Family land is precious, especially when it has a lot of sentimental value. Even if you don’t use it that often, it’s still a place where fond memories are made, relationships cemented, and a space to get away from the hustle and bustle of everyday life.
For one Redditor, though, he and his family were in for a shock when their neighbor skipped out on having a survey done and ended up building his house entirely on their land. Noting that the neighbor doesn’t seem to want to resolve the issue, the man turned to the web for advice.
More info: Reddit
Having a piece of land to get away to is a rare luxury, one that's been suddenly disrupted for this family
Image credits: William Green / Pexels (not the actual photo)
The family owns fifteen acres of land they mostly use for recreation at least once a month
Image credits: cottonbro studio / Pexels (not the actual photo)
Without having a survey done, their neighbor built a house that turned out to be 100% on their property
Image credits: pyroimpala
With the neighbor having no plans to rectify his mistake, the family turned to netizens to ask for legal advice
OP begins his story by telling the community that he and his family own 15 acres of land that they mostly use for recreation and getting out of the city from time to time. He goes on to add that the rectangle of land is heavily wooded along the front and one side they share with their neighbor who moved in at the beginning of the year.
Apparently, between January and May, the neighbor cleared land and constructed a barndominium - an all-purpose, open-concept abode - on the family’s land. When they confronted him about it, he admitted he knew he might be over the property line because he was too cheap to have a survey done and measured from the incorrect fence line.
The family has since had a survey completed, only to discover that the neighbor’s barndo is 100% on their land, with the property lines starting 25ft before the structure. OP says the land holds great sentimental value, but the neighbor hasn’t taken any steps to resolve the error and doesn’t seem likely to. He then turns to Reddit for advice.
Technically speaking, the family’s neighbor is trespassing, and they have every right to seek legal intervention to either have the property demolished, sell the portion of land that their neighbor is encroaching upon, or charge him rent as long as his property remains on their land. Failure to seek legal recourse could see them lose that portion of their land to the neighbor via a law called adverse possession.
According to the Bankrate website, adverse possession can be complex since the precise requirements that characterize it vary depending on jurisdiction. As an example, some states allow adverse possession claims by possessors who have simply occupied and used a property, whether intentionally or otherwise.
Other states require the possessor to be aware that they’re trespassing on someone else’s property. Also, the length of time required to claim adverse possession varies significantly from one state to another — it can be as short as two years or as long as 20 or even 30 years.
Image credits: ANGELOXWU / Pexels (not the actual photo)
OP’s family will need to consult with a real estate attorney sooner than later. But how do they go about finding the right legal resource for their specific needs? Considering they’ve already had their property surveyed, they’ve taken the first step towards making a case against the neighbor.
The Carosella & Associates website suggests three things to look out for when hiring a real estate lawyer: experience, knowledge of local real estate law, and communication skills.
When it comes to experience, you’re looking for a lawyer who specializes in handling property issues and transactions. Feel free to ask for references from previous clients to assess your lawyer’s competence and reputation.
Since real estate laws, zoning regulations, and building codes may vary from area to area, it’s of utmost importance to hire a lawyer who has knowledge of local laws and procedures in your township or city.
If an attorney has worked in an area for an extended period, you’ll also benefit from their connections with city and county building regulators, title companies, zoning boards, and real estate agents.
As far as communication skills go, it’s critical to choose a lawyer who you’re comfortable with and who will respond to any questions or concerns you have about your case. They should be able to simplify complex concepts in terms you can understand and always be responsive to your queries about their fee structure and case history, for example.
At the very least, OP’s case seems to be pretty black and white in terms of his neighbor’s offenses. All the family needs to do now is lawyer up and go through the process of reclaiming their precious land.
What would you do if you found yourself in OP’s shoes? Do you think he should try to come to some sort of agreement with the neighbor, or press for demolition? Let us know your opinion in the comments!
Redditors in the comments suggested lawyering up, leasing or selling the land, or having the neighbor move his house entirely
Image credits: Andrea Piacquadio / Pexels (not the actual photo)
