neighbor encroachment

D. Wasfaret · Nov 29, 2004

My neighbor built his lake home in the middle of my property. This became evident after having the property surveyed. This property is located in Minnesota. What are my rights at this point? Do I have the right to have this building moved off? What about posession is nine tenths of the law? Do I now have any rights to that home?

FarmerJ · Nov 29, 2004

You need to see a real estate atty now . the atty will review your survey and can advise you accordingly. you didnt mention how long it has been since the structure was built ?????????? btw if your down in the metro dialing area , I have seen the new phone books that are for the cities they really stink bad with incomplete listings they were much better when quest handled the phone book before they sold them off. you would be better off using this sites referal system to locate a real estate atty . good luck to you

HomeGuru · Nov 30, 2004

D. Wasfaret said:
My neighbor built his lake home in the middle of my property. This became evident after having the property surveyed. This property is located in Minnesota. What are my rights at this point? Do I have the right to have this building moved off? What about posession is nine tenths of the law? Do I now have any rights to that home?

**A: why did you allow the neighbor to do so?

nextwife · Nov 30, 2004

I'll never understand why these things even occur in the first place.

When one is spending money to build a lake home, wouldn't you presume they would properly survey and make certain of compliance with setback lines and that construction does not overlap easements? I KNOW that when the title companies act as the disbursing agent for the draws here (next door in WI), they REQUIRE a foundation survey at first or second draw to make certain that no further funds are paid until they verify foundation location is on the correct lot and placed where it does not violate setback lines and easements.

Penny wise pound foolish. So, they saved several hundred bucks by not using proper survey services, now I hope you are able to force them to move the house onto their own land.

Get a RE attorney. NOW! You will also need to obtain a survey establishing the location of the encroachment on YOUR land. They must be forced to remove the encroaching structure. Or buy you a comparable replacement lake lot! This was SO unnecessary.

FarmerJ · Dec 1, 2004

Nextw is correct , its hard to imagine it occuring especially in lake areas , WI is just as rigid as MN when it comes to new septic systems in watershed areas and there is a whole proccess where septic system design must be mapped out and shown where it will be on the property and how close it is to nieghboring lots and homes and where it will be in relationship to the house it self .

Florid-aise · Dec 2, 2004

nextwife said:
I'll never understand why these things even occur in the first place.

When one is spending money to build a lake home, wouldn't you presume they would properly survey and make certain of compliance with setback lines and that construction does not overlap easements? I KNOW that when the title companies act as the disbursing agent for the draws here (next door in WI), they REQUIRE a foundation survey at first or second draw to make certain that no further funds are paid until they verify foundation location is on the correct lot and placed where it does not violate setback lines and easements.

Penny wise pound foolish. So, they saved several hundred bucks by not using proper survey services, now I hope you are able to force them to move the house onto their own land.

Get a RE attorney. NOW! You will also need to obtain a survey establishing the location of the encroachment on YOUR land. They must be forced to remove the encroaching structure. Or buy you a comparable replacement lake lot! This was SO unnecessary.

Ditto! Ditto! Ditto!

Nextwife, being the consumate professional, cannot possibly imagine 100 drunk sailors on a ship at one time, and that ship actually reaching the correct port. But that is who builds your and my houses; by and large, drunk sailors.

Busy inspectors, "buddies of builders", there must be at least another hundred ways that this would and actually does happen. The truth is, when it does happen....act!

Best of luck.

neighbor encroachment

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D. Wasfaret

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