about the situation. Act in legal manners. Get an official Survey of your land do not rely on landmarks shown in plot maps as they can be inaccurate.
And contact a Real Estate Lawyer that will take your case on a flat fee if possible not a general lawyer that may not deal with property issues as their primary practice.