neighbor's deck on my property

[delanie]

My neighbor's deck is on my property. He is selling his house and has agreed to sign a letter stating that he has no claim to my property. How binding will the letter be to the new owner and how should it be worded?
thanks,
delanie, St. Louis,Missouri

 

[HomeGuru]

That letter would be useless.

 

[delanie]

what are my options? Would like to protect my boundries with the least disturbance to my neighbors.

 

[HomeGuru]

1. Do nothing and suffer the consequences.
2. Tell neighbor to move deck.

 

[delanie]

What are my chances of winning in court if they refuse to move the deck? The deck has been there for over 6 years. We moved in two years ago but just found out about the encroachment(we saw their survey). It wasn't on our survey.

[Edited by delanie on 06-20-2001 at 12:40 AM]

 

[HomeGuru]

If the deck is on your property, you win. But you must show proof via your own survey.