Shed on my property

[sprt8400]

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

I purchased a home back on July 24th, 2009 in Montgomery County PA, since we wanted to get a dog, we thought it would be best to have a privacy fence installed. The first thing I did was review my deed and clearly the dimensions indicated were much larger then what the neighbor had told me. As a result, I paid a surveyor to find the original property markers which confirmed my property was much larger, in fact the surveyor found my markers, as well as the markers for 3 properties on either side of my home which further confirmed the dimensions to the deed. Anyhow, this also identified the neighbors shed was >50% on my property......

Well being the nice guy I am and given my neighbor is retired, widowed, and elderly, I decided to let her keep the shed on my property and I would draft a letter stating removal of the shed would be required upon her death or sale of the home. This neighbor has been nothing but a serious headache and therefore I decided to wait before writing the letter to make it easier for me to change my mind....

After 4 months of her BS, I finally got fed up and decided I wanted her shed removed from my property. Luckily, my wife is a paralegal and familiar with the law jargon, so I had her draft a letter in which I sent to the neighbor via left on front door, certified mail, PO Box, and standard mail giving her 30 days to comply with shed removal (January 2010 deadline). I am now worried she will not sign for the certified letter, so I wanted to know my rights and what else I should do to ensure I get this shed removed. She is the type of person that will fight until the end, or at least try and call my bluff...I am also familiar with adverse possession and she can NOT claim this since the houses have been here since 1993 and adverse possession in PA is 21 years and will not apply here.

So I guess I am asking, should I hire a lawyer right away? what is my best option for moving forward? At this point I don't care to talk with her anymore and have written her off as a friendly neighbor.

Please advise

 

[drewguy]

Your options are to sue her to require her to move the shed or to move it yourself and then sue to recover the costs of moving it. Does it have a foundation?

 

[edmund_o]

Does she have the means of moving it.

I know this is the hard way, but does she have the means of getting it moved? She may be not have the resources to get it moved.

So maybe offer to move it for her. I know that could be a lot of work, but she may appreciete it and think better of the stituation. Try to think of her as your own wife or mom in later years.

After she says no, then procede with legal means. Even if it means fencing her shed in or fencing around it. For the time being.

 

[sprt8400]

Thanks for advise

She has a son that could move it, in fact most of the stuff in the shed belongs to him.....

I agree with edmund to treat her as my own wife or elderly mother, however I've done this on several occasions i.e. picked up grass clippings for her, ferterlized her yard at no cost, etc.... She just doesn't appreciate anything...

To give you an idea of what I am dealing with...
She told me that the fence was be beautiful, then told all the neighbors how ugly it was....maybe bi-polar?

Anyhow, I'm open to all and any advise here

 

[goddessoflubboc]

You've already apprised her every way possible that the shed needs to go by January. Presumably in the letter you included the specifics on how far over her shed is, etc.

After the time passes, if neither her son or her take any action or talk to you about it, then you need to move forward.

I would hesitate moving or removing the shed yourself because there are items in the shed belonging to them.

Your only further recourse is to sue her. There seems to be no chance at a positive relationship anyway, so the fence will probably be a good thing.

 

[drewguy]

She has a son that could move it, in fact most of the stuff in the shed belongs to him.....

Can you communicate directly with the son? Be respectful, but ask him if he can help out since it appears many of the things are his. Tell him you're trying to be amicable, but his mom isn't being cooperative and you do want the shed moved. "But of course I don't want to have to take legal action . . . " and so forth.

The problem you have is that since it's half on her land (or whatever it is) you can't just remove it. Because half of it is okay.