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And so the home building problems continue...

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Originally posted by: dullard
My thoughts.
1) You want to stay on good terms. If you have an angry neighbor, you'll be miserable for years. He is already showing that he is being a dick, so you know that a bad neighbor is a definite possibility.

2) From your 2nd picture, it looks like that little piece of property is useless to you and quite useful to him. The best bet is to see if you can sell it to him.

3) Thus, combining #1 and #2, don't try to screw him. Let this rude gesture on his part slide for now. Attempt to sell him the property at a fair value (don't screw yourself by being a pushover and don't frustrate this issue more by trying to overprice it).

4) Don't wait on this issue. That'll keep problems minimal down the line and it'll show that you aren't going to be a pushover.

5) Good luck.
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I'd be hella pissed at the guy but am going to agree that in order to save yourself tons of conflict with the neighbor in the future, I'd just sell that little piece off to him since it's of no use to use anyways.
 
Another thing you might do ... make resolution of this issue a condition of buying the property and make it the builder's problem. It already is in a way, since, as you said, you could run into problems closing on the property with such an encumberance.
 
Originally posted by: Lonyo
Build a big ass fence which cuts off his access to the shed.
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Or tell the builder he gets no money until the property is all corrected and you won't be paying for a new survey.

 
Originally posted by: JDMnAR1
That was right neighborly of him, building you a pretty new shed like that and you not even moved in yet. 😀
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:thumbsup:

Looks like a perfect place to set up your surveilence activities of said neighbor😀
 
First, you need to question what the land is actually worth to you. It appears to be in his back yard where his snotty kids jump around on their toys. You need to confront him about it and ask why he built it across the property line like that....don't get upset. From the grade of the hill, he might as well keep it there. Just be sure to let him know that he's overstepped his bounds and the law.

Then it's up to you whether or not you want to make him move it, sell him the land, or let him have it....if he covers the resurvey costs.
 
The subdivision is probably platted. Meaning all the lots are laid with specific lot lines. It may be difficult or impossible to sell a small peice of a lot.
 
IF someone did that to me i would ask him to move it within a set period of time. if not then do have the cops over and have them watch while you and friends drag it off your property.

don't worry about pissing him off. if you are nice on this he will find something else. He knows that it is NOT his property and yet build the shed there.

with the fact he can take the land after a few years you need to do everything in your power to keep that from happening.


I would be talking with a lawyer ASAP and get this delt with.
 
Originally posted by: weadjust
The subdivision is probably platted. Meaning all the lots are laid with specific lot lines. It may be difficult or impossible to sell a small peice of a lot.
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That's what I was thinking. In order to sell off a piece of the lot I think that they'll have to just move the boundary to the right of the shed. Meaning he won't just get a small triangle but will need to obtain the additional land from the road to the new marker.
 
Leave it entirely up to the builder. He needs to be the bad guy here, not you. I would suggest to the builder that I want my land as it is, and let him deal with all the moving of the shed, etc.
 
Originally posted by: skyking
Leave it entirely up to the builder. He needs to be the bad guy here, not you. I would suggest to the builder that I want my land as it is, and let him deal with all the moving of the shed, etc.
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yeah this is probably the best idea. get on the builders ass about this. if this has the posiblity of holding up the sale he darn well better clear it up.

because if he does not it will cost you money.
 
Getting the builder to deal with it is the best idea. You cannot purchase it from the builder while the shed remains, hence he needs to do something about it. If you are feeling generous you can ask the neighbor why he did it and inform him that it will have to be moved untill the property is legally his.

If your pissed off enough, ask him if he thinks theft is acceptable. =)
 
I don't get it. How is that an encroachment? The way I see it, you are buying a piece of property with a shed on it. Happens all the time. Unless the shed lies on both yours and his property....

And why is he being a jerk? He could have either asked you, or moved the shed a dozen feet. Personally, I would buy the land, them sell it to him with the "improvements." Shed like that is worth at least a few thousand....

I live in AK, so laws may be different. I had some friends with property at a popular lake. Their next door neighbor owned some land that was next to some military owned property. Well, the military wanted to build a cabin. They must have measured wrong and started building the cabin on HIS land. He didn't say a word...until they were finished. At that point he said "Thanks for the cabin!"
 
You may not need or want that property but you did buy it and who knows down the line if you decide to see it could be the deal maker for the next people. Hes already establishing hes going to be a dick neighbor no matter what because he went and stuck the shed there knowing full well what was going to happen. He prolly knows the law as you do and stuck that up there to mess with your closing in hopes you cave in. DONT. you bought and paid for it. he wants it bad enough make him pay silly money for it and if not have it removed. Thats your land bought and paid for and what he is doing is like a child licking a sucker and saying well I already licked it and my germs are on it so its mine now so now you have to give it to me.

I dont think what you do is going to matter is trying to establish he is the top dog in hopes you put your tail between your legs and sniff his ass.
 
Originally posted by: Demon-Xanth
Offer to give him it in exchange for the cost of the surveying and an equivilent section of land from his lot.
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give him the land? uh why?
 
Yeah, thats bull sh!t.

He obviously did it to try and steal the land (more or less) and from the looks of his yard he had PLENTY of other places to put it. If he hadn't put it up I would be willing to sell him the area he wanted, but since he DID do that, I would knock it down and then refuse to sell him the land. IMO if it's on YOUR LAND it's yours to do with as YOU see fit.
 
if you haven't closed on the property, it is still the builders land. if you have a closing date set in writing, the BUILDER, not you, needs to get the property ready or he will be in breach of contract.
 
As previously mentioned, if it's a platted subdivision, you can't just sell him a piece of a lot. Secondly, check the convenants -- there might be a shed (or any other building than the residence) restriction that limits the type and size of secondary buildings. It's probably fine, but worth checking out.
 
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