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View Full Version : Land survey shows I own where neighbor has buildings


confused in NY
Sep 4, 2007, 05:31 AM
Hi I bought property with no survey. Neighbor told us where line was and told me not to do a survey because I may find that I do not own as much as I think I do. I finally got the money up for the survey and found out, He has half a garage, carport and an 10X12 shed on my property. How do I get control of my property? I won't mind his buildings there as long as he cannot make claim to my property, do I just charge rent? He tells people that they can use my pond, fire pit and whatever. He has a lot of people in an out and someone over there has even backed into our camper several times but he would not admit it. And I donot want to be sued if one of his friends get hurt while in his garage.

excon
Sep 4, 2007, 06:12 AM
Hello confused:

You're going to need a real estate attorney. You have two options. You can demand he removes his buildings, or you can charge him rent. What you CAN'T do, is handle this by yourself.

excon

Zapman
Sep 4, 2007, 06:16 AM
Be sure to check with your neighbor to see if he had a survey done first. His would probably take precedence over yours. But doesn't sound like he had one done. Without talking to him you could check with the county records to see if there is a survey recorded for his land. He may still have had one done AND not recorded it so that is not a failsafe way to know if he had a survey.

I have a similar problem and I highly suggest before you get lawyers involved you try everything possible to work something out while you are still talking with your neighbor. After what I've been through I would go the extra mile to settle this in a friendly way. If you work something out - sign an agreement and file it at the county - have someone who knows what they are doing write the agreement up so there will be no problems in the future. Also if you have plenty of ground and won't miss a few feet to settle this I would highly recommend that. Not much worse than feuding neighbors!

tomder55
Sep 4, 2007, 11:59 AM
It does sound however that the neighbor was trying to deceive and cover-up what the neighbor already knew was his use of " confuse'land . I would check up on the 'adverse possession' laws for the area.

Adverse possession - what is it? (http://real-estate-law.freeadvice.com/real-estate-law/adverse_possession.htm)