Legal: Neighbor built shed on my property?

Question

I live in the Bay Area, Calif. My property is on 1 acre. My neighbor has build a shed that is on my property without consulting me. We are friendly w/ the neighbors. What do you recommend I do to advise them that this shed is on my property. I've heard if i take no action, then after a few yrs the land becomes theirs.
Pls. advise. Thx-

Answer 1

you should show them your poperty line and point out the shed is on your property,
if that doesnt work have a surveyor come out and stake the line and show on a drawing the encroachment and i'm sure he will move it then

Answer 2

I wish I knew whether you mind the shed being there or whether your only problem with it being there is any future claims they may have in accordance to the principles of adverse possesion (if someone has control over a land for a while they can claim posession).

Either way, the diplomatic way to do it so that you don't suffer any loss and keep the relationship with the neighbor intact, is this:
Tell them that you've been very casually thinking of maybe selling your property and when you had the survey people over there, that they wondered why the shed was on your property and you said because you were friends with the neighbors, you hadn't mentioned anything. Then say that the surveyor warned you that any prospective buyers will either claim the shed as part of the sale, or they will not want to pay for the part of the property on which the shed is built. You can then ask them what they think should be done. This should take care of it b/c they'll be in a position to hear your opinion and do something about the situation with you in the decision making.

IF they get nasty, then say that they can either:
1) buy that portion of land from you, so that when you're selling there is no question as to who owns what.
2) Move the shed to their property where it belongs.

This is the best and friendliest way to approach them ( but with a plan B in case they go Cybil on you).

Answer 3

You need to get this handled legally ASAP. The legal concept of 'adverse possession' may eventually cause you to lose ownership of the invaded property. Statutes on time frames for adverse possession vary from state to state.

You surely should inform them that they built this structure on your property. If you really like the neighbors and do not mind them having this shed in the location, consider a legal easement agreement with them. Do NOT give a 'never ending' easement. You might offer a legal easement which will expire at the time that either of you sell your property to a new owner, whichever comes first.

In that situation, you can allow your neighbors to keep the shed there legally UNTIL they sell the property, or UNTIL you sell yours. Any change of ownership would force them to move or dismantle the shed.

Answer 4

You're talking about adverse possession. If the neighbor does not have your permission to put the shed there, he can gain possession of the land it's on in 10 years. The requirements are that he have open possession (i.e., he hasn't hidden it somehow), it's continuous (although if he steps off the property it's OK--he just has to have a presence), exclusive (he claims it as his and his alone), and adverse (if you challenged it, he'd fight any attempt to take it back). Usually they also tag on "notorious", which is really just the same as "open," but they do it to form the mnemonic "OCEAN."

Answer 5

Your county does have a building code. Most codes require that you can build no closer than six inches from the property line.. Question---Why do you want to cause trouble between you and the neighbor? If you line where there or no restrictions then form a group of home owners and set a set of rules as a homeowners assoc.

Answer 6

You should get the original appraisal and land boundry markings from when you purchased the land. You can find this in the offices of your county usually. Then you can take this to your neighbor and show him. If he disagrees and refuses to remove the shed, get a lawyer.

Answer 7

i think u need to have a surveyor come and give an official evaluation of what is your entitled property. before this takes place speak to your neighbor in a polite way lettign them know of your concerns. that you will hire a surveyor to determine if they are in fact on ur land. if it turns out to be true if they would kindly move the shed on to their portion of the property. if they refuse u might need to get a lawyer to handle this.

Answer 8

yes..if you dont speak up, after a few years he can claim the property as his own..(states vary on this law so check to be sure how it works).

If you're friendly w/ him..just ask him "wtf?" etc...(w/o using such strong language). If you guys are friendly with each other then he'll either move it or some other accord can be met..Or he's just trying to strip some land out from under you, so you probably want to consult the local laws soon on the whole squatters rights.

Answer 9

Best to have the property surveyed. It may be on his land after all.
If not ask him if you can share the shed.

Answer 10

First, I think you need a lawyer. Second, you should write them a letter explaining that they built on your land. You may need documentation in the future.