Can neighbor tear down my house?

[OHRoadwarrior]

I won't ask how this developed. I would seek a temporary injunction, pending your own survey. Have you tried to buy or exchange property for this segment? I gather the relationship is hostile. Has the house been put on a historic registry that would protect it from demolition?

 

[dmcc10880]

I think you have an adverse possession case and suggest you contact a local attorney who understands and deals with the rules of adverse possession in your jurisdiction. At the least file an injunction to prevent the bulldozing of your house until this situation can be resolved.

If the house has been there for 120 years, it's pretty obvious.

 

[Mass_Shyster]

You need a lawyer yesterday.

You may have a valid claim for title of the land under your house by adverse possession.

 

[xylene]

Your house is tiny and worse case could be moved a few feet.

I am sorry you have very little money, but there is an expression

"Aint to proud to beg."

 

[Washwo]

Can a neighbor tear down my house?

Well, it never was hostile. They just want to have a place to store their new yacht (42feet). They own quite a bit of property and have more than a dozen large vehicles and other boats on them.

The old cottage we've been in was built before survey markers..and is sitting partially on what was once a publicly owned strip of land that was never used by the public. Since it was our own backyard, we never thought much about it. We could never imagine that our home would be in jeopardy, and the city knew we were over the line and never said a thing.

The neighbor bought this land several years ago from the city, but we did not know this until now. I'm afraid we're out of luck on this one. I consulted an attorney who said no AP is possible because it was public land.

Now that they own some of the land under our home, my home insurance policy may not cover us, and is considering (I called this morning) dropping us from coverage....

I suppose we may have to MOVE our house off their line to save it..Is that the answer?

 

[LeeHarveyBlotto]

I suppose we may have to MOVE our house off their line to save it..Is that the answer?

The answer is what others have said. Get a lawyer. Today. Now.

 

[Washwo]

Can a neighbor tear down my house?

The lawyer I talked to said there is no case for AP. We have to either move our house, or face the bulldozer.

 

[xylene]

The lawyer I talked to said there is no case for AP. We have to either move our house, or face the bulldozer.

You sure like resignation.

Why does he have the right to bulldoze public land?

Get a second opinion

 

[Zigner]

Why does he have the right to bulldoze public land?

What public land?

 

[Mass_Shyster]

The lawyer I talked to said there is no case for AP. We have to either move our house, or face the bulldozer.

Talk to another lawyer.

 

[OHRoadwarrior]

Talk to another lawyer.

Immediately!!!

 

[pcwilson]

Just curious. Did you get title insurance when you bought the property?

Probably won't protect the improvement (the house) but may be someone else to talk to for a second opinion at little or no cost.

 

[Washwo]

Can a neighbor tear down my house?

Ok, so I talked to 3 lawyers, a city planner and the city attorney. There is NO AP since he's only owned in 4 years. Before that it was public property. My use has been for 100 years, but it was on city property, and therefor not open to AP.
The city says to let them know when they decide to bulldoze, and they'll see what they can do. They also said to get an estimate from a mover to move it over onto my land off of his.

 

[dmcc10880]

Then tuck tail and move the house or approach the land owner to purchase the two feet, plus easement. Perhaps there's something you can exchange to make the deal work.

Out of curiosity, how was the property owner able to purchase "public" lands?

 

[pcwilson]

Have any of these lawyers mentioned whether he and his bulldozer are prohibited from venturing past the 2 foot mark? I can't imagine that he has a right to destroy the entire house. If anything I'd think he has to laser cut at the property line and remove only those 2 feet that go over which I don't think is possible but I'd ask that question to the lawyers. THEN after you've exposed his saber rattling, sit down and work something reasonable out. I like the property swap that someone else mentioned.