good guy

What is the name of your state (only U.S. law)? Michigan

The house next to mine went into forclosure. My problem is the the I had the land survayed and I own part of the deck and part of the dog kennel that is attached to the house. When I contacted the realator of the problem he told me that I may be forced to sell the lean holder enough of my property to right the situation. Can they make me sell my land or do I have any other options.What is the name of your state (only U.S. law)?

Bill1234 said:

What is the name of your state (only U.S. law)? Michigan

The house next to mine went into forclosure. My problem is the the I had the land survayed and I own part of the deck and part of the dog kennel that is attached to the house. When I contacted the realator of the problem he told me that I may be forced to sell the lean holder enough of my property to right the situation. Can they make me sell my land or do I have any other options.What is the name of your state (only U.S. law)?

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Talk to a lawyer instead. I would think it is more likely that they would have to move the deck and kennel.

DC

Yes, unless the deck and kennel have been there for a long time.

The Realtor is an idiot or a crook. If they are, in fact, a "Realtor", report their malfeasance to the NAR.

You can't be made to "sell" your property to a lien holder. An OWNER (rather than a lien holder) might have an action to get adverse possession or a prescriptive easement to the property, but this would seem to be EXTREMELY unlikely in this case. The fact that the previous owner had enjoyed use of your property doesn't convey over to the time limits for these things to the new owner. It's unlikely the other requirements for those actions are met either.

Don't bother with the realtor. Look up who the CURRENT owner of the property (you can find this out at the court house, or in some jurisdictions, on line). A lawyer can tell you your best strategy, but you could give them permissive use or you could demand the removal. Further, you *MIGHT* get some redress from the zoning/land use people if these structures were illegally built as non-conforming.

ron, you might do well to research Michigan and establishing a boundary by acquiescence. aka prescriptive easement but without the notorious part.

the commonly acknowledged boundary can be argued, and won, in court in many cases.

it is effectively an estoppel by silence.


but yes, definitely speak with an attorney.

I would tend to agree that the Realtor is an idiot.

FlyingRon said:

An OWNER (rather than a lien holder) might have an action to get adverse possession or a prescriptive easement to the property, but this would seem to be EXTREMELY unlikely in this case. The fact that the previous owner had enjoyed use of your property doesn't convey over to the time limits for these things to the new owner.

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1) adverse possession is 15 years in Michigan
2) "tacking" is allowed in Michigan, so changes in ownership shouldn't matter.

Perhaps you could go to the current owner being foreclosed on and ask him to sign an acknowledgment that he has permission for the deck (from you) but that you reserve the right to request he remove it at any time. If he's not a jerk, he should be willing to sign. What does he care? Pay him $50 for his troubles. Once you give him permission, the continuity is broken, and you also have a basis to demand the removal of the deck/kennel by the bank or subsequent owner.