I bought a property(land). My neighbor's garage (storage) is on my property.?

Question

How can I make him move the storage from my property. Last summer a asked him to do it, but he didn't do anything. Do I need a court order? How do I resolve the problem?

Answer 1

Now just what harm is he doing???
If none, why not just be a good neighbor??

Answer 2

Before you can file anything with a court to have the garage removed, you will have to do some homework.

First you'll need to hire a civil engineer to look at the tax maps and determine AND mark the border of your property. (I don't doubt he's on your land, but you'll need to present this documentation later on)

Next, you need to review your deeds to make sure that there are no clauses granting permission or outlining an easement or right-of-way on the portion of your property. (I got into a fight with my neighbors because I was using THEIR driveway, but I obtained a copy of their deed which I knew gave the ajoining property(mine) a right-of-way through that road. This was set up by the priginal owners.)

Also, you will need to research your local laws on what is called Prescriptive Easement. This is a law which unfortunately protects people like your neighbor. Example: If a person illegally builds on your property you have the right to have them removed, HOWEVER if within a certain amount of time prescribed by law (I believe in my state it is 12 years) the property owner does not acknowledge in writing that an infringement has taken place, the structure can legally remain and be maintained by its builder without punishment or compensation to the property owner.

After you make sure that the neighbor is wrong, file a complaint with the local building authority or the official in you local jurisdiction that handles property transfers, perhaps the county clerk's office.

Answer 3

First off how long has it been on there, if it has been on there for a long time GIVE HIM PERMISSION TO USE YOUR LAND, sounds weird but it'll destroy a prescriptive easement or adverse possession claim. Then you need to do a title search and make sure there are no easements on the property, if there are not you can start eviction proceedings, or put a contract in his mailbox stating that continual use of your property will require rent.

Answer 4

You really need to consult a lawyer. If your neighbours garage is really on your property resolving the problem will be expensive for him so he will not likely do anything until absolutely forced to act. Retaining a lawyer and having the lawyer contact him on your behalf will show him you are serious and mean business WITHOUT having to get into nasty neighbour fights. If he still fails to respond you are left no choice but to proceed to court action. Do Not threaten him with court action. Simply state that unless you see concrete action on his part to address the problem that you will be forced to proceed with your legal options.
Try and do this with the least amount of animosity because, after all is said and done, you will STILL be neighbours and having nasty neighbours really sucks.

Answer 5

This should have been address before you closed on the property. Call a lawyer and go after them by having it moved by a certain date or you will remove it and they will pat for the expenses plus mental anguish.That should get them moving.Good Luck and God speed.

Answer 6

Offer to allow him to purchase the property the garage is on...talk to your county office to see if that is a possibility, if that is something that may interest you.

Answer 7

1st get documentation that they actually are over the property line. Once this is established you can take legal action. Even charge rent.

Answer 8

send him an eviction notice (yes, the same as a tenant) in effect, because his items are on your property, he is a tenant pro se.

follow the eviction laws of your state (some require 60 day notices).