Ask Me Help Desk - Adverse possession; Home is probably on my property by 2 feet, length of house.

Using Google earth, I believe my neighbor/cousin build their home on my property (my aged mother claimed it about 9 years ago).

Their home occupies 80'x2' of my property, plus 2 large basement window wells protrude an additional 2 feet and fence runs 2/3 of property ON the line, no setback.
My cousin owns the property, Her Ex-built the home. Evidently didn't survey, yet built a $250,000 home.
Built approx 18-23 years ago.

Obviously can't move the home.

I moved here 13 years ago, took over my moms property.
5 years later Cousin installing fence length of property, I insisted they observe what mom said the property line was. My cousin complied.
Doesn't that imply (her/their) knowledge of the "true property line"?

As my cousin, I never pushed it, now she is trying to sell for $385,000.
My new neighbor won't be a relative, Now its an Issue.

I am concerned about the time frame without "formal" objection.
Does anyone know the time limitations for such a claim or objection? Is there an actual statute of limitations within which I must object? File? Or claim damage and formally proclaim adverse possession of my land?

Thanks in advance.
KC

The time limit varies by state. You can Google 'adverse possession your state' and find it easily. But it has to be 'openly hostile' and this wasn't.

Not sure what this is about the fence on the property line vs on a setback.

You've have some strings of bad luck. Did you ever sue your ex and the title company? It sounds like you only asked the title company and of course they said they had no liability.

Is this the same house you have asked about Title?

First, what do you think Google Earth can show you about property lines? Unless you have exact Longitude and/or Latitude numbers marking the boundary, I don't see how Google Earth can show you an encroachment.

As joy suggests, your refusal to protest the encroachment may have left you out of luck. But what you should do is get a survey done. If indeed the house encroaches, then you can probably file a lien against the property, forcing the owner to reimburse you for the sliver of land they have encroached on. If they want to sell they will have to pay otherwise no one will buy with a clouded title.

Quote:

Originally Posted by ScottGem

.... If indeed the house encroaches, then you can probably file a lien against the property, forcing the owner to reimburse you for the sliver of land they have encroached on. If they want to sell they will have to pay otherwise no one will buy with a clouded title.

Before filing a lien, normally one needs to first get a judgment.

Perhaps what you are suggesting is a lis pendens, which OP can file at the same time OP files suit.

Quote:

Originally Posted by joypulv

The time limit varies by state. You can google 'adverse possession your state' and find it easily. But it has to be 'openly hostile' and this wasn't.

Not sure what this is about the fence on the property line vs on a setback.

You've have some strings of bad luck. Did you ever sue your ex and the title company? It sounds like you only asked the title company and of course they said they had no liability.

Thanks...
Yes, I sued the title company (and yes they claim, no liability, no written instructions) which we say... you are the pro, that is on you. Plus your escrow officer admitted on phone recorder, " Since we didnt do the refi, I just gave the warranty deed to her, what she did with it I don't know?".
They even closed that branch of the firm and tried to say, since that branch is closed they are a different company and not liable. We deposed the escrow officer who said when they closed it he moved to the new office and they moved all the files, desks, computers to new office. So, we claim, it's the same entity... so still liable. Can't play that game.
The woman who perpetrated the fraud. I have a judgement against her, but she is a "con" and hides all her assets, difficult to get anything.
I am focusing on the title company. Been fighting them for 6 years now... been through 3 attorneys and also self representation.
Biggest problem is the title co. attorney is an ex-prosecutor and thinks everyone needs to kiss his... (lets say feet). Total jerk, must drag everything out of him... anything to stall and cost me money.
My last and current Attny is contingency and I hope gets things going and some results.
But sadly had to file chap 13 this last fall, so that could mess things up too... They offered to settle for $200, my 2nd attorney told them... "don't insult us" !
I believe in the end I will prevail, just don't know to what extent.
What a bunch of crap.
And... as for my luck...
You only see the tip of the iceberg... lol
Thanks for your help, input and interest. I do appreciate it and you.
KC

Quote:

Originally Posted by AK lawyer

Before filing a lien, normally one needs to first get a judgment.

Perhaps what you are suggesting is a lis pendens, which OP can file at the same time OP files suit.

No I meant file a lien. I didn't specify what would be necessary to file the lien, just that it was a possibility. The first order is to get a survey.

Quote:

Originally Posted by ScottGem

Is this the same house you have asked about Title?

First, what do you think Google Earth can show you about property lines? Unless you have exact Longitude and/or Latitude numbers marking the boundary, I don't see how Google Earth can show you an encroachment.

As joy suggests, your refusal to protest the encroachment may have left you out of luck. But what you should do is get a survey done. If indeed the house encroaches, then you can probably file a lien against the property, forcing the owner to reimburse you for the sliver of land they have encroached on. If they want to sell they will have to pay otherwise no one will buy with a clouded title.

Scott, thanks for the reply.
No the other property was an investment property. Hoped to move up, rent the one I am in, improve both... etc. Still in litigation with title Co.

This is my primary property, been in the family since 50's. The 2 plats were side by side, owned by my mom and her brother; he sold his to his daughter-my Cuz'n and I took over the land from my mom.

Yes, I know in the end, I must get it surveyed. Which previous to this... didn't seem justified/cost effective. Relatives are accommodating, friendly... etc. Though it bothered my Mom... and me that they built the home so close to our garage, 8-10 feet (not counting basement window wells.)
Originally, mom had tried to ask or convince them to put the driveway/garage area in-between the two properties. Her logic, share a double or triple driveway, access to the back area would be accessible by the largest vehicle, if needed. But they chose to do the opposite. So, I would say she was upset and as hostile as a little old lady... (that is way to giving and easy going, especially to relatives.)

So... I have suspected... the encroachment and when I looked at the Google maps and the super-imposed property lines, it really jumped out at me how the plats lay together. It does compel me to look into this closely and expeditiously, as long as I am not wasting my time, efforts and money on a survey.
Isn't there suppose to be a steel or brass marker driven into the ground at the corner of a plat next to the street? What if I found that? Wouldn't that give me a better perspective on deciding whether to spend the money on a survey and pursue suit?

Thanks again for your input.
KC

OK, here's the way I look at this:

The cousin built the house at least 18 years ago. That's longer than any adverse possession SOL that I know of.

However eight years ago cousin built a fence in a way that, arguably, showed a lack of "hostile" claim of title, required to establish title by adverse possession.

I don't think that would defeat the AP claim. Again, depending on the state, 10 years of exclusive, continuous, open and notorious possession under a claim of right would do the trick, without regard to what supposedly the cousin may have done after that 10 years (i.e.: complying with the OP's mother's insistence as to what the "real" property line supposedly was). So I don't think OP has a claim against the cousin, at least for that land actually covered by the house (and the window wells).

And I don't understand what claim OP might have against a title company. Is that another thread?

Quote:

Originally Posted by ScottGem

No I meant file a lien. I didn't specify what would be necessary to file the lien, just that it was a possibility. ....

And I'm saying it's not a possibility w/o first getting a judgment. And if he or she could file such a lien (other than a mechan's lien), OP would be opening him/herself up to a lawsuit for defamation of title.