Q: What are my options if I was sold a property without knowing the boundary line is inside my garage?
I purchased a property in 2024, my mortgage survey showed my west boundary line 3 feet outside of my garage. My neighbor is building a house and presented me with a pin survey he had completed in 2023 showing the boundary line is 5.5 feet inside my garage. I have started the process of going through title insurance but my neighbor has started building as if the property line is 5.5 feet inside my garage which not only encroaches on the 15 ft setback that the county requires but also what I am told is my property. What are my options?
A:
Have a survey performed, and if your neighbor is correct file a temporary restraining order against further construction and a declaratory judgment action for the court to determine the rights of the parties. It is not when you purchased the property, but when the home was constructed, (or may be even before construction). You would try to establish that the previous owners claimed the property to be theirs openly and adversely for a period of 21 years.
Alternatively, the Court may say that your neighbor acquiesced by sitting by and allowing your house to be built. The Court could say that the neighbor must mitigate his damages by building as though your house is properly located, and then the neighbor could be compensated for any diminution of fair market value.
There is always the possibility that a court could say your house is not properly located and force you to remove the garage. Both you and your neighbor could have significant money at risk, so you should approach any negotiations as an opportunity to save and not as an opportunity to win.
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