we have had our land surveyed and their porperty is on ours. they are claiming they have maintained for 16 years, but we have only owned the land for seven years.
2006-10-15 05:41:17 · 16 answers · asked by tammy k 1 in Politics & Government ➔ Law & Ethics
Never do anything relating to land without engaging the services of a lawyer. You need a good attorney, preferably one who specializes in real estate law. It will be worth every penny.
2006-10-15 05:44:57 · answer #1 · answered by skip 6 · 1⤊ 1⤋
What I think they are trying to do is claim under a really old law..called "squatters" rights. It means that if you look after some land for a long period of time you then own it. But that is only on land that is Crown Land..(owned by the Government) or never properly surveyed..
Personally, I don't think they have a chance, but can you take your land survey to the City /Municipality in which you live and confirm the property lines? If so, the City, County, whoever looks after you property taxes will send an Bylaw Officer around and that should do it.
Talk to an Attorney too, get one who deals in Real Property..(Real Estate)
Good luck..
2006-10-15 05:57:47 · answer #2 · answered by gemma 4 · 0⤊ 0⤋
Check your state's adverse possession laws. There are certain criteria that must be followed in order to claim land via adverse possession - in jest, the person must have actual possession and be actively using the land in a manner that the true owner would use it for.
There is a statute of limitations for which the real owner of the land (you or the owner before you) must file a claim to oust the adverse possessor for their land. If the real owner does not do so within the time limit required by law (usually 10-15 years), then the real owner (which is now you) is barred from persuing a claim against the possessor - this effectively gives the possessor title to the land. They now own it and you don't.
In order to gain ownership (called title), they must file a claim in the courthouse asserting the above (called quiet title action in most states). A judge will review it and either grant or deny them title. At the hearing, you can bring up your objection to them having title and your reasons why (but in not persuing action for seven years, I don't think your claim will look good).
Because the owners before you did not press for action before the statute of limitations ran out, you may be out of luck. You could always persue a claim against the previous owners for fraud if they did not inform you of such claim by the neighbors. However, since you have owned the land for seven years and haven't done anything about it, I think you're out of luck.
Contact an attorney immediately. The more time you waste, the more disasterous it can be. Check your state's bar association website if you don't know where to find an attorney.
2006-10-15 07:19:54 · answer #3 · answered by annacashman 2 · 0⤊ 0⤋
Go to the nearest Land Registry Office, they will tell you.
You shouldn't have to worry if you are occupying the land, or if you can prove title, They have to prove the owner can't be found or is dead, (niether true in this case) maybe you could send them a hefty bill for storage, and tell them you will sue them for that if not paid within 10 days, up to you if you say you would drop the charge if they remove their stuff before then. or you could just throw it back on their property, but it would be more effective to make them move it as they are then unlikly to try it again.
It would be best to get some leagle advice on this, go to one of those solicters who do a free half hour.
I would go for the a very hefty storage charge 16 years rent at only £15 is a nice round figure = £240 if only £15 per year or £15 per week is £12,480 it depends on how much stuff they got and you work out a reasonable rent good luck.
2006-10-15 06:09:35 · answer #4 · answered by Hammer&Drill 3 · 0⤊ 0⤋
Start out by serving them with evection notice and a bill for the past due rent totaling 16 years. Then if not paid by a set date take them to court. Send the paper work by regerged mail and make sure you have a non related friend watch you put the notice in the envelope and hand it to the post office with a return signure request.
You need to build a case by chargeing them with 16 years of rent for the use of your land and be willing to settle for just 7 years you have owned it if they will remove their stuff by a set date. If they do not you demand full payment for they whole time they have been there. You must give notice and then get a court judgment before you can remove their stuff or store it at their expence
Only do the above if you are sure it is your land. Sounds like you are sure. And it don't matter if they took care of the land for 100 years because it is yours.
2006-10-15 06:00:53 · answer #5 · answered by Don K 5 · 0⤊ 0⤋
Just because they've maintained it, you've paid taxes on it.
go do a land search title (which should have been done when you purchased the property, in fact, it should be with all your mortgage papers,) Then take it to the land titles office and see what your county/municipality has to say about it. They should have the records.
If they are balky, get the sherriff involved. Too bad. Makes everything bitter. Can't enjoy yourself because of snarky neighbors. You could live in the most beautiful landscape, but if you're sharing it with numb-nuts, it makes the entire experience bad.
We had a neighbor that started putting a fence on our side of the property line. (between the houses), we pointed it out, and he took out the entire line and moved it onto his side, 4", without arguement, and apologized.
2006-10-15 05:53:43 · answer #6 · answered by Shinigami 7 · 0⤊ 0⤋
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2016-11-23 13:00:53 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Do not touch their items! Get an attorney, and make sure that your survey is up to date. The prior owners should have taken care of this prior to your purchasing the property. Since they did not and you continued to allow the neighbors use for seven years, there could be problems. Good luck!
2006-10-15 05:48:14 · answer #8 · answered by DoubleDMom 3 · 1⤊ 0⤋
I would go to court with the survey,convince the judge that you asked them several times to move their property, than charge them for storage for the seven years you owned the property
2006-10-15 05:52:42 · answer #9 · answered by pdudenhefer 4 · 0⤊ 0⤋
Put up a fence.Wait until the court date is over because it may cause a nasty fight.Since they are suing you will have a chance to show the judge your deed.also remember a survey can be wrote up wrong by mistake.The only way to resolve this is to go to court.Remember he also has a deed to his land that may prove you wrong
2006-10-15 05:52:26 · answer #10 · answered by Billy T 6 · 0⤊ 0⤋