Q: A shed was built without knowledge on an angry neighbor's property five years ago. What are the legal ramifications now?
The shed has been present for five years. This past spring, the neighbor has declared he "won't stop" harassing us until we do everything he demands in our yard. I have had to call the police on him for invasion of privacy. The situation is hostile and a powder keg. We had a survey done in preparation for building a fence. We discovered that a small shed which has stood for 5+ years is 3/4 on his property. We staked the property line, cleaned out the shed, and plan to move it off his property within the week and onto our own. We also plan to have the fence built beginning of next week, three foot into our property line.
He was unaware of the property lines himself until we paid for a survey and staked it. Now he is having a lawyer and other people come over and saying he will sue. What are the legal ramifications of no one knowing the real property lines, and this shed being present until this weekend? We cannot communicate with the neighbor.
A:
A boundary line may be declared between the two tracts. Damages for the shed being on someone else's property may be adjudicated. Also damages for Trespass may be assessed. Slander of Title might be involved. Court Costs, and possibly Master/Survey fees may be ordered. But no significant Damages nor Attorney Fees should be assessed from
the facts you have given. I recommend you hire a competent attorney to perform two title searches, and proffer a Boundary Line Agreement to the other property owner for recordation.
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