What is the name of your state (only U.S. law)? Ohio
I recently bought a property that includes a large pole barn that straddles the property line between my property and a neighbors. I need to know who legally owns the building or if we each own half. Here is the situation:
Both parcels (mine and neighbor's) were originally owned by same person going back to 1920's or so.
The barn was built approximately 1950's I think. It looks about that old.
A few years ago the owner of the two parcels (now descendants of the original owner) appear to have gotten into mortgage trouble with a bank.
2-1/2 years ago they sold the adjoining parcel (presumably with the banks OK) to my current neighbor
6 months ago I bought the remaining parcel from the bank. The owner had deeded this parcel to the bank "in lieu of foreclosure".
My current neighbor claims to own the half of the barn that is on his property. He had his property surveyed and I am not disputing the marker locations. I believe I own the entire barn, even the part on his property. My reasoning is this:
Slightly over 50% of the barn is on my property. There is an additional attached shed which brings approx. 70% on my property.
The entire barn is listed on my tax record and I pay taxes on the entire building. No buildings are listed on my neighbors tax record.
The electric service comes from my house
The gas service goes to the barn from the gas main going down the street. The account is under the address of my property but the gas line appears to run under my neighbor's property near the property line. This originally ran first to the barn, then serviced my house from the barn, but I have since gotten a separate gas connection for my house
There are three overhead doorways (door had been removed by previous owner) - the middle one is on the property line (slightly more than half on my side though). One door is fully on my property and the other is on the neighbor's.
There is one man door and it is on my side.
There is no dividing wall or party wall in the middle, but my neighbor has generously agreed to let me install one at my expense (LOL)
I do not believe there are any prescriptive easements or adverse possession at play here since the previous owner cannot get an easement from himself and neither the current neighbor nor I have been using the barn for more than 2-1/2 years. The encroachment is obvious and we both were aware of it when we bought our properties.
I am sure there is some similar court case where a decision has been made regarding full ownership by one party or joint ownership. If this was a house I doubt anyone would agree to share the house or have joint use of say, the bedroom.
Can anyone provide any legally based justification , court ruling, or other supporting argument for who owns the barn - hopefully with me owning it all. My neighbor and I are both reasonable and trying to be good neighbors. If I can show some legal precedent we might reach an agreement and be able to avoid getting lawyers involved.
Thanks for all advice - sorry this is so lengthy but the situation is somewhat complicated.
I recently bought a property that includes a large pole barn that straddles the property line between my property and a neighbors. I need to know who legally owns the building or if we each own half. Here is the situation:
Both parcels (mine and neighbor's) were originally owned by same person going back to 1920's or so.
The barn was built approximately 1950's I think. It looks about that old.
A few years ago the owner of the two parcels (now descendants of the original owner) appear to have gotten into mortgage trouble with a bank.
2-1/2 years ago they sold the adjoining parcel (presumably with the banks OK) to my current neighbor
6 months ago I bought the remaining parcel from the bank. The owner had deeded this parcel to the bank "in lieu of foreclosure".
My current neighbor claims to own the half of the barn that is on his property. He had his property surveyed and I am not disputing the marker locations. I believe I own the entire barn, even the part on his property. My reasoning is this:
Slightly over 50% of the barn is on my property. There is an additional attached shed which brings approx. 70% on my property.
The entire barn is listed on my tax record and I pay taxes on the entire building. No buildings are listed on my neighbors tax record.
The electric service comes from my house
The gas service goes to the barn from the gas main going down the street. The account is under the address of my property but the gas line appears to run under my neighbor's property near the property line. This originally ran first to the barn, then serviced my house from the barn, but I have since gotten a separate gas connection for my house
There are three overhead doorways (door had been removed by previous owner) - the middle one is on the property line (slightly more than half on my side though). One door is fully on my property and the other is on the neighbor's.
There is one man door and it is on my side.
There is no dividing wall or party wall in the middle, but my neighbor has generously agreed to let me install one at my expense (LOL)
I do not believe there are any prescriptive easements or adverse possession at play here since the previous owner cannot get an easement from himself and neither the current neighbor nor I have been using the barn for more than 2-1/2 years. The encroachment is obvious and we both were aware of it when we bought our properties.
I am sure there is some similar court case where a decision has been made regarding full ownership by one party or joint ownership. If this was a house I doubt anyone would agree to share the house or have joint use of say, the bedroom.
Can anyone provide any legally based justification , court ruling, or other supporting argument for who owns the barn - hopefully with me owning it all. My neighbor and I are both reasonable and trying to be good neighbors. If I can show some legal precedent we might reach an agreement and be able to avoid getting lawyers involved.
Thanks for all advice - sorry this is so lengthy but the situation is somewhat complicated.
