Adverse Possession regarding new owner

[Bernadine]

if there was an encroachment on a property for 46 years (a three cylinder high wall), but you are the new owner can you do something about it since the wall is falling apart and can become a danger to kids walking on it. the encroachment is mostly on my property and not on the other property. the other property owner has the property up for sale, and I do not want to be left with his mess. can I put a lien on the property so that money is allocated at the sale for me to have this wall taken down, so that I can put a fence up? my mother and father were the owners, but they are both deceased and my brother and I are the new owners since 1999 only.

[HomeGuru]

Consult an attorney to review the survey and the title report.

[Bernadine]

Thank you, but I do not have a title report. The house next door is up for sale, it is not sold. The property I am in is 46 years old and it was left to me and my brother.

[HomeGuru]

The attorney can order a current survey and title report.

[Bernadine]

I know what the survey says "encroachment of .33 ft x 100 ft" onto my property, and that is exactly what the title report and new survey would say. The problem is that this 3 cylinder high wall has been encroaching on our property for 46 years, and now it is cracking and I am finding debris on my side in my alleyway. If they sell this property, I will be stuck with their mess. Is there anything I can do about the encroachment now? The width of the encroachment is 6 inches, and 4 inches in on my side. This wall will fall down since it is cracking all over, and someone will get hurt. My brother and I are the new owners, so don't we have something to say regarding this adverse possession? I want money allocated from their sale (whenever that will be), so that I can knock this down. Can I put a lien on their property, and would this be very expensive?

[HomeGuru]

Ok then get the attorney to help you file a lis pendens.

[Bernadine]

Thank you! What would the lis pendens do? Do you go to Court with this?

[HomeGuru]

That's what your attorney is for. Once action is filed, there will be official notice that you have a possible claim. Escrow must then take action to notify the parties (Buyer and Seller)

[Bernadine]

Thanks again! This is starting to make more sense to me. I went to one lawyer, who sent a Certified Letter to the parties and there was no response. This lawyer wanted a $2500 retainer, which I will not give him. I called another lawyer, and this lawyer has not called me back in 3 weeks. I would rather take a hammer and knock the wall down myself than give a lawyer $2500. It wouldn't even cost me that much to have a mason take the wall down, put up some kind of retainer wall and to have a new fence put up.

[HomeGuru]

You are free to do whatever you want.

[vrzirn]

Well Bernandine, I am trying to imagine you telling me you would sooner perform the surgery on yourself than pay me. First, of course, you would pick my brain on "how-to".I cannot stop laughing!

[Bernadine]

I am just saying that I think a $2500 retainer for this is ridiculous! I do not mind paying something reasonable, but don't forget this is Cape May County not Center City Philadelphia or New York. These are not big time lawyers here, I worked for Philadelphia lawyers and Cape May County lawyers and there is a big, big difference. Unfortunately, I did not work in this type of law or I probably could do it myself.

[vrzirn]

Unlikely. You could not even follow the directions before you began posting.

[Bernadine]

Well, you are no brain either. How could you compare your education to a doctor or any kind of surgeon. Also, why don't you check your spelling of words before you post.

Well, I have to put my 2 cents in here. In all my years of experience, I would have to say that if your neighbors had the wall built (or it is for their benefit, or was) and they built a portion of it on your property, then it is their responsibility to "move" it. They should have built the wall 6" in from the property line in the first place. Now, getting them to "move" it is another story. I would guess you need an attorney if they won't do this amicably. You might notify the building dept. of the situation and let them at least document your complaint. Have you talked to your neighbors and asked them to just tear it down? Try to negotiate and tell them if they pay to remove it, you will supply a new one.

Hope this helps...