Property Survey shows we own the land that a company is using.

2 Replies

I bought a property in early Jan and as a new investor didn't look deep into all the things including the survey. Recently was looking over the documents to see if we could add a storage shed anywhere on the property.  Come to find out the survey shows we own the land in front of a company, a property management company actually, that is using it for signage and parking.  They have put sign, sidewalk, and flag pole in our lawn.  I would like to get the communities option in what to do.  We want to see if we can't reach out to them and see if they want to lease that land from use to keep their sign up and go from there. I do however don't know if they will try to claim possession since they made upgrades to the property.  Is this a valid fear or is that an old wise tale about being able to claim land just because you did stuff to it? 

Do you know how long ago they put the sign up and sidewalk in?

I would have a discussion with a lawyer immediately and find out what the real situation is and what your rights are. With that information you can then make decisions on how to proceed.

It would be great to see the survey as it would answer many questions.

It's possible the neighbor is using the land in question pursuant to an agreement with a prior owner in the chain that is binding upon you. Are there any special exceptions listed in your owners title insurance policy concerning this land? Is there a "possible encroachment" identified on the survey? Did you purchase owners title insurance?

Clearing up these issues would affect how I would proceed here.