Neighbors shed on property/fence question

[chrisleacastle]

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

New York

We bought our house about a year ago, and found out that the corner of our neighbors's shed is on our property (about 20 sqft). We know because of squatter's laws, they don't have to move it, nor would we ever ask them to. They are great neighbors and we really don't want to make things uncomfortable, but the problem is that they are also using the property behind the shed and next to the shed which is all ours. (A total of about 450 sq feet). We are putting up a small picket fence in the next week or so, and we are trying to decide whether to put the fence almost right up to the shed to claim back some of the land, or to just leave them what they've already claimed when we put up the fence. I'd like that land back, as it would make a great vegetable garden, but don't know what to do. Is it legal for us to put the fence up to their shed even if we wanted to? Thank you.

[luckycharmz336]

I would recommend trying to talk to them about it first, because it could become really awkward if you just move forward with the fence. Obviously you guys bought that land and its yours, however; without discussing it with them may cause more problems and make it more uncomfortable. They may be considerate about it and just ask for proof or documentation.

[chrisleacastle]

Thanks for the reply.....good point, I forgot to mention that part. We are planning on talking to them about it, especially since we need to pull a permit and talk to our adjoining neighbors anyways, but I was hoping to get advice from others on whether they would just let them have the land, or if they would figure out a nice way to say, "we're taking it back."

Thank you!

[divona2000]

Did you have a survey done, and know for a fact that their shed is encroaching on your land?
Did you get Title Insurance when you bought? (Covers you for claims against your title, like that shed).
You also need to consider possible legal consequences from their use of your yard, liability issues, etc.
You could tell your neighbor you will allow this trespass of their shed, and get the agreement in writing and recorded against both properties.

"squatter's laws" ?

[sally1]

Have a boundary survey done. Ask that the surveyor place wooden markers every 10 or 20 feet. Your neighbors will come out to see what is being done,and you can then let them know you will be putting in a fence. Tell them the survey will prevent encroachment on your part,and will let the neighbors know if they need to move anything.

If the neighbor does not agree with the survey they need to hire their own that will either confirm or dispute the results. If the surveys differ then the surveyors are required to figure out why there is a difference.

If the neighbor agrees with the survey but will not move the shed then you can be nice and fence up to the shed,or if possible just move the shed over.

[154NH773]

We know because of squatter's laws, they don't have to move it, nor would we ever ask them to.

In my opinion; this is exactly the wrong determination and attitude.

There is no such thing as "squatter's law". Your neighbor has no "right" to your property other than what a court, or you, may grant him. Whether a court would grant him such a right depends on many factors.

You should get a survey, as others have suggested. If the shed is actually on your property, you have several choices.
1. You can grant conditional permission for the shed to remain. (Which may protect you from future claims against the property by your neighbor)
2. You can grant an easement for; the shed's remaining either permanently or for some time period; or conditional on ownership or other factors of the neighbor's property or yours.
3. You can ask for the shed's removal.
4. You can do nothing, which may lead to your neighbor actually taking your peoperty in a court action, either now or in the future.

I believe you would be foolish to do nothing about this encroachment onto your property, and the fence question is unimportant in this situation. The major issue you MUST resolve is the shed's placement.

You should NEVER be complacent about someone taking your property.