do I own my garage? and the land?

[todd_norton]

What is the name of your state? Kentucky

My wife and I recently purchased our first house. At the back of our 52x119 lot is a old garage that is at least 50 years old. We have a driveway that runs between our neighbors house and our house that leads to the building. The building, apparently, has been shared with the neighbor at different points in the past. There is nothing is writing, and had not been shared for at least the last two years.

Our neighbor's lot is about 15 wider in the back as it in the front. When crunching the numbers we realize that our lot probably is not square, or even close to it. Our neighbor says that the garge is on her land and she wants to reclaim that land.

I told her that I think adverse possession makes the building mine, and her land becomes mine. She thinks that adverse possession does not play into this situation since the building has been shared in the past.

I don't want to share the building, nor do I want it torn and given to her. If she takes 15 feet of my land I'll probably have to take 15 feet of my other neighbors land to get a back yard. (I'm pretty sure his fence is not right either).

any thoughts?

 

[nextwife]

Get a survey so you KNOW where your lot line lies. And review your title policy to determine if there is any recorded agreement to share.

 

[todd_norton]

I'll get a survey if I have to...but let's assume right now that my garage is on at least some of her property according to the deeds and survey.

There is no written agreement about the building.

 

[nextwife]

If your structure is encroaching on her land, you may very well have to relocate it (or build a replacement) that does not encroach. This would have been better handled PRIOR to the purchase, you could have made closing contingent on the seller obtaining a satisfactory agreement with the neighbor allowing the structure to remain. Or buying the land on which it encroached.

What did your attorney advise you to do?

 

[todd_norton]

If I thought this building was an issue when I purchased my house I would have dealt with it. According to my deed my property is a square. However, after pulling both of my neighbors' deeds, I realized that it wasn't.

I don't want to tear down my building. I don't want to move it. I asked about adverse possession...so if you want to respond you can respond to that part of my post and not tell me I should have taken care of this before I purchased the land.

 

[HomeGuru]

Due diligence means getting a survey. building permit and zoning info, inspections etc. all BEFORE you close.