Land survey shows.....

[softy515]

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

neighbors shed on 'our' property!

We (my father's estate) are selling one of his properties. It is a small lot with a mobile home on it. We have a buyer who just got the results of the land survey back. It shows the neighbors shed sits on our property by about 2 feet.

The buyer's attorney told me that we must contact the neighbor and arrange for them to move it. The attorney said if we make contact and they say they will move it within a reasonable time frame, we can continue on with settlement.

How best to proceed? If the neighbor's agree to moving the shed, should we get it in writing? Dumb question, of course we should. What if they don't move it as agreed, will we somehow be liable with the future owner, who at that point would own it?

Thanks again!

 

[tranquility]

It would depend on what you disclosed/represented to them.

 

[softy515]

The contract stated 'as is'. We are not aware of many things related the condition of the trailer. Would 'as is' cover this shed issue?

 

[HomeGuru]

The contract stated 'as is'. We are not aware of many things related the condition of the trailer. Would 'as is' cover this shed issue?

**A: no it would not. You would need the Buyer to specifically agree to the encroachment of the trailer or removal of it off of the subject property.

 

[softy515]

How is it best to deal with the neighbors and the shed? Give them a time limit? I assume they will want proof so should I send them a copy of the land survey with the request they move it?

I still find it very hard to believe that it is 2 feet into our lot. These lots are only 40x50 to begin with. Put a trailer on it that is at least 12 feet wide, 35 feet long..... and I believe the neighbors trailer is even wider. And most the time, the trailer sits as close to the property line as it can.

How likely is it that the land survey is wrong? lol

 

[tranquility]

An estate tends to not give a warranty deed because it cannot make all the representations such a deed requires. However, that does not mean the executor can paper around not disclosing known problems with some "as is" rubbish.

Ask the estate's attorney for advice on handling the trespass. You may have lost the land, depending on how long the shed was there. So, without a lot more facts, no one can advise the best course.

 

[softy515]

Ok, we have our estate attorney here in PA, the property in question is in Maryland. We have used an attorney in MD also so do you think we should use him in this situation or the PA guy? Because I just talked to the PA guy about something else and he is out of the office for the next week.

I am not sure the buyer can wait that long for something to happen. I have a feeling we are going to lose him if we can't make this happen.

 

[softy515]

That shed could have been there for a very long time! What do you think the time limit is for such a thing?

I know my Dad bought that property in the early 1990's. Would he have been required to have a land survey done?

 

[HomeGuru]

Ok, we have our estate attorney here in PA, the property in question is in Maryland. We have used an attorney in MD also so do you think we should use him in this situation or the PA guy? Because I just talked to the PA guy about something else and he is out of the office for the next week.

I am not sure the buyer can wait that long for something to happen. I have a feeling we are going to lose him if we can't make this happen.

**A: Use the MD attorney.

 

[softy515]

Update:

Finally got the land survey in the mail, called the neighbor. She said they had a survey done when they bought it and the shed IS on their property. She then called back and basically said they won't move it.

So two survey's show two different property lines.

NOW WHAT? This whole process is making me want to drink heavily!

BTW, the weird thing is, I could swear that the man who did the new survey said he found the original markers. So how could that be????

And that got me to thinking.... MAYBE the lady is lying about the shed always being there, perhaps they bumped it over at some point.

Sigh. Suggestions?

 

[tranquility]

If you're confident of the survey, disclose it to the neighbor in a letter. Tell him you are ending any licenses granted to have the shed remain on your land. Say that he has until such and such a date to remove any property he claims from the shed because you are going to destroy it after that date.

Send it certified.

See what happens.

 

[softy515]

That sounds very ruthless. lol

I just spoke with the buyer and they are wanting to settle so will 'sign off'. Not sure what that means, if it means it won't be my problem, but will be theirs. I think they will be shooting themselves in the foot to let it go because eventually THEY Might want to sell. OR they will die and their kids want to sell.

Personally if I was buying it, it would have to be moved.

I like your suggestion Tranquility, but if they don't care, so be it.

 

[HomeGuru]

That sounds very ruthless. lol

I just spoke with the buyer and they are wanting to settle so will 'sign off'. Not sure what that means, if it means it won't be my problem, but will be theirs. I think they will be shooting themselves in the foot to let it go because eventually THEY Might want to sell. OR they will die and their kids want to sell.

Personally if I was buying it, it would have to be moved.

I like your suggestion Tranquility, but if they don't care, so be it.

**A: ask the neighbor for a copy of their survey and then compare. Have your surveyor take a look.

 

[softy515]

Update: it is gonna have to be resolved before settlement.

So going to try to get a copy of their survey, talked to our attorney who is going at it from the county angle (?), talked to the management of the community we are located in (HOA) because this is a violation of the Codes/Rules they establish. Between all that, these people will have a fight if they don't agree to move. Unless of course, the newest survey is wrong.

We will see how it goes. I really just want to settle this property and move on!!!

 

[HomeGuru]

Update: it is gonna have to be resolved before settlement.

So going to try to get a copy of their survey, talked to our attorney who is going at it from the county angle (?), talked to the management of the community we are located in (HOA) because this is a violation of the Codes/Rules they establish. Between all that, these people will have a fight if they don't agree to move. Unless of course, the newest survey is wrong.

We will see how it goes. I really just want to settle this property and move on!!!

**A: ok thanks.