Encroachment on National Land

[yooperfly]

What is the name of your state (Michigan)?

Finally after many long weeks of jumping hurdles and miles of paperwork, it looked like everything was A-Ok to purchase our house in the country with a white picket fence. Contractors had been solicited for bids on updating a few things**************..their bids were turned in to our lending institution, and everything had been approved. The appraisal came in on a positive note, (it was appraised as if the updates had been done already so as to roll the cost of the contractors right into our mortgage), and the deed is being drawn up at this time. As we live in a very rural area, we have only one surveying company at our disposal. Due to their workload, I finally received the survey of this property today. The house and detached garage were originally built 50 years ago, and there have been 4 previous owners of this property.
The North side of this property borders thousands of miles of National Forest Land. The survey shows that the detached garage is encroaching onto the National Forest Land by about 13 feet. The current owner of the land had no idea of the encroachment, and nothing had been disclosed to the owner prior to him either. I have checked county records, and there has never been a survey recorded on this property before. I have not actually turned this survey information over to my lending instution yet. I guess my question is,
"Is there any options at all that the current owner may have to resolve this situation"? (Short of tearing down the garage that is) Does anybody know who would be a suitable contact at the Forest Service as to try and find a resolution? The current owner has moved from the area, and he really needs to sell**************....and we still really want to buy. Thank you for any information, and or advice that you might be able to lend.What is the name of your state (only U.S. law)?

 

[DAD10]

Reverse inverse condemenation

Your legal description is probably- metes and bound and your encroachment has been open and notorious for five years -then this would be reflected in the title.
Chances are you will not have to tear down your garage. Get a warranty deed to be safe.

 

[FarmerJ]

If you really were pushed, it is not that hard to jack up a garage and move it, there are plenty of firms who do it as sole business because they also sell used garages, I dont see adverse possession as something you could attempt since its public owned land. so take the time to learn what the cost would be to have garage floor extended so it would be with in setbacks and plan on someday moving garage forward into your property or if say storm damage or fire took it then of course that would be a good time to relocate it.

 

[drewguy]

Correct. Adverse possession against the government is not possible.

The question is whether the government will care, or whether the lender will. Any chance everyone can lay low? It's not like the government has figured it out yet . . .