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Boundary issue affecting garage & fence

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philfuehrer

Guest
What is the name of your state? MN

Looking for some guidance. Wife bought our house 13 years ago (I didn't come onto the scene til about 10 years ago). House and garage built in the early '60s.

Finally, a developer decides to put in houses on property behind us and has a survey done (I don't have one of my own) of all his lots. His survey has our garage slightly askew - one back corner is 2 or 3 inches on our side of the property line the other back corner is 3 to 4 inches on his side. Of course the fence then extends a couple feet into his property. He wants the fence down immediately and "this doesn't determine the garage issue and your garage eaves overhang".

I'm thinking an encroachment/easement agreement is best. However, I don't think he'll agree, since he's pretty much a total jerk. I can move the fence easy enough (I suppose), but my real concern is my garage - particulary since it's been there for 40 years, we're talking 4 inches at the greatest point of encroachment (not counting a the eaves) and he's got a structure setback that he'll need to abide by anyway.

So, three questions 1) Trust the survey he had hired or get my own, 2) Encroachment agreement proper thing to do (if he'll go for it) and 3) If he's a total jerk and wants my garage shifted three inches what can I do?

Thanks,
Phil
St. Paul, MN
 
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FarmerJ

Senior Member
Phil have you considered asking him to take a simple approach and sell to you a small narrow strip of land that would end this problem easily ? If not ask him . ANY other solutions you may well consider using this web sites FIND A LAWYER feature and search for a local real estate atty , With the new Directory company that bought out the yellow pages for the twin city metro area theres alot of listings that they dont offer any more . Even up at work the directorys that I had arranged to get from staff that have metro phone I have found to be POOR at best . So consider giving it a wizz and trying this sites find a lawyer feature . A Attorney can indeed tell you about your options and assist you with making a well informed choice regarding the avenue you take , and could even assist you with the paperwork if the developer agrees to sell you a strip of land . making sure that your interest are being served .
 
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philfuehrer

Guest
Thanks

The developer is being pretty decent. He doesn't want to mess with going through city hearings, official surveys, etc. for 200 sq ft of land (the development required numerous variances to be approved in the first place). However, he said - put the fence back to the property line and he'll have an easement agreement written up to allow the garage to stay as long as it doesn't need to be replaced.
 
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nextwife

Senior Member
This is another example of why any permanent structure should only be built with benefit of a current survey. The owner who put in the fence and garage created the problem, not the builder.

"The developer is being pretty decent. He doesn't want to mess with going through city hearings, official surveys, etc. for 200 sq ft of land (the development required numerous variances to be approved in the first place). However, he said - put the fence back to the property line and he'll have an easement agreement written up to allow the garage to stay as long as it doesn't need to be replaced."

Then do as he asked and get your agreement.
 
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HomeGuru

Senior Member
philfuehrer said:
The developer is being pretty decent. He doesn't want to mess with going through city hearings, official surveys, etc. for 200 sq ft of land (the development required numerous variances to be approved in the first place). However, he said - put the fence back to the property line and he'll have an easement agreement written up to allow the garage to stay as long as it doesn't need to be replaced.
Click to expand...
**A: you did get this in writing from the decent developer right?
 
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