Shed on property

[shopkins1994]

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

There were two lots of land next to each other and owned by the same owner. One lot has a house and the other is vacant land. The owner lost the vacant land lot to chapter 7 bankruptcy but was allowed to keep his other lot because it contained his primary residence. I purchased the vacant lot out of bankruptcy court. After a survey it comes to find out that the owner's shed is on the vacant lot. So now comes the question of who owns the shed since the deed was from the owner to me via the trustee. Normally it'd just be a case of the guy owns the shed and misplaced it over the lot line. In this case the owner owned both lots and deeded me the vacant lot which contained a shed. The deed doesn't mention the shed which I don't think it would, even if everyone knew there was a shed on the property.

While I'm not going to try to take the guy's shed it would be nice to know my rights before I send him a letter telling him he has to move the shed. I feel bad for the guy since it's probably one thing after another but I intend to sell the property and I'm sure it's going to come up. I'd rather deal with it beforehand.

Thanks.

 

[HomeGuru]

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

There were two lots of land next to each other and owned by the same owner. One lot has a house and the other is vacant land. The owner lost the vacant land lot to chapter 7 bankruptcy but was allowed to keep his other lot because it contained his primary residence. I purchased the vacant lot out of bankruptcy court. After a survey it comes to find out that the owner's shed is on the vacant lot. So now comes the question of who owns the shed since the deed was from the owner to me via the trustee. Normally it'd just be a case of the guy owns the shed and misplaced it over the lot line. In this case the owner owned both lots and deeded me the vacant lot which contained a shed. The deed doesn't mention the shed which I don't think it would, even if everyone knew there was a shed on the property.

While I'm not going to try to take the guy's shed it would be nice to know my rights before I send him a letter telling him he has to move the shed. I feel bad for the guy since it's probably one thing after another but I intend to sell the property and I'm sure it's going to come up. I'd rather deal with it beforehand.

Thanks.

**A: the shed belongs to you since it is on your land. Ask him to move it, keep it or get rid of it. The deed does not have to mention the shed.

 

[shopkins1994]

Just got the survey in. The shed is 1/2 on my property. So now it's anyone's guess who owns it.

GAH.

 

[xylene]

Just got the survey in. The shed is 1/2 on my property. So now it's anyone's guess who owns it.

GAH.

You don't want it, so push it across the line.


3 or 4 strong guys could easily do so.

 

[shopkins1994]

It's an old shed. I don't think it will move well. Plus where I live it has to be 20 feet off the line.

 

[antrc170]

Even if the shed is on your property you would first need to determine if it is a permanent structure which would transfer with the deed or a non-permanent structure which would remain as property (and you would have to declare it abandoned after notification, etc).

Since it's half on your lot the property rights are immediately retained by the owner of the shed. You should send him a certified letter explaining that the shed is on your property and include the survey. Ask that he either move it or arranged an alternate solution with you. If he does not move the shed then you will need to move forward with a court order allowing you to remove the item from your property.

 

[shopkins1994]

Even if the shed is on your property you would first need to determine if it is a permanent structure which would transfer with the deed or a non-permanent structure which would remain as property (and you would have to declare it abandoned after notification, etc).

Since it's half on your lot the property rights are immediately retained by the owner of the shed. You should send him a certified letter explaining that the shed is on your property and include the survey. Ask that he either move it or arranged an alternate solution with you. If he does not move the shed then you will need to move forward with a court order allowing you to remove the item from your property.

Thanks Antrc170 for the info. I was out there yesterday. The shed is indeed home built and in the ground. It doesn't appear that it can be easily moved. I will write the owner a letter and see what happens.

 

[HomeGuru]

Thanks Antrc170 for the info. I was out there yesterday. The shed is indeed home built and in the ground. It doesn't appear that it can be easily moved. I will write the owner a letter and see what happens.

**A: another option is to have both owners sign an encroachment agreement and record it.

 

[shopkins1994]

**A: another option is to have both owners sign an encroachment agreement and record it.

Yeah I was thinking about that but then it detracts from the property since I am selling it.

 

[HomeGuru]

Yeah I was thinking about that but then it detracts from the property since I am selling it.

**A: in that case get it removed.

 

[csi7]

If the shed is built on a permanent foundation, the shed can be removed piece by piece, the foundation then broken up and the problem is solved.

 

[HomeGuru]

If the shed is built on a permanent foundation, the shed can be removed piece by piece, the foundation then broken up and the problem is solved.

**A: sounds easy enough.