Adverse Possession

[ShawnaS]

What is the name of your state? MI

Some of you may remember my past threads about my lovely neighbor and my new well.

If not, we recently had a new well put in. It ended up being a huge mess with the neighbor that owns the vacant property that surrounds mine. Needless to say, we dont talk anymore.

My husband and I purchased our home from my father. We have owned it for a year, he owned it for 13-15. When we purchased the home, he stated that he has had many land surveys done and that the portion of the property mowed was what we owned. For some reason he never left the markers up, or they were taken out, Im not sure.

My neighbor is planning on selling her land. I came home today to find a land survey had been done. All the markers were neatly placed along the edges of my property, however my south line apparently curves inward, towards my house about 4 feet. We had it as a straight line. The property line conveniently runs 8" on the wrong side of my brand new well, placing it fully on her property.

What are my options? Can I claim adverse possession (which I dont WANT to take her land) or can I get a prescriptive easement?

Also, she has "no trespassing" signs posted since the whole well incident happened. Will I be held accountable if I cross the survey line even though I thought it was my land?

Another thing, when we first purchased the house, and to this day, there were markers about 10ft into the woods on the back sides of our property, my father said that those very well could be the survey markers (hes not always with it when it came to stuff like that, but you have to love him). How often are surveys wrong? Would it be worth having done to our land?

 

[lcannister]

You mean where you all went onto her property did damages and she wanted it fixed by someone other than your husband?

that those very well could be

Get the survey and go from there.

The property line conveniently runs 8" on the wrong side of my brand new well, placing it fully on her property.

Why do you say conveniently IF she has a valid survey?

When you get your survey done and it shows hers is right after the bitterness between you I would not expect a friend resolution at all.

Just curious why did you dig a well that close to the property line without a current survey?

thought it was my land

I do not think the law is based on "thought". I would think in this case that you just trespassed and dug a well on someone elses property and looking for a cheap way out. IF and ONLY IF her survey is correct.

 

[LindaP777]

The property line conveniently runs 8" on the wrong side of my brand new well, placing it fully on her property.

OMG! You dug a well that close to the property line w/o a survey? You better get one of your own (yes, it can be wrong) and hope that your new well is not on her land.

 

[seniorjudge]

You are trespassing and the one in the wrong here.

 

[ShawnaS]

Yes my husband gave the driller permission to drill that close to the line. The problem we were having is the side yard is only about 50 feet wide (where we HAD to have the well put in) The driller tried drilling close to the house, it flooded our basement, so he said it had to be farther away. He couldnt go to the side (east or west) because our house is long and narrow, so he went farther (south) away. We didnt have a choice, at least the driller didnt give us one anyway so my husband told him where the line was and he drilled the well.

I dont see how it is trespassing if we thought it was our land to begin with.

I dont want to try the Adverse Possession route, I dont agree with it by any means, I just dont know what options we have. We are more than willing to BUY the land but I dont think she would be willing to sell it even though she is selling her 5 acre lot.

 

[justalayman]

I dont see how it is trespassing if we thought it was our land to begin with.

.

Let's see, what is that old line:

Oh, ya, ignorance of the law is not a defense.

You may not have been intentionally trespassing but that does not change the fact that you were, if in fact you were trespassing.

I dont want to try the Adverse Possession route,

It may not be available to you. There are requisite actions ans failure of actions that must take place for a claim of prescriptive easement or taking of title by adverse possession. Regardless, if you want to attempt to go that route, you will need to file a suit to quiet title and the judge will make the call.

How much is the property? It might be worth it to buy it rather than try to win the hard way.

I also would avoid PO'ing the neighbor right about now. If she is as nasty as you claim, she might just turn off your well, I mean her well that just happens to supply your house.

 

[lcannister]

I also would avoid PO'ing the neighbor right about now.

To late they did that the last time they trespassed on the neighbors property in order to get to the spot to drill the well!

Curious though using what reasoning could you claim adverse possession for what was just recently done and you had a well dug on her property, IF it is her property.

 

[justalayman]

To late they did that the last time they trespassed on the neighbors property in order to get to the spot to drill the well!

Curious though using what reasoning could you claim adverse possession for what was just recently done and you had a well dug on her property, IF it is her property.

well, (no pun intended) I meant do not PO the neighbor again or more (if that is possible)

It would seem the AP or PE claim would deerive from dad stating the placement of the property line and maintianing what may have been the neighbors property.

My husband and I purchased our home from my father. We have owned it for a year, he owned it for 13-15. When we purchased the home, he stated that he has had many land surveys done and that the portion of the property mowed was what we owned. For some reason he never left the markers up, or they were taken out, Im not sure.