Q: When buying property can you do anything if existing neighbors have built on or over your property line?
I'm in the process of buying a piece of land and when looking over the aerial map and going out to the location it looks as though the existing neighbors has put a shed on the line if not over the property line. As a new owner can I say something about it?
A:
That depends on a number of factors which need to be explored in a conversation with a lawyer experienced in such problems. For example:
1. Has an easement allowing the shed to cross the line been recorded? If so, is the shed within the legal description provided in the easement?
2. Did the neighbor sign a long-term lease with a prior owner of your property permitting the shed to be there?
3. Has the shed been there over 20 years?
You need a professional survey to determine where the shed is in relation to the property line. Anything else is too unreliable.
A: You should have the existing owner rectify this problem before you close and end up taking on this problem which right now isn’t your problem.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
