CurlyDave
Elite Member
But if the energy company, water company, etc need to get onto that easement, they can do whatever they need to whatever you've built on it.
I have always thought that they had even more power. If they need to get in, they can tell you to remove whatever you have built at your expense.
But, I am not a lawyer.
In many of these cases, some creative thinking is required.
The OP needs to see a lawyer, he might need to send a letter to "A" telling him to get off the property. OTOH, if he sends the letter and "A" ignores it, it is going to get expensive. Possibly more than the 20' strip of land is worth. And, at that point "A" is in adverse possesion. Maybe there is something he can do to prevent adverse possesion and avoid a fight.
I have a similar situation. I bought 40 acres, from someone who is still a neighbor and rapidly becomming a friend. Almost immediately one of the other neighbors told us that there were persistent rumors that the parcel wasn't really 40 acres.
Since what we wanted was privacy and a view sight, whether it is 35 or 40 acres doesn't bother me a whole lot, but it might make a difference to the county which requires a 40 acre parcel to build a house. So, we didn't have it surveyed. We just applied for the permit and it was issued based on the description in the deed. Now, if sometime after the house is built, we have it surveyed, and it is short, the house will be grandfathered in. But, if we never have it surveyed, we never have to deal with the problem.
I am still thinking about what to do, but may very well decide to wait many years to have a survey done, if ever. It would be shame to have an unnecessary fight.
I have always thought that they had even more power. If they need to get in, they can tell you to remove whatever you have built at your expense.
But, I am not a lawyer.
In many of these cases, some creative thinking is required.
The OP needs to see a lawyer, he might need to send a letter to "A" telling him to get off the property. OTOH, if he sends the letter and "A" ignores it, it is going to get expensive. Possibly more than the 20' strip of land is worth. And, at that point "A" is in adverse possesion. Maybe there is something he can do to prevent adverse possesion and avoid a fight.
I have a similar situation. I bought 40 acres, from someone who is still a neighbor and rapidly becomming a friend. Almost immediately one of the other neighbors told us that there were persistent rumors that the parcel wasn't really 40 acres.
Since what we wanted was privacy and a view sight, whether it is 35 or 40 acres doesn't bother me a whole lot, but it might make a difference to the county which requires a 40 acre parcel to build a house. So, we didn't have it surveyed. We just applied for the permit and it was issued based on the description in the deed. Now, if sometime after the house is built, we have it surveyed, and it is short, the house will be grandfathered in. But, if we never have it surveyed, we never have to deal with the problem.
I am still thinking about what to do, but may very well decide to wait many years to have a survey done, if ever. It would be shame to have an unnecessary fight.