Neighbor built their home on our land 60 years ago.

[Joshyjosh]

What is the name of your state (only U.S. law)? Colorado

Our neighbor to the north built their home on our property roughly 60 years ago. If you look at the current placement of the markers and play connect the dots a third of their home and various out buildings are on our land. The property boundary literally goes threw neighbor's living room. Now you would think that the other two thirds would be on their side of the property? Nope probably half of the house is on the neighbors to the east land leaving only roughly 16% of the neighbors home is on their property. We have spent lots of money on lawyers and surveys but have come up with nothing. One of the problems is a hundred years ago someone placed a marker 15 or so feet off and I mean the quadrangle marker on the map. So everyone's property markers are all over the place. But the current surveys are accurate and we know where we stand on property lines.

I am going to switch to a side note about this and the reason I know all of the information that I have previously stated. While we were building our house our neighbor (who is also a retired lawyer) to the west tried to sue us to get land that runs along our west side of our property. So we went threw more surveys and more lawyer fees. Long story short we own the land about one foot in front of our neighbors to the west door.

Back to the property to the north. The original owners that built the house have since building our house have passed on. The property has been bought and sold a couple times and most recently it has foreclosed and the bank has put it back on the market. The property has not been kept up and now some of the structures are collapsing. So basically I know it's probably not worth it to bring up a bunch of more legal suits over the property right now see as though the bank owns it and has a lot more money and lawyers than I do.

What I am curious about is if someone buys the property and removes some of the buildings that are built on our land would we then be able to reclaim some of that land?

 

[tranquility]

It depends on how you lost it. If by adverse possession as determined by a court, it is gone. If an easement of some sort, maybe.

 

[OHRoadwarrior]

This is a novel idea. Why don't you asses the property lines as currently determined and see if a land trade is feasible.

 

[FarmerJ]

I would suggest since no one ever made a claim against your land that you may have whats there evaluated based on tear down value and but the land only and one step farther bringing your city / county in to condemn the house if its in that bad of shape ( learning what your county will require for septic system replacement and including a copy of that with copies of your survey that shows where the boundary line lays is and last but not least making a offer to buy it sending copy of the survey via certified mail to the lender and to the realtor along with letter explaining this house is encroaching on your land ( I would think that before the foreclosing bank has it listed too long that you could also fence in that side of your lot even if barbed wire only up to the house it self and then continuing on the other side of the house and make giant sheet of plywood sign to mount on your property ` the house you see is encroaching on my land I have surveys to prove it , if you buy this house You are buying an expensive headache ! I suggest to go that far because if they manage to sell it to another person that one is not likely to get a survey done and I can see the foreclosing lender and its realtors claiming they didnt know SO if you fenced in that side of the lot and posted about the encroachment do you really think a buyer is going to want to buy that kind of headache ? If in doubt speak to your attorney , why , I cannot see why your attorney would object to you fencing in your land or posting on your land even if the fence is interrupted by the house it self the lender wants money, do you think its likely a lender is going to spend a dime (increasing its loss) on the legal fees to fight ? I doubt it.

 

[latigo]

What is the name of your state (only U.S. law)? Colorado

Our neighbor to the north built their home on our property roughly 60 years ago. . . . . .

The fact that the land in question has been sold more than once and a bank holds a mortgage lien against it might arouse questions as to its present legal ownership. It would be most unusual for a bank to issue a loan secured by land without having first acquired an ALTA Extended Coverage Policy insuring marketable title in the mortgagor.

What I would have you do first is to pay a visit to the County Clerk and Recorder in the county where the property is situated and have a look at the property descriptions in those deeds and mortgage instrument. Also, the County Assessor to look at the county tract records to see if there is any indication as to how, if and when the present deeded owners acquired their interest in the land.

HOWEVER, that could only serve to satisfy you curiosity because due to the extensive period of time that the land was occupied by strangers to the title you cannot now legally assert rights of ownership. *

___________________________


[*] Colorado Revised Statutes38-41-101. Limitation of eighteen years

(1) No person shall commence or maintain an action for the recovery of the title or possession or to enforce or establish any right or interest of or to real property or make an entry thereon unless commenced within eighteen years after the right to bring such action or make such entry has first accrued or within eighteen years after he or those from, by, or under whom he claims have been seized or possessed of the premises. Eighteen years' adverse possession of any land shall be conclusive evidence of absolute ownership.

 

[FarmerJ]

Unless lightning strikes the house and burns it down or a mother ship lands on it crushing it , I still suggest seeing your atty If you have any hope of re taking control of your land the best time to take steps to do it is NOW before this place is re sold. SEE your Atty.

 

[tranquility]

Unless lightning strikes the house and burns it down or a mother ship lands on it crushing it , I still suggest seeing your atty If you have any hope of re taking control of your land the best time to take steps to do it is NOW before this place is re sold. SEE your Atty.

I agree. Latigo seems to imply all elements are met under the current law. I'm not so sure without more facts.

See also:
http://www.bfw-law.com/brwPrint/09-11_Nov2008_Real%20Estate.pdf