Just tell him that you were planning to sell him that piece of land for X dollars because it is of no use to you, but since he decided to be a dickhead, you now require Y dollars (with Y=way more than X).
The best way for you to deal with this is to stay out of it. The builder has an obligation to deliver the property without any undue leans or encroachments. Tell the builder to have his lawyer contact the neighbor to move the shed with understanding that after the sale of the property you may be willing to sell the peice to him. This may not be as easy as you think. You will have to pay to have your property subdivided then sell him the subdivision. If you talk to him tell him it is a legal thing but that once the property is yours you would be willing to sell it.
- Aug 23, 2003
- 25,375
- 142
- 116
Don't be your neighbor's lapdog. What you do now will set the tone for a long time.
Build the fence exactly on the property line, but let him know when and where you are doing it. DO NOT sell him the land (simply a matter of principle, he obviously wants to force your hand and you shouldn't let him).
If he moves the shed before the fence goes up, fine. If he doesn't, you got a shed for free.
And just to cover your legal bases, when you tell the guy that you're going to build the fence, make sure you send him the notification via certified mail (doesn't matter that he's right next door).
Build the fence exactly on the property line, but let him know when and where you are doing it. DO NOT sell him the land (simply a matter of principle, he obviously wants to force your hand and you shouldn't let him).
If he moves the shed before the fence goes up, fine. If he doesn't, you got a shed for free.
And just to cover your legal bases, when you tell the guy that you're going to build the fence, make sure you send him the notification via certified mail (doesn't matter that he's right next door).
where tell the builder to crush the shed or destroy it. Neighbor can't get upset at you because you didnt do it, the builder did.
waggy
No Lifer
- Dec 14, 2000
- 68,143
- 10
- 81
yeah i do not understand the people saying be nice to him. Why? the guy knew it was not his property and is trying to steal it.
if you plan on building a shed just go build it. if he does nto move the shed TFB (though i would make sure it is legal to keep it, if not push it over off your property).
but since you do not own it yet have the builder get his ass in gear and get it off. if the sale falls thorugh you and the builder are going to lose money.
He put the shed up with those property stakes right there in front of it?
Screw him, he needs to either purchase the land or move the shed....end of story.
Screw him, he needs to either purchase the land or move the shed....end of story.
Many people here are not very versed in RE law.
The builder has all legal responsibility to take care of this little problem. You don't own the title to the land, nor does your future neighbor, the builder does. The land was already legally surveyed by a state licensed surveyor and staked off.
The neighbor has not had reasonable ownership of that piece of land for anywhere near the time constraints for him to annex the land with an encroachment. If you and Mr. neighbor were to meet in court, he wouldn't stand a chance, and he would also be liable for any monetary losses you incurred (interest payments on a loan, bank/developer penalties, municipal fees etc) due to him clearly encroaching on your land with malicious intent. If it comes down to it you will beat him in court and could easily sue him for all damages and costs incurred, he really has no ground to stand on. Though that would take much too long and be a huge pain in the ass.
Realistically you should try and reason with him, which doesn't seem likely, or have the developer handle this. Either way you know you're going to have a bad neighbor.
The builder has all legal responsibility to take care of this little problem. You don't own the title to the land, nor does your future neighbor, the builder does. The land was already legally surveyed by a state licensed surveyor and staked off.
The neighbor has not had reasonable ownership of that piece of land for anywhere near the time constraints for him to annex the land with an encroachment. If you and Mr. neighbor were to meet in court, he wouldn't stand a chance, and he would also be liable for any monetary losses you incurred (interest payments on a loan, bank/developer penalties, municipal fees etc) due to him clearly encroaching on your land with malicious intent. If it comes down to it you will beat him in court and could easily sue him for all damages and costs incurred, he really has no ground to stand on. Though that would take much too long and be a huge pain in the ass.
Realistically you should try and reason with him, which doesn't seem likely, or have the developer handle this. Either way you know you're going to have a bad neighbor.
You could ask the builder to "level" that hillside for you as a condition of closing, that way the hillside suddenly dissappears with the shed. and then that land becomes usable to you.
I would give him that little corner of flat land his shed is on and call it a day...if he is willing to pay all the necessary fees to transfer it. That little piece is not worth the hassle of creating a bad relationship with someone you may live near for many years. At least you will know you are on his good side then.
funboy6942
Lifer
- Nov 13, 2001
- 15,368
- 418
- 126
On his good side by what, the douche went and stuck up something on property that isnt his and is clearly saying he wants on the OP's bad side. If there were sides to be drawn the guy could of waited as the op asked and then the op could of been the good guy. I dint think just giving him that land is going to stop right there. He just gives it to him and that guy will end up doing what he want when he wants and by the OP caving in knows the OP is a pussy and he can get away with it.
If they guy wasnt being a dick he could of waited or atleast asked hey negibor would you mind if I stick this here. I see it would clearly not be on my property but jsut thought I would ask.
Did he do that??? NO. He bacicaly saud FU negibor its mine no matter how the OP felt or what was going down with the closing.
I sure wouldnt be the good neighbor right now but pissed off wheres my blowtorch at right now fvck you neighbor I told you to wait your fvcking ass. If he wanted that little patch he could of bought it at his closing and made the deal. It obviosly looks better on his side then yours but right now the game is on and he done brought it. Its up to on how the game is going to end.
Tell him that he can have the property after closing, but only if you get to bone his wife a few times. That'll establish a good relationship with your neighbor. Remember, you don't have to get along, you only have to live a few yards from each other.
waggy
No Lifer
- Dec 14, 2000
- 68,143
- 10
- 81
yeap the guy blew the chance of being nice. he put it on the property knowing full well it was not his property. h just does not give a crap. how the OP deals with this (odds are he won't. since it is the developers problem not his) sets the tone for the future. teh naighbore already showed he has no respect for him.
I'm no lawyer, but a common sense approach to this would be:
The developer owns the land. The developer mysteriously gained a shed that they can't remember paying for. The developer should move construction equipment into it, and then when work is done, either pick it up and throw it on a flatbed (if it's one of those semi-portables), or knock it over (if it's a permanent), or sell it to you as value add.
The developer owns the land. The developer mysteriously gained a shed that they can't remember paying for. The developer should move construction equipment into it, and then when work is done, either pick it up and throw it on a flatbed (if it's one of those semi-portables), or knock it over (if it's a permanent), or sell it to you as value add.
Dont sell that land. Keep it. You will kick yourself years from now. That extra land will help a lot as land becomes scarce and you want to sell your house. Or you decide you want more land.
And the worse thing is you have to worry about what he might put on that land! He might build some big eye sore or use it to dump his leaves and grass. Who knows. Dont sell it though.
And the worse thing is you have to worry about what he might put on that land! He might build some big eye sore or use it to dump his leaves and grass. Who knows. Dont sell it though.
Don't give up the land. That's going to be a sweet sledding hill in the winter and it's all yours baby.
DrPizza
Administrator Elite Member Goat Whisperer
It probably depends on the location, but I thought the transfer of a small part of land is a huge pita - new survey needed, etc. (although, only a partial survey or something like that)... It's not a simple matter of "here you go, give me $500" - the change has to be appropriately filed with the county or whatever agency, etc.
Now, with your law, if you allow him to use that little hunk of land, it sounds like it becomes his property by default in 7 years?? So, don't let him. Simplest thing to say: "Sorry, no." He's got plenty of space to put that shed in, but wants it as far away from his house as possible. In the event that he becomes a neighbor who you despise, put up the ugliest little shed that's ever existed right on that exact spot.
Now, with your law, if you allow him to use that little hunk of land, it sounds like it becomes his property by default in 7 years?? So, don't let him. Simplest thing to say: "Sorry, no." He's got plenty of space to put that shed in, but wants it as far away from his house as possible. In the event that he becomes a neighbor who you despise, put up the ugliest little shed that's ever existed right on that exact spot.
Preyhunter
Golden Member
- Nov 9, 1999
- 1,774
- 12
- 81
Can the developer level the land along the property line and put in a retaining wall along the area where earth has been removed? That would solve multiple problems...that spot would no longer be desirable to your neighbor AND it would be usable to you. It would also eliminate any reason for animosity between the two of you. It might be worth running that idea by the developer. The developer could always say that was the original intent for that lot to begin with, when he discusses the shed problem with your neighbor.
Edit: After going back and looking at the photo, this idea might not be feasible. Looks like you're getting a major screwing on your lot, hope you're getting a helluva deal on it.
Edit: After going back and looking at the photo, this idea might not be feasible. Looks like you're getting a major screwing on your lot, hope you're getting a helluva deal on it.
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