tracyb-oh
Cincinnati,Ohio
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Joined: 02/24/2002
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sfprop said it best. This is why I have never closed on a home without consulting a real estate attorney first. Somebody to be on my side during the transaction. The agent is working for the seller and the closing attorney works for the mortgage company. I want someone looking out for my interests. I'va always thought it was money well spent.
Tracy and T
Jayco 2001 Class C 3150J Designer
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traxtermax
UPSTATE NEW YORK
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Joined: 05/26/2004
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Skid Row Joe wrote:PopcornJunkie wrote:It might not be that simple. The house was built in 1977. For 31 years the owners of the 1977 house have been using the property without the owner of title asking them to remove it. The OP even stated a previous owner of his house was aware of the situation and was fine with it. In some states, an owner being aware of an encroachment (or someone using your property as if it were their own) on their property for over 7 years means they have lost the right to the property. It's called adverse possession...Jean
It doesn't matter what anybody knew, or didn't know. People, and a dwelling have been discovered on his property. The land this guy Ed owns is being occupied by other than him... Skid, you should familiarize yourself with the concept of adverse posession. It allows some very unusual and unfair situations to exist--the kind that make you say, "That can't be right" but it's legal. It can be a downright, nasty law.
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PopcornJunkie
Rainy Northwest
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Joined: 10/20/2005
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Thanks for the update. I've been wondering how things were going. Sounds like you have a good plan in place.
Jean
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Skid Row Joe
On the road in America
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traxtermax wrote:You should familiarize yourself with the concept of adverse posession. It allows some very unusual and unfair situations to exist--the kind that make you say, "That can't be right" but it's legal. It can be a downright, nasty law.
Why don't we all just wait for the LEGAL outcome?
I have a sweet tender nature, however I enjoy sharing my thoughts and opinions. 
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edfoxx68
usa
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Joined: 04/22/2005
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I guess we're too trusting. we were so glad to get this home on our 2nd try that we just plowed ahead.
We should have been more carefull. We own 3 homes and this is our 4th home purchase you'd think we'd know better by now.
But it'll all work out in the end.
Thanks for all the input. We'll post the out come.
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PA12DRVR
Katy, Texas
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Joined: 09/17/2003
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Adverse possession: ONCHA
Open
Notorious
Continuous
Hostile
Adverse to the rights of the fee owner.
Don't know the laws of your jx, but if I was still in the game, I'd litigate this case; based on what's been represented in this post, I'd make a few $$ and have a better than even chance of proving that the present owners of the back house are NOT entitled to continued possesion.
good to see that you engaged counsel.
CRL
Temporarily (5  years & counting)displaced Alaskan
My Other RV is a 1946 PA-12
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AllisonAndrews
Stephenville, TX
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Any other updates on this one?
ALLISON & DAVID
Maddox - Boxer; Bailey - lab mix; Gabby - min pin
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Preston - crossed the bridge 7/12/2006
1989 Coachmen Catalina 27.5'
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wa8yxm
Wherever I happen to park
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Joined: 07/04/2006
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For those asking "What did you think"
It can be hard for most people (myself included) to measure distances over a very small number of feet by "eyeball" methods. You need a measuring device
So he did not know that his property line bisected the other house
Since he states he's willing to give them the land they need to be legal..
The only thing that remains is the paperwork
In this case... I can only suggest professional help cause, Well, it's a mess
and there may be some laws involved (including some that may prohibit him fromselling small parcels of land) and there has to have been some incompetence back in the 1970's on behalf of a number of folks
And this leads to the possibility of financial recovery from the incompetents (NOT the back fence neighbors) and some very lovely newspaper stories about the inspectors and other city officials and a bunch more stuff.
In fact.. Book and movie rights could get involved. So I'd suggest professional help.
Nothin adds excitment like something that is none of your business
Kenwood TS-2000 housed in a 2005 Damon Intruder 377
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msmechanic58
Mississippi
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I would be afraid of someone paying the taxes on the property as well. Her in Alabama and in IL were I grew up, if someone pays the taxes on the property for ten years they have rights to the property. This happened with a family plot my grandfather owned. The 5 acres have a family cemetary on them and my paretns were the ones who took care of the land and paid the taxes each year. After 10 years the deed was sent to my mother. Another sibling tried to pay ten years worth upfront and they returned her check saying it was already taken care of and they could not accept advance payments.
mechanic58, msmechanic58 and a kiddo mechanic 8
2001 Dodge Ram CTD
2006 Keystone Cougar 289EFS 
Kodak DX7590 10X optical zoom
"Our truest life is when we are in our dreams awake." -
Henry David Thoreau
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edfoxx68
usa
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Joined: 04/22/2005
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Update: We gave that part of our property that ran trough my back door neighbors home to them.
We settled on the exciting fence lines as our property line. Our neighbors have agreed to share the legal cost and survey of both properties. I felt that this was more than fare and they were very happy that we did this. We discovered they knew about this problem and got worried when the previous owners confronted them about it.
All we need to do now is sign off on it after the papers are drawn.
A happy ending to a pickle.
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