neighbors shed entirely on my property

[curly-mn]

Minnesota-My neighbors shed is all the way on my property, I knew it when I bought the place 2 1/2 years ago, and when I brought it up to my new neighbor that just bought his property in January he said I had to prove it, so I showed him on the plat map and showed him the deeds and tried to explain to him, but he didn’t want to talk to me about it. So I went ahead and had a survey done which clearly shows exactly what I was trying to tell him.

My question is:

Is my certified survey map showing shed location on my property enough to just send him a letter giving him so many days to remove what he wants before it gets demoed? Or do I need to get some sort of declority action in order to legally remove it from my property? Hes not going to remove it volunterrily, bu tI also dont want to have to hire a lawyer.

And is there anything he can do if I go ahead and demo it, since I proved it is on my property?

 

[danno6925]

Check your title insurance policy

Check the title policy that you received after you bought the property. I work in title insurance in PA, and most policies will make an exception to those encroachments that an accurate survey would reveal. Contact your title company to see if they will allow you to amend the policy to include the information contained in your Survey, but don't be suprised if they won't. Since you bought the property knowing there were encroachments, you may have no recourse, since this person may claim adverse posession to the shed.

You could offer to sell him an easement for a fair price, and have it recorded at the county courthouse. This would allow him ingress/egress rights, but not ownership of the land where his shed sits.

Another option you have is to send him a letter CRR stating he has ten days to vacate the shed. And on the 11th day, dynamite the sucker! The shed, of course

 

[divgradcurl]

Minnesota-My neighbors shed is all the way on my property, I knew it when I bought the place 2 1/2 years ago, and when I brought it up to my new neighbor that just bought his property in January he said I had to prove it, so I showed him on the plat map and showed him the deeds and tried to explain to him, but he didn’t want to talk to me about it. So I went ahead and had a survey done which clearly shows exactly what I was trying to tell him.

My question is:

Is my certified survey map showing shed location on my property enough to just send him a letter giving him so many days to remove what he wants before it gets demoed? Or do I need to get some sort of declority action in order to legally remove it from my property? Hes not going to remove it volunterrily, bu tI also dont want to have to hire a lawyer.

And is there anything he can do if I go ahead and demo it, since I proved it is on my property?

You can send him a letter, certified with a return receipt, demanding removal of the shed within a certain time period, maybe send a copy of the survey along with it. If he doesn't comply, then you could demo the shed. Here's the problem, though -- if he gets his own survey, and it shows that the shed is on HIS property, then he could sue you for demoing his shed, and it would be a judge who decides whose property the shed was really on, so you might expose yourself to some liability of a lawsuit. Further, if you send such a letter, it might spur your neighbor into filing a suit for adverse possession of the property -- if he does that, then you cannot destroy the shed until the lawsuit is done.

So, you'll need to decide what you want to do. If you neighbor is the suing type, there may not be anything you can do without getting a court involved. If the neighbor seems like the type to really sue (and not just threaten to sue), it might be worthwhile to take the initiative and sue him for trespass and declaratory relief, it'll cost some, but it might be cheaper and easier than being put on the defensive. If, on the other hand, you feel your neighbor is all bluster, then maybe the risks discussed above are reasonable, and you can do this yourself.