Land encroachment

[DrDog]

What is the name of your state? North Carolina

My two brothers and I recently inherited a undeveloped, undivided tract of land. Upon completion of the survey of this tract we discovered an adjoining property owner in an established development had encroached on our property with landscaping, a driveway, lamp posts, underground irrigation and an above ground gasoline tank with pump. Approximately 2000 sq. ft. of land has been encroached upon. We have approached the home owner with an offer to sell this parcel of land and thought we had a settlement but now the home owner is trying to renegotiate the selling price. The home owner has removed the gasoline tank but nothing else. We are trying to keep this case out of the courts. If the home owner refuses our final offer can we legally remove the encroachment ourselves ( concrete saws, hired labor etc...) and then sue for damages later if desired?

 

[HomeGuru]

What is the name of your state? North Carolina

My two brothers and I recently inherited a undeveloped, undivided tract of land. Upon completion of the survey of this tract we discovered an adjoining property owner in an established development had encroached on our property with landscaping, a driveway, lamp posts, underground irrigation and an above ground gasoline tank with pump. Approximately 2000 sq. ft. of land has been encroached upon. We have approached the home owner with an offer to sell this parcel of land and thought we had a settlement but now the home owner is trying to renegotiate the selling price. The home owner has removed the gasoline tank but nothing else. We are trying to keep this case out of the courts. If the home owner refuses our final offer can we legally remove the encroachment ourselves ( concrete saws, hired labor etc...) and then sue for damages later if desired?

**A: yes you can..........but be carefull since the courts will ask wgy you did not sue to have the owner restore.

 

[Florid-aise]

It cannot hurt under this scenario to be mindful of the fact that although YOU may wish to keep it out of the courts, your encroaching neighbor may not have that identical mindset.

If there has been sufficient hurdles jumped, and threshold requirements met, your encroaching neighbor may have a claim of adverse possession. Begin NOW researching this possibility, in order to prepare to defend such a claim if presented.

 

[seniorjudge]

What is the name of your state? North Carolina

My two brothers and I recently inherited a undeveloped, undivided tract of land. Upon completion of the survey of this tract we discovered an adjoining property owner in an established development had encroached on our property with landscaping, a driveway, lamp posts, underground irrigation and an above ground gasoline tank with pump. Approximately 2000 sq. ft. of land has been encroached upon. We have approached the home owner with an offer to sell this parcel of land and thought we had a settlement but now the home owner is trying to renegotiate the selling price. The home owner has removed the gasoline tank but nothing else. We are trying to keep this case out of the courts. If the home owner refuses our final offer can we legally remove the encroachment ourselves ( concrete saws, hired labor etc...) and then sue for damages later if desired?

Do your best to get this sold.

If you cannot, then have your attorney send this guy a certified mail return receipt requested letter stating that you will clear your land on a date 30 days (or however long) hence and he should be getting his stuff off.

Will this work?

I don't know. Post back with results.

 

[DrDog]

Thank you all for the advise. Not being of the legal profession, I would like for someone to explain Adverse Possession. My brothers and I are seeking legal counsel on this matter. I am trying to prepare myself for this legal meeting.
Once again thank you for your assistance.

 

[seniorjudge]

http://www.aoc.state.nc.us/www/public/coa/opinions/2002/011457-1.htm

http://real-estate-law.freeadvice.com/adverse_possession.htm

WHAT IS ADVERSE POSSESSION?
What is adverse possession - legal answers at FreeAdvice.com's real estate law section

Traditional common law provided a method for someone to obtain title to land through use. The common law rules for adverse possession have been codified under both federal and state statutes. A typical statute allows a person to get title to land from the actual owner simply by using the land, out in the open for all to see. For example, your neighbor built a fence on your land with the intention of taking the property, paid property taxes, and you knew about it but did nothing. If this continued for a period of time set by state law, your neighbor may be able to claim this property as his/her own. The theory is that, by not disputing your neighbor’s use of your property through a lawsuit, you, as the actual owner have abandoned your rights to the property. There are several elements needed for adverse possession to result in title:

The length of time required for adverse possession in title varies - it could be as short as a few years or could run for twenty years or more. Typically public entities must establish a longer period of possession than individuals. Some states have adopted a rule which requires the adverse possessor to pay taxes each year on the land.

The possession must be open for all to see.

The possession must be exclusive to him or her (e.g., the fence in the above example, a driveway, road, etc.)

The possession must be hostile to the actual owner of the land.

To gain title to land through adverse possession requires strict compliance with the law, but can have dramatic impact upon land ownership rights.

An encroachment could result in title to your property being transferred to an adverse possessor. Under these circumstances, you might have to bring a lawsuit for trespass in order to prevent your neighbor from getting title to your land through adverse possession.

If you own land, it is important that you do not "sleep on your rights" since you could lose ownership of the land.