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-   -   If my garage encroaches my neighbor with the majority on his property, can I claim (https://www.askmehelpdesk.com/showthread.php?t=224177)

  • Jun 7, 2008, 06:51 AM
    inthewoods
    If my garage encroaches my neighbor with the majority on his property, can I claim
    The garage has been used exclusively and continuously by the owners of my house for over 30 years; it is hostile, open, notorious; I pay taxes on the garage exclusively - so I believe I can claim adverse possession or an action to quiet title or a prescriptive easement. But the boundary goes through the garage at an angle, and only 1/4 to 1/3 of the garage is on my property. Is there a legal precedent of "majority rules" - i.e. because the lion's share of the building is on his property, he gets to claim it?

    As an aside, he is threatening to beat me to a pulp (I'm a single mom and he's an alcoholic), make every day of my life miserable, and provokes me constantly by blocking my way with his body or junk that he throws in front of my car when I try to leave. Nice guy, huh? And the police can't do a thing, because I don't have a witness.

    Thanks for you help!
  • Jun 7, 2008, 06:59 AM
    Fr_Chuck
    This is where the law of adverse possession was written for. You will need to hire an attorney to file this for you. If you win, the property line will be changed on the deeds to show the entire garage on your property. If you lose, it is possible the garage may have to be torn down or moved.
  • Jun 7, 2008, 07:03 AM
    excon
    Hello in:

    Go buy a cheap video camera and set it up to go off with motion detector. Then you call the cops and get a restraining order against him. Even if it's HIS garage, he'll have to remove himself when you come a walking.

    excon

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