Encroachment/Adverse Possession situation

[MVGFNS11]

What is the name of your state (only U.S. law)? KY Our survey showed neighbors shed and part of yard actually our property, we offered easement for shed and fenced in the yard portion, got sued for Adverse Possession before we could get paperwork done, case dismissed by neighbor after dragging on for 2 1/2 years, we moved due to job loss, neighbor offered to buy portion in question, we signed a contract which they never signed and returned to our realtor, our house under contract for a short sale, now neighbor won't return our realtors calls which is holding up our closing. My question: After all this time, can we send a CRR letter requesting neighbor to remove shed so we can sell our house? We are hoping that will encourage them to call. We believe they are trying to bully us into just giving them the property without monetary compensation. They had a survey done and presented to Planning & Zoning (approved) so we don't understand the stalling.

 

[justalayman]

yes, you can send such a letter.

did you fence off the shed onto your property? 2 1/2 years ago?

am I correct in that they still have this contract you signed and sent them? Was there anything in that contract to cause it to self terminate it not acted on by a certain date or time? If not, you need to deal with that issue

 

[MVGFNS11]

We did not fence it off, there is about 3/4 on our property, the rest on theirs. But, per our attorney, we fenced all the way up to it on the 2 sides (1 side and back) that are on our property. Apparently our neighbor was also not good at staying in contact with her attorneys so yes the lawsuit dragged on and on. It has been nothing but a nightmare that we thought was coming to an end. I do not believe the contract had a time in it, we all assumed there would not be a problem due to the neighbor was the one who offered to buy in the first place. Lesson learned the hard way on that one! I really think a letter will bring results because purchase price in contract is much cheaper than attorney retainer fees which would be their only other option. We were trying to be nice and let the shed stay there all this time but I will not be bullied. Thanks for your reply!

 

[sally1]

I would send a follow up letter via the lawyer giving them a 30 day deadline to pay for the land they wanted,or the contract to sell will no longer be valid.

If they do not buy the land then you need to send another letter stating the shed must be removed from your property in 30 days,or you will remove it and charge them for the removal cost.

Personally I would just remove the shed and finish the fence. I would not even offer to sell that bit of land anymore.

It is best to get things wrapped up. Encroachments will make it difficult for you to sell the property.Your neighobr enjoys the use of your land while you pay the taxes on it.

 

[MVGFNS11]

Update: The CRR letter that I sent did the trick. The encroachment has been legally rectified for the agreed upon amount with the neighbor and our house has closed with our buyer!! Thank you for your responses/advice. The neighbor was nasty right up to the end (didn't bring certified funds-wanted to go to the bank AFTER we signed the deed-ended up paying us in cash because we refused to sign without it!!). But it is over with, we got just enough to pay the attorneys who defended our property for us and I will never again buy a house/property without having my own survey done.

 

[justalayman]

glad to hear it turned out well for you.

Also glad you learned about the need for a survey BEFORE the actual purchase as well.

 

[divona2000]

...I will never again buy a house/property without having my own survey done.

Thank you for the update, always good to heard how things ended.

(I am sincerely nominating MVGFNS11 for the "New Poster Who Learned the Best Lesson" Award" May others learn from them!)