Encroachment Advice Needed

[SuperDuty335]

This isn't a case for adverse possession (...requires 21+ years of open and obvious encroachment, use, etc, etc.) Generally speaking, the new berm will now be yours. This may get tricky, however, since this all happened before you technically owned the property and here is why: Had you owned this property all along you could easily sue (relatively speaking) for something like 3x the value of the trees destroyed outside the buffer and for other damages/losses/etc. When the property is officially deeded in your name it's like saying you accept the property and whatever condition it is in, including the encroachment. It may be that you can't force the county to act one way or the other once the property is yours. (This is purely speculation because in my experience real estate law is on a case by case basis and seldom follows what "the book says") A previous post had the best solution, IMO, of requiring the seller/owner to resolve the issue before the transaction is finalized. I deal with encroachments all the time but in a completely different state so talk with an attorney ASAP.

 

[jimmyj]

A lot of good tips and comments.

I'd talk to a lawyer for sure. Also, I'd make the new survey very conspicuous with a couple of great big orange markers with ribbons tied to them.

I think it would be reasonable to talk to the county, there is no reason to assume they'd be nasty. They may even help with a fence or something.

Good luck, let us know what happens.

 

[MarkV]

In that I also live in rural Georgia I believe I would take the good neighbor approach before I made enemies with the county. Rural good old boy systems have long memories. It seems to me there are two surveys, when the original owner gave the property away and the one you just did, that show the berm was placed incorrectly. After you close go in and say it looks as if someone got mixed up and moved on to what is now my property by accident. Odds are it will be corrected and an apology offered or they need the property and will offer to buy. You can say yes or no.

Adverse possession, no way, it has only been going on for 6 to 9 months. As to owing you for trees, soil damage, ect., well it wasn't your land so how could they owe you. You bought property without those trees you bought a berm in that area. Getting the state involved, I'd give it some time, again I would not want to be the county's enemy as soon as I bought a piece of property. If I understand correctly you don't even see this area from your house. The goal is to make sure everyone knows where the property line is and their operation stays on their side of the line.

Congratulations on the new property and private road. Sounds like a great opportunity for you.

MarkV

 

[Dargo]

As others have stated, laws on property rights vary by state. I own several different parcels of property ranging from 5 1/2" acres to about 200 acres. I'm closing on an old farm house with some property within a month. Each and every piece of property share the same problem; I have adjoining property owners encroaching over onto property I own. It's a real PIA! Ever single person using my land as their own wants to argue about the issue. Even when presented with proof the still want to argue and claim the surveys are wrong. Even the property I'm looking to buy within the month has 3 different neighbors who have taken over anywhere from 10' to 60' of property that isn't theirs.

Personally I just don't get that. Every fence I've put up has been a minimum of 5' inside my property line. My theory on that is that it leaves me room on the outside of my fence to be able to travel and make fence repairs etc. if/when needed. It amazes me that it's so common for others to want to take over property that isn't theirs. I've had my attorneys send letters to people on my property and they generally still want to fight and force me to take them to court. It really gets nasty at times. Some issues I feel I'm forced to move on and do whatever I have to do to make things right. Other issues aren't worth pursuing at the moment. In Indiana it is correct that the person has to have been paying taxes on the property for XX number of years and meet several other stipulations to claim adverse possession of property. On a larger parcel I own I had someone trying to take about 20 acres of mine for their own. I had to stop that immediately. I hired someone to doze the fence they put up, deposit the waste of it on their land, and dig a trench just inside my property that couldn't be crossed even with a tractor unless they used a backhoe to fix an area. I also sent them a certified letter from my attorney with a copy of a recent survey and explaining that 'for now' I wasn't interested in pursuing legal issues but if they moved onto my land again that I would not only pursue the matter in court but would demand restitution for expenses incurred. They apologized and I haven't heard from them since. I'm not looking forward to having to go after people who are well over on the land I'm purchasing. It's never fun, but it's something you have to do at times. Good luck.

 

[LBrown59]

As others have stated, laws on property rights vary by from 5 1/2" acres to about 200 acres. I'm closing proof the still want to argue and claim the surveys are wrong. Even the property I'm looking to
It amazes me that it's so common for others to want to take over property that isn't theirs.

Personally get that. Every fence I've put up has been a minimum of 5' inside my property and they generally still want to fight and force times. Good luck.

Me too it's just unbelievable!

 

[two_bit_score]

A lot of good tips and comments.

I'd talk to a lawyer for sure. Also, I'd make the new survey very conspicuous with a couple of great big orange markers with ribbons tied to them.

I think it would be reasonable to talk to the county, there is no reason to assume they'd be nasty. They may even help with a fence or something.

Good luck, let us know what happens.

You always catch more flies with sugar.........