Neighbor put driveway on my vacant lot

What is the name of your state? Wisconsin

I have owned a vacant lot for 12 years and am selling it. The buyer has asked for a survey. They surveyor called me yesterday saying that it appears the neighbor has built his drivway a good 6-8ft onto my property as well as a garage like shed. I am afraid the buyer is going to back out and now I have to try to deal with the guy with his property on my land. What is my recourse if I lose the sale? I spoke with an attorney who also suggested the guy may be able to take me to court and try to claim the property as his own now. I belive the driveway and shed were installed within the last 3-8 years.

[BrokerRE]

Go back to your attorney and ask him how to handle this. This is far too important, and has a chance of costing you a lot of money for you to be getting free advice.

You are obligated to let the buyer know about this possible encroachment. Keeping it from him will only make you responsible to pay later to fix it. FIX IT NOW, IT WILL BE MUCH CHEAPER. Ask your buyer to hang in there while you get the situation handled.

In my state, we would simply send the neighbor a certified letter outlining the encroachment, and request that he make corrections within the next 90 days. In the meantime, don't put just a stake in the ground, use spraypaint, and other materials that can't be picked up and moved.

You may want your attorney to insinuate to the neighbor that his actions may cost you this sale, and he will be ultimately responsible.

Hey, here's an idea, does your neighbor want to buy the land? That would solve everybody's problem.

[HomeGuru]

Writer, if you have a big lot and the encroachment does not really affect the use of your lot, then another option would be an encroachment agreement.
In my opinion, your neighbor does not have adverse possession rights due to the fact that the time frame is 10/20 years and the improvements have not been there for such period of time.

[Souix]

I was going to suggest that you either offer the land to your neighbor like RE Broker said or do some sort of lot line adjustment through your city or county offices, provided your neighbor will pay you for that piece his improvements are on.

[HomeGuru]

Writer, has there been a resolution yet?

No, no resolution yet. I am actually waiting for the survey to be finalized so I have something to go to my attorney with. The weather in WI isn't cooperating so the compnay doing the survey has not gone back since Friday when he discovered the potential issues. My plan is to get the survey, contact my attorney immediately and then start by sending a certified letter to the owners to give them an opportunity to remedy the situation within a reasonable time to avoid legal issues and hopefully the potential buyers will hang in there.

Thanks for asking, any more advice?

[HomeGuru]

[quote]Originally posted by mslwryd
[b]No, no resolution yet. I am actually waiting for the survey to be finalized so I have something to go to my attorney with. The weather in WI isn't cooperating so the compnay doing the survey has not gone back since Friday when he discovered the potential issues. My plan is to get the survey, contact my attorney immediately and then start by sending a certified letter to the owners to give them an opportunity to remedy the situation within a reasonable time to avoid legal issues and hopefully the potential buyers will hang in there.

Thanks for asking, any more advice?

**A: seems you got things pretty much under control. See if you can get an extenstion on your contract to make sure you still have a deal. Otherwise the Buyer's could walk. Have you considered the encroachment agreement option?

The lot size is only a 1/2 acre, not much room to give up 10 more feet.

[HomeGuru]

[quote]Originally posted by mslwryd
[b]The lot size is only a 1/2 acre, not much room to give up 10 more feet.

**A: why not? Your lot is over 20,000SF and you would not be "giving" property away. In an encroachment agreement you would still legally own the portion of the property you are "agreeing" to let the neighbors use under certain conditions.

[FarmerJ]

You realise living in tornado land that one of the conditions your atty could draft into the agreement HG suggest is that in the event the garage is destroyed in severe weather or by fire or what ever other reasons a Atty can include that the user would have to rebuild on their own property ?

[Souix]

Farmer J, what about the driveway, though?

[FarmerJ]

same deal the Attorney address that as well in the agreement HG suggest.

[HomeGuru]

That's right. And the driveway does not have to be damaged by an act of God in order to warrant replacement. There could be old age, a specifc time period, non-use etc.

I finally got the paperwork from the survey so now I will meet with my attorney. I will ask about the possibility of an encroachement agreement as well. I appreciate everyone's feedback it gives me a little bit more info to go to him with so I am not misled.
I guess the survey guy talked to the people who have the driveway and garage on the property and he thanked the guy for ruining his sunday but eluded to the fact that "he'll jsut have to move it then"
We'll see, nothing is ever as easy as it seems.
Thanks again everyone!! I'll keep you posted as to the final outcome.

[HomeGuru]

Good luck to you.