Land dispute - need help

[Jerry84]

Got a question for you guys.. Bought a piece of land with the neighbor encroaching on it on one side. He claims he's been occupying it for the last 18 years and he even built one side of his perimeter wall on the land. Any suggestions as to how I can get the land back??

[Strugglerzinc]

Got a question for you guys.. Bought a piece of land with the neighbor encroaching on it on one side. He claims he's been occupying it for the last 18 years and he even built one side of his perimeter wall on the land. Any suggestions as to how I can get the land back??

Did you think to have that rectified before you bought the land?

[Jerry84]

How to go about getting it rectified??

[badandy]

How to go about getting it rectified??

Seek some proper legal advice.

[MaxPower]

Give him it for christmas

[Jerry84]

Lol.. Only found out when I did the survey which was after I purchased the land.. Guess I may have to take that lost for not doing the proper way.

[ProtonPowder]

Adverse possession must be without the permission or refusal of the owner, among a few other important factors, but this is the most important.
If the previous owner never tell him yes or no, and he can reliably prove it was >16 years for private land, then he has an AP case.

Talk to a lawyer jed

[hong kong phooey]

Hoss it have men move in on land and after 3 months saying they there for 18 years
i suggest if you bought the land then you bought it with that structure and it is your property.
get your fencing material in place, come through and rip down his fence and put up your correct fence .
let him take you to court and by the time it gets settled you there more than 18 years .
them squatters are common thief and as far as i see it them should be treated as criminals

[hydroep]

Also, do a costing of how much you have really "lost" and weigh that against the potential legal fees, time and stress that will be spent fighting that in court.

It may or may not be worth it...

[hassanvoyeau]

Consider mediation (firstly) - http://www.mediationboard-tt.org/

[adnj]

....

[Pointman-IA]

Was an aerial survey done in the area within the time period claimed by the neighbour?

[Les Bain]

You could value the piece of land your neighbor occupying then hit up the previous land owner for a refund.

[rebound]

That is going to take forever and only the Lawyer wins.....you and the neighbour would be enemies for nothing......but if the amount of land is valuable enough, by all means fight.

[mero]

Always beneficial knowing some badman

[TheBoostLord]

I see people talking about matters taking years. This is no longer the case. My wife is a lawyer that works in a conveyancing firm and i hear stories all day long. Cases like this can hit court in a matter of months. Seek proper legal advice, there are options that you are unaware of OP.

[bluefete]

I saw what you did there!

I see people talking about matters taking years. This is no longer the case. My wife is a lawyer that works in a conveyancing firm and i hear stories all day long. Cases like this can hit court in a matter of months. Seek proper legal advice, there are options that you are unaware of OP.

[rebound]

....yup^^^^

[TheBoostLord]

lol i only now ketch

[88sins]

it have a few ways to approch it
1-figure out the value of the encroachment & tell him he hadda pay for it (be aware he not likely to be willing to do this)
2-if it's a chainlink fence ask him to move it so you can erect yours on the correct boundary, failing which you either let it go or move it yourself & put up the correct thing one time (note, moving it yourself would have some bacchanal, legal, allyuh cussin each other through the fence, gilpin pullin etc)
3-Take him to court for either the value of the encroachment or the land (you could get back the land if ytou really want it but that'd depend on if you have a witness in the area that willing to testify that he recently encroached on it)

hope u gt bai, if is one thing i cannot stand is a squatter/land teef

[Jerry84]

As far as my investigation goes, he encroached about 12 years now.. The new cadastral shows encroaching since 2006. The one in the deed was an old one. He has a perimeter wall now on the land and has made part his garage. The area occupied starts at approximately 11ft on front and tapers down to 5-6 feet on the end.. And this is along a length of 100ft which is a considerable amount

[brams112]

As far as my investigation goes, he encroached about 12 years now.. The new cadastral shows encroaching since 2006. The one in the deed was an old one. He has a perimeter wall now on the land and has made part his garage. The area occupied starts at approximately 11ft on front and tapers down to 5-6 feet on the end.. And this is along a length of 100ft which is a considerable amount

Pal just for your information a pre action protocol letter will cost around 2500 dollars,he will ignore or get is own lawyer,then it starts to escalate in cost,to go to high court is close to 20g just to start.I know because right now a guy is trying all kinds of low dodge on me for boundary line,thing is my boundry is correct,his survey proved me correct,he refused to accept the results still,so I have to spend money now in lawyer fees and this going on for years.He tried all kinds of sheit,now he is on adverse possession,my advise to you,either accept it as a learning experience and gain a free wall but loose a piece or spend money.

[ProtonPowder]

Google earth has historical satellite imagery.

It might be blurry and vague but it can help somewhat to determine when this supposed wall went down

[88sins]

Google earth has historical satellite imagery.

It might be blurry and vague but it can help somewhat to determine when this supposed wall went down

google earth came online in 2011, so it'd be helpful if the encroachment happened after that. But since it's about 12 years now he doing this...

[teems1]

Take a sledge to it. If he complains tell him haul his ass.

[rspann]

Cutlass is the best thing for dividing up land.

[The_Honourable]

OP you do it the long way which is legally... or you do dirty which is getting an excavator or backhoe and pull down the wall when he not home. He will take you to court, you have to pay for damages but at least the rebuilding will be on the legally established boundary.

Anyhow you take it, money have to spend.

[vaiostation]

Call some people that good at making people disappear. Then you can encroach on he land.
-Cheaper than getting a lawyer
-Less time wasted

[ProtonPowder]

The burden at the end of the day is on the encroacher to prove that he has been occupying it for such time adversely.

Does he have such proof?
From what you say, the wall is the only entity that is occupying part of your land. Therefore the wall itself has to be 18 years of age. Simply eyeing the empty land is not enough to claim that it is his.

Now, does the wall at least look like it is 18 years old? Moss, cracks, signs of ageing?

[88sins]

OP you do it the long way which is legally... or you do dirty which is getting an excavator or backhoe and pull down the wall when he not home. He will take you to court, you have to pay for damages but at least the rebuilding will be on the legally established boundary.

Anyhow you take it, money have to spend.

unastan
but when you look at it, it could actually cost up less to push it down and rebuild it on the correct boundary. If he wants it that badly he go hadda either get his own heavy equipment and do like OP, or take up to court for it.
either way he go hadda spend a chunk of change, and what I noticed about squatters and ppl that like to encroach on other ppl land is that they tend to be cheap as hell. they usually don't want to deal with incurring any form of expense for the land they want to occupy. i willing to bet if OP takes the not add o legal road these types not spending a dollar to go to court for it, or to move the wall op put up. especially if it gets pulled down and the new one goes up same time.