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Existing Shed over line by 9 inches- do I have to move it?

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O

Odie

Junior Member
What is the name of your state?iowa

I had another posting here about moving survey pins, Found out who the surveyor was and called him up to clarify some distances.

The issue is that There is an existing shed on my property, and was told that the edge of it is the property line ( if you look at the pin from the edges, it appears correct)

Last year I added a deck and a hot tub, aligning them with the edge of the shed.

Now the son-in-law of the owner of this vacant land had a survey done, and found out that the shed is about 9 inches over the line (The surveyor put a pin in front of the shed, I measured 9 inches). and told me to move it

The shed has been there when I bought the place, and talking to some old timers, it has been there for a very long time.

I had no problem moving the deck back 1 foot (Which I have already done), and will be moving the hot tub once the ground thaws. But the shed is a different story, it would be more difficult to move. Besides, talking to the surveyor, there is a well on the other property, which is 3 inches on my property. and a big tree behide the shed which is on the propery line.

Someone told me that I do not have to move the shed as it was there more then 10 years is this true?


Thanks
 


B

BelizeBreeze

Senior Member
Odie said:
What is the name of your state?iowa

I had another posting here about moving survey pins, Found out who the surveyor was and called him up to clarify some distances.

The issue is that There is an existing shed on my property, and was told that the edge of it is the property line ( if you look at the pin from the edges, it appears correct)

Last year I added a deck and a hot tub, aligning them with the edge of the shed.

Now the son-in-law of the owner of this vacant land had a survey done, and found out that the shed is about 9 inches over the line (The surveyor put a pin in front of the shed, I measured 9 inches). and told me to move it

The shed has been there when I bought the place, and talking to some old timers, it has been there for a very long time.

I had no problem moving the deck back 1 foot (Which I have already done), and will be moving the hot tub once the ground thaws. But the shed is a different story, it would be more difficult to move. Besides, talking to the surveyor, there is a well on the other property, which is 3 inches on my property. and a big tree behide the shed which is on the propery line.

Someone told me that I do not have to move the shed as it was there more then 10 years is this true?


Thanks
Click to expand...
Tell you what, you go back to that 'someone' who is giving you legal advice, and ask them if they would be willing to pay your legal expenses if you follow their advice.

Because it's crap.

Yes, you have to move the shed. Plain and simple.

HOWEVER, if you can prove that the septic is on your land, even by an inch, then you have bargaining power. Tell the neighbor that you will be more than happy to move the shed when they move the septic tank and clean up the land contaminated by it.

OR, you both can sign a prescriptive easement allowing the other to encroach with what is already there but no new structures.
 
O

Odie

Junior Member
Actually, there appears to be a law that says that buildings over a certain age, which have not been contested, do not have to be moved (Adverse possession?). not sure what would be needed to enforce it.

But the second item you refered to is interesting, since there is some stuff on my property also ..... :rolleyes:

I most likely will end up moving the shed, but at some future time. But since there is a large tree behind the shed, don't see what would be gained by moving it.

This area is a vacation area on a lake, people should be interested in relaxing and having a good time, not causing doggy-doo over 9 inches!

Well, Atleast I moved my dog house back onto my property! :D
 
B

BelizeBreeze

Senior Member
adverse possession takes from 10 to 30 years to kick in and then ONLY if you conform to the requirements (i.e., open and notorious possession, paying taxes on the property and other use such as a stranger would think that you are the lawful owner).

And each and every time the property is sold, the time starts over.

Forget AD. It won't fly.
 
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