Encroachments - Risks to Owner?

Question

All,

Recently, I marked (actually paid someone licensed to do that) the corners of my new lot. After analyzing GIS data, I discovered that my neighbor’s house, garage, and shop are built with minimal permissible setbacks (50 feet to an inch) from the boundary line. Some other structures, like a patio and propane tank, are even closer. Considering the obstacles above, his driveway encroaches onto my property by 5-15 feet over a distance of 240 feet. There is no easement in place, and the driveway could be relocated to the other side of the building or reshaped to avoid crossing the "border". Furthermore, some installations, such as his antennas on a pole, are on my land.

I am a reasonable person and don’t have any issues with this. The new owner bought the house after I purchased my land, and he might not be aware of these encroachments.

Is there any risk for me, such as the possibility of acquisitive prescription of a part of my real estate after years, especially if (theoretically) the neighbor incurs considerable expenses for e.g. asphalting his driveway?

Thanks!

R.

Joshua Gorsky · Answer

@Ronald Roetsel

Different states have different requirements for what constitutes adverse possession. I’ve written letters on behalf of clients in similar positions to yours reserving the right to request the improvements be removed in the future. These types of letters should bind successors and assigns and run with the land. On occasion these letters have resulted in the parties entering a more formal easement agreement.

Guy Gimenez · Answer

While you may not have a problem with it, future buyers may. As previously stated, each state has different and specific adverse possession statutes and you should investigate this further as it certainly could hinder a sale in the future, and you may find that future buyers are not as reasonable as you. And the fact the new owner of the neighboring property also failed to do due diligence should not factor into your decision to keep, if still allowed by your state laws, what you presumably paid for.

Bill B. · Answer

Has any of this “stuff” been there over 10 years? If so it’s good you are reasonable and don’t have an issue with it because there’s probably not much you can do about it. 10 years is the standard is many locations though they do vary.  I don’t think you have to worry about any expenses maintaining it because it’s on your land. You could obviously just tear it out if it came to that. If you wanted to be super careful you could have an attorney write up a new easement and record it for the benefit of future owners of both properties.

My BIL had a neighbor survey a mile long stretch of farmland and said the “rock pile boundary” was off by 5-10+ feet over a mile, a few acres. The neighbor wanted to rock pile moved off his land and a new boundary established. His attorney wrote a letter explaining the boundary was “old and established” and had become the new legal boundary years ago.

Encroachments - Risks to Owner?

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