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![parttime's Avatar](/images/avatars/default_avatar.gif) |
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Mar 8, 2010, 01:46 PM
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Adverse possession
Hi, going to buy my deceased uncle home, he allowed a neighbor to extend his garage a few feet onto his lot, I'm not exactly sure went this was done. Were wondering how this will affect the lot, can we have him move the building to recover the yard, what steps need to be taken. This is in West Virginia if that's important. Thanks for any info.
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![JudyKayTee's Avatar](image.php?u=218998&dateline=1365957671) |
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Mar 8, 2010, 02:46 PM
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Was this in writing? Was anything filed with the Court? How long ago?
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![parttime's Avatar](/images/avatars/default_avatar.gif) |
Ultra Member
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Mar 8, 2010, 04:27 PM
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Thanks, nothing was put in writing or filed in the courts. Not exactly sure on the time, I will find out, Could be as long as ten or fifteen years.
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![Fr_Chuck's Avatar](image.php?u=24071&dateline=1402162715) |
Expert
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Mar 8, 2010, 06:51 PM
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Ok, he was the owner and let the shed be on his property. ( why did he do it ?)
So you want to take away what your uncle has given ? Since this was not in writing, you can try, the amount of years it has sat there will be one factor. But expect it to be a costly law suit.
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![parttime's Avatar](/images/avatars/default_avatar.gif) |
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Mar 9, 2010, 01:35 AM
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Thanks Fr_Chuck, about what I thought.
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![JudyKayTee's Avatar](image.php?u=218998&dateline=1365957671) |
Uber Member
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Mar 9, 2010, 07:38 AM
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![Quote](custom/vgo/images/misc/quote_icon.png) Originally Posted by parttime
Thanks, nothing was put in writing or filed in the courts. Not exactly sure on the time, I will find out, Could be as long as ten or fifteen years.
You certainly can ask the neighbor to move the building off "your" property - if he refuses you would have to sue and I don't see a Court requiring him to do so.
The building was constructed with the permission and consent of the owner (at that time) and has stood for more than a few years.
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![parttime's Avatar](/images/avatars/default_avatar.gif) |
Ultra Member
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Mar 9, 2010, 02:23 PM
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Thanks guys, It's not a problem, just more of a question, we can live with it. Thanks again.
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