Q: I purchased a vacant lot. There was a sculpting on the land. The neighbor, the artist has removed it from my property
Do I just let him have it? The survey noted on the survey at closing "Neighbor's Art Over Property Line" He didn't contact me. He just came onto my property and took it.
A:
The land is called "real" property. Anything on it that is not attached or 'connected' to the real property is called 'personal' property. Because the sculpture was not 'connected' to the land it was personal property that the owner (sculptor) could remove. The surveyor noted that the "neighbor's art" was over the property line. This would be called an 'encroachment' onto your land. Encroachments are viewed as being something negative involved with your land. Most owners would sue the neighbor if the neighbor allowed a structure or object to cross over onto the owner's land.
The surveyor likely believed it should be removed from your land. This is a general viewpoint based solely on the information you provided. I urge you to meet with a property (real estate) attorney to discuss the specific facts and issues of your particular case. This would be the only way for you to know for sure.
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