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  #1  
Old 06-28-2009, 01:08 PM
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Join Date: Jun 2009
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Discovered encroachment


What is the name of your state? Alabama
I am buying a home that has 15 acres. The main home is on a hill. There is also a rental trailer and storage shed on the property at the bottom of the hill. We hired a surveyor and discovered the trailer and storage shed is halfway on the neighbor's property. Our closing for the property is this week. The seller made an agreement with the neighbor to purchase 1/2 acre to include the property for which the trailer and storage shed is on.
Now the neighbor is demanding for access through our property to his.
What should we do? The closing for that small section of property is not final yet. The trailer and storage shed has been there for 20 years and no one ever knew of this property issue until now.
  #2  
Old 06-28-2009, 01:53 PM
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Join Date: Nov 2007
Location: The Heart o' Dixie
Posts: 3,168
If the property is landlocked and there is no other way to access the property, then you may have to give the neighbor an easement. If it is not, tell him to pound sand.
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  #3  
Old 06-28-2009, 03:41 PM
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Discovered Encroachment


Their property is not landlocked. They have 70 acres and can access from any direction. Our area is the easiest access to their sandpit which I assume they go 4-wheeling. I have sent a message back to them through the real estate company with strict conditions which will be drawn up by our attorney should they accept it. If they don't accept it, then we would be have the trailer and storage shed still sitting on their property. I don't know the legal ramifications of that.
  #4  
Old 06-28-2009, 09:15 PM
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Join Date: Apr 2009
Posts: 478
Why aren't you acting on the advice of "our attorney" Which you should be doing rather than seeking it in here?

Who knows? The attorney for the neighbor might be listening in and purposely lead you astray. Whereas we do it unintentionally - mostly.

And I trust by "our" you don't mean the same attorney for both buyer and seller!
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