I'm usually a fairly reasonable person but I have to think this isn't very neighborly. Two months ago we contracted a local builder to build us a house in their new development. Briefly spoke with the neighbor while we were looking at the land and he said part of our property was making up his backyard and he would like to talk to us about fencing it in if we decided to build. So right after we started to build a few weeks ago I notice a shed pop up in his backyard near what I believe is our land. So I contacted the sales rep and he confirmed that it was on our land and that they'd resurvey the lots etc, ask the neighbor to move the shed and that the neighbor had expressed interest in purchasing the land from us.
When we first started building I was considering just giving him the land and let him pay for the re-survey but now I'm not so sure. He knew exactly where the property line was and even told us he wanted that land. Now by putting up a shed on our future property he jeopardizes my closing since I can't obtain title to land that has an encroachment on it. Plus, In PA there is a law called adverse possession where if you maintain a piece of property for 7 years and no one claims it then you essentially own that land.
I don't want to squabble over an insignificant piece of land but this is just ticking me off. So do I just grant him access to the land, sell it to him at a reduced/increased price or call the boys from Deliverance over, pull that shed down and throw a bonfire party?
Cliffs:
1) Future neighbor told us he wanted part of our land
2) Neighbor knew property boundaries and placed shed on the land without asking anyone
3) The encroachment will prevent me from obtaining clear title on the land
4) Encroachment could also harm future sale of property
5) Neighbor was told to move shed over a week ago but hasn't moved it.
6) Sell him the land, grant him access, or burn that sucker down!?!!
Pics:
Neighbor & Shed
Property Line
Shed Closeup
Update:
Talked to developer and he said that he thinks a sliver of land such as that would be worth $4000 to $5000. And he offered to let us use his surveyor for free after I close to split up the land.
Update:
Talked with the neighbor to see what the deal was. He told me that the builder told him that I didn't really care about the land so he decided that if I didn't care that I wouldn't mind if he put up a shed up. When I told him that he'll need to move it in order for us to close he said he didn't have a problem with that (no sh!t) but that he wanted to move it back to the same spot "if it was ok with me". I told him that I won't have an encroachment on my land for legal issues and the fact that it could interfere with my selling the land down the road. He said he "understood and that if we have to we might be able to figure out some sort of compensation" but danced around the issue about purchasing the piece of land from me.
When we first started building I was considering just giving him the land and let him pay for the re-survey but now I'm not so sure. He knew exactly where the property line was and even told us he wanted that land. Now by putting up a shed on our future property he jeopardizes my closing since I can't obtain title to land that has an encroachment on it. Plus, In PA there is a law called adverse possession where if you maintain a piece of property for 7 years and no one claims it then you essentially own that land.
I don't want to squabble over an insignificant piece of land but this is just ticking me off. So do I just grant him access to the land, sell it to him at a reduced/increased price or call the boys from Deliverance over, pull that shed down and throw a bonfire party?
Cliffs:
1) Future neighbor told us he wanted part of our land
2) Neighbor knew property boundaries and placed shed on the land without asking anyone
3) The encroachment will prevent me from obtaining clear title on the land
4) Encroachment could also harm future sale of property
5) Neighbor was told to move shed over a week ago but hasn't moved it.
6) Sell him the land, grant him access, or burn that sucker down!?!!
Pics:
Neighbor & Shed
Property Line
Shed Closeup
Update:
Talked to developer and he said that he thinks a sliver of land such as that would be worth $4000 to $5000. And he offered to let us use his surveyor for free after I close to split up the land.
Update:
Talked with the neighbor to see what the deal was. He told me that the builder told him that I didn't really care about the land so he decided that if I didn't care that I wouldn't mind if he put up a shed up. When I told him that he'll need to move it in order for us to close he said he didn't have a problem with that (no sh!t) but that he wanted to move it back to the same spot "if it was ok with me". I told him that I won't have an encroachment on my land for legal issues and the fact that it could interfere with my selling the land down the road. He said he "understood and that if we have to we might be able to figure out some sort of compensation" but danced around the issue about purchasing the piece of land from me.
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