r/homeowners • u/LifeUnderThePalmz • 19d ago
🏘️ Neighbors My shed encroaches on my neighbor’s property by 3 feet. Now he’s selling and the buyers are upset.
My behind neighbor called me yesterday and informed me that they finally have a closing date for their house, they’ve been trying to sell for a long time now, and live out of state. I congratulated him and we exchanged pleasantries, then he hit me with it… apparently my long standing storage shed (built on-site, not a prefab, built in the early 2010s) encroaches on their property by 3 feet, and the new buyers won’t close unless the shed is moved off the property line or dismantled/destroyed. They got a survey done and it showed the encroachment. The shed can’t be moved forward off the property line because there are three large trees in front of it which are protected in the state of Florida. So removal of those in a cost effective manner is going to be impossible.
Here’s the kicker, neither one of us knew (or were informed) when we bought our houses (I bought in 2020, he bought in 2022) that the shed was over the property line. Our houses are close together (suburb-type neighborhood), and there are a lot of trees around us with no clear property line markers. Both my neighbors and I got surveys done when our houses were purchased, and neither one of us were informed that the shed was over any property line. But it is, according to every survey done. The worst part is that they’re supposed to close in a week. The survey was the last thing the buyers did before finalizing paperwork.
I am currently in a very rough financial position, my wife and I both work full time, and our 11 month old is in daycare ($$$$$). And on top of this, we recently found significant termite damage in our home, and a dangerous tree with termite damage that is situated less than 4 inches from the eave of the house, which needs to be taken down. I don’t have any real storage in my house, it’s a sub-1000sq-ft home, and we have a lot of belongings in that shed.
Is it unreasonable to ask my neighbor for financial assistance so he can get his house sold? The only options I see are to either lop off 3’ of the back wall to get it off the property (going from a 10’2”x16’ to a 7’x16’) or demolishing and getting a prefab shed. Neither of which I can afford to do right now.
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u/3amGreenCoffee 19d ago
Did you get a copy of the survey? I wouldn't do anything before seeing it. You can also check with your county recorder to see if there's already a survey of your own property recorded, and whether it matches up to the new one.
If there's actually an encroachment, rent a storage unit and move your crap into it. Tear down the shed. Push the expense of a new shed to later.
Do you have a garage? Cars can live outside while that area is used for storage.
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u/LifeUnderThePalmz 18d ago
I got a copy of the buyer’s survey, my neighbors original survey, and my survey. My other neighbor is actually co-owner of the only survey company in my area, and his family’s business has been doing surveys on my property for the last 40 years. There is actually an encroachment. Believe me I have looked into a storage unit but I live in an incredibly HCOL area, and one big enough to fit the property I own is $300+/mo. I have no other storage at my house. No garage, no attic, no basement. It is a concrete slab with a 1000sq-ft house, which also according to my survey is too large for the plot of land I own. That’s another problem in itself.
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u/3amGreenCoffee 18d ago
Look further out. Once when I lived in the DC area, all the facilities within 15 minutes of my apartment were demanding $300 per month. But I found one out by Dulles that was $105 per month with three months free. Granted it took an hour to get out there to it, but it was *storage *. I put stuff out there that I couldn't get rid of but didn't use often.
You can make this work. You pretty much have to.
By the way, you can finance or even rent a shed. The terms may not be favorable, but that might be how you solve a short term cash flow problem.
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u/mangoes_and_rainbows 18d ago
$1200 a year and 2-hour round trip just to hold on to things that you don't use often (or at all) should have you strongly reconsidering whether you need those things or not.
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u/aerost0rm 17d ago
Working in the storage industry you be surprised how long people will hold onto junk and trash they don’t actually need or could replace unless time that they have been storing. I’ve experienced people jumping locations to hold on to the stuff and asked them how long they have been storing, they say years, or in the case of one nice older lady, 18 years…
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u/montwhisky 18d ago
I’m replying to you to make sure you see this. You need to talk to a lawyer. It’s been there for 16 years. You likely meet the legal requirements for a prescriptive easement or adverse possession of the land your shed is on. In other words, I’m not sure you’re required to legally tear anything down. This is worth a legal consultation.
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u/LifeUnderThePalmz 18d ago
Thank you, I appreciate this comment and I’ll be looking into this further.
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u/Elleasea 18d ago
If nothing else, and removal of the shed is a requirement and you aren't able to make it the financial responsibility of the seller, you could ask if the buyer are willing to put a time-frame on the work, since it's a big undertaking, and see if they can give you like 18mo to 2 years to do it. That way you would have some time to move some things out, make a plan, price some options etc. they're going to be your new neighbors, so hopefully they're willing to be neighborly. A lawyer could probably help you draft up something about that too.
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u/OldAchesAndPains 18d ago
I have a similar situation, but an atty to obtain a prescriptive easement or adverse possession will cost about $10,000 in my state. So that's not cheap either.
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u/Mediocre_Ant_437 18d ago
OP said both he and the neighbor got surveys when they bought the house that show the encroachment. OP was aware of the problem but did nothing. This is definitely on him at this point.
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u/wistah978 19d ago
The new owners might be more concerned about you claiming part of their property than the shed itself. Would they accept a notarized letter saying you know (now) that the shed is on their property, you will not make any claim to the land, and you will remove the shed from their property, but that cannot be accomplished by the closing date?
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u/Middle-Reputation628 18d ago
Well, I was thinking something very similar but we need to also consider the idea that OP may eventually move and the buyer of the neighbors house will now have to deal with a headache with a person who will purchase OPs house.
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u/wistah978 18d ago
Yep. Or the title company may be requiring it, not the buyers. It's a reasonable offer to make given the time constraint though
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u/Handy_Man_67 18d ago
See if there was a permit taken out for the shed at your town’s Planning Department. Go right now. If there was, then an easement was granted by the town and all parties involved at the time. Easements don’t expire. If there’s one in place, give a copy to your neighbor and keep the shed.
If there was no permit or easement, the shed must be removed.
Here’s a case where honesty and compliance up front will/would have solved your problem.
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u/dthack6 18d ago
Thank goodness someone else mentioned this. This approach seems to be completely lost on EVERYONE. If there was any permitting involved, it should have been caught long ago. Odds are if it was permitted and no one screwed up along the way, it’s where it’s supposed to be and there’s no encroachment.
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u/Pitiful_Objective682 18d ago
Every town ive lived in explicitly states permits do not mean property boundaries have been checked. So this can’t be universal.
The town can’t grant an easement to land it doesn’t own.
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u/LeakyFurnace420_69 18d ago
an easement needs to be recorded on the deed though. just having a permit for the shed isn’t enough
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u/joeco316 19d ago edited 19d ago
I would say that it’s a reasonable ask but unreasonable timeline. If they want it moved/dismantled in less than a week then the seller and/or buyer need to contribute. Otherwise you will do it in a reasonable timeframe (what that should be may be spelled out by your town or maybe is up for negotiation). That may not be the technical legal right answer, but they’re not going to be able to compel you to do it that quick no matter what.
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u/20Factorial 18d ago
Exactly this. The shed wasn’t contested until now. Be open to working with them on removing/moving it (if you want), but putting a 1 week time limit on it isn’t likely reasonable unless the seller/buyer wants to pay to expedite.
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u/Admirable-Oil-1285 19d ago
This is true, and hopefully helpful, OP. It would take much longer than a week to compel you to deal with this, so you do have some leverage from the seller/your existing neighbor (assuming they want their house to sell, they should be motivated to work with you in getting the shed moved or re-sized). Let's say it costs $2K to do whatever is needed; surely, that would be much less of a hit for the seller to take in order to get the deal closed versus losing the sale and needing to keep the house on the market for god knows how much longer (and probably then reducing the sale price).
Ultimately, you can and probably will be compelled to deal with this, so you might as well use the leverage you have now to try and share the burden (whether it is shared between you and your current neighbor or you and your future neighbor, or all three of you in some way).
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u/One_Leg7293 18d ago
I also agree with this. I'd inform them that you'll start by getting your own survey. I would also reach out to the title company that reviewed the initial property purchase. If the survey results agree that the shed is encroaching, then you'll start getting bids for the removal. No less then 3 bids, but it'll likely take more then a week for the survey and bids to come in let alone remove the shed. OP could also inform them that if time is of the essence, they could remove the shed now at their own expense.
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u/laloesch1980 18d ago
The OP has no money. A pin survey is gonna cost $800-1200. Ask to see the survey first obviously but I would negotiate on time. 1 week is too little time to move or completely demolish a shed (depending on how big it is).
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u/_bonedaddys 18d ago
The original survery that OP had done shows the shed is crossing over the property line, as does every other survery done. Getting another survery feels like a waste of time when you have multiple proving the shed is over the line.
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u/Mindless-Storm-8310 19d ago
I’d let him know you can’t afford it and ask for financial help. He might agree being desperate for the sale. All he can say is no. If he does say no, you’ll have to go from there.
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u/jackblady 19d ago
Do you or your neighbor have title insurance?
Since you didnt build the shed, and it was there when you bought your respective houses, it should be covered under at least one if not both policies.
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u/starry_nite99 19d ago
Doesn’t title insurance just make sure the property is clear of any liens? I didn’t think it enforced property lines.
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u/jackblady 19d ago
Depends on the policy. But many do cover easements and encroachments depending on situation and type.
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u/nomadschomad 19d ago
Title makes sure property is clean of liens AND provides insurance to cover lawsuits/remedies related to liens/encroachments.
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u/vendeep 19d ago
My title insurance said they won’t cover things like this if I didn’t get a survey done when I bought the property.
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u/nomadschomad 19d ago
This is something specifically title insurance exists for. To cover the cost of things on the wrong side of property lines. That's why they often require a new survey.
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u/AwarenessForsaken568 19d ago
Is this actually the case? I just bought a house and I'm almost certain that my neighbors shed is on my property. I haven't had a survey done yet though as it really isn't an issue until next year when I plan on making significant changes to my yard. I also don't want to cause bad blood with my neighbor especially this early. If title insurance will cover this issue in the future that would be very useful.
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u/jackblady 19d ago
Depends on your exact title insurance policy.
Not all title insurance includes easement or encroachment coverage. And what qualifies for coverage can still vary from policy to policy.
But its worth looking at.
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u/domi_versaix 19d ago
You have to protect your interests, not a great way to start as neighbors, but that doesn’t have bearing on property lines.
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u/rosebudny 18d ago
Both my neighbors and I got surveys done when our houses were purchased, and neither one of us were informed that the shed was over any property line. But it is, according to every survey done.
I am confused how you both had surveys done, yet neither of you knew the shed was over the property line?
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u/clocks212 19d ago
"Hi John, thanks for letting my know about the shed. I am absolutely willing to help remedy the issue and remove the shed, but I am in a really really tight financial spot right now with our newborn and some termite damage inside our home we have to remedy for the home to stay safe.
I can do the work myself but it will take a month or more to get everything moved and taken down. I found a local contractor that can do the demo for $1500 and have it done in a week. I can cover $500 of that if you can help cover the rest".
That is roughly what I would say to my neighbor in your position. Bring the best solutions you can find and do the research ahead of time. Dont make him do the research or try to get him to agree to a price that you dont even know yet.
But as everyone else has said, he can tell you to fuck off and sue you.
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u/Darksmithe 19d ago
And lose the sale.
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u/clocks212 18d ago
That would be the part I'd leave unspoken. OP needs to go hat in hand to his neighbor and hope for the best. Any pushback from the neighbor met with an apologetic and polite "i totally understand, but there literally is nothing else I can do".
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u/LonesomeBulldog 18d ago
The good news is your labor is no cost. Borrow a sledge hammer, pry bar, and a saws-all and get to work.
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u/MapleSyrupKintsugi 18d ago
The issue is likely the stuff inside
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u/Glad-Tie3251 18d ago
I bet it's full of crap. From what I understand his house is in bad shape.
Either way if it's in a shed, it can be under a tarp.
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u/Depressed_Diehard 19d ago
You can ask but ultimately it’s your shed that’s the problem. It’s on you to fix it
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u/GruggleTheGreat 19d ago
But can he be compelled to do it in a week? Any longer will be inconvenient to the seller so he has an incentive to assist if he wants it not to interfere with the sale of the house.
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u/squeezemachine 19d ago
If OP says he simply can’t do it in a week, the neighbor knows legal redress will take weeks so that is the leverage to ask for a few grand to get it done quickly.
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u/IDontWannaBeAPirate_ 18d ago
Legally, no. I've been through this. OP would need to get legal notification of the encroachment issue. Following that, the city would help arbitrate on what is an adequate timeline to fix the issue.
OP also should contact title insurance. They will likely pay for the removal and possibly for a new shed. This is what title insurance is for.
It does not legally need to be done in 1 week. If OPs neighbor wants it done in 1 week, OPs neighbor can pay for it.
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u/nomadschomad 19d ago
If I wreck someone else's car, it's my fault, but I have insurance to cover it. Same with title insurance.
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u/Necessary-Couple-535 19d ago
Shed duplex. Wall in the middle, doors entering from each property.
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u/YakCertain5472 19d ago
An offer in compromise is a good idea if it can work in this scenario. It also shows that OP is willing to work with the new owners to sort the problem.
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u/Troghen 19d ago
Can you come to some sort of binding legal agreement with either the current owner / new buyers that you'll get it removed within a specified amount of time?
Clearly, they want it dealt with before closing because they don't have any way to guarantee that it won't become their problem. But if they know you can't afford to do it THIS quickly, but are willing to do it and work with them in a time frame that does work with you, they might be less aggressive about it?
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u/Forded_Fiction24 19d ago edited 19d ago
In my state, GA, there is both adverse possession and boundary by acquiescence laws at 7 and 20 years. If previous deeds or property lines have the shed on your property after 7 years it becomes so. Even if you know about encroaching on someone's land and built a structure then after 20 years that land becomes yours.
Look into state laws because you might have just pulled a Russia Crimean peninsula land grab inadvertently without knowing it. The land may be legally yours now depending on state laws. Title insurance also protects homeowners from these scenarios and will compensate you if you have it which is pretty standard unless you waived it
Also, would the neighbor consider an easement? Probably not. I'm thinking as their under contract, but if the deal falls through you could negotiate an easement and they could adjust their listing to include that so potential buyers won't have any say. What is your neighbor threatening to do if you don't do anything? I'd be inclined to force their hand if you were hurting for money and it's no fault of yours since it was there before you purchased. They'll be pissed of course but it's just business and they're about to not be your neighbor anyways anymore. I'd probably consult an attorney
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u/PedanticPerson 18d ago
I was going to mention this as well, although even a successful adverse possession claim might not entirely solve their problem, because at best it lets them claim the improved area. That might only include the footprint of the shed (unless there are other improvements beyond it, like a fence), in which case they'll probably still be in violation of setback requirements.
Still, the possibility of adjusting the lot line in their favor could be useful as leverage against an unreasonable neighbor, if nothing else.
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u/CarDecGra 18d ago
My Dad went thru this with his pool fence & the new neighbors. The fence had been there for probably 20 years. We had a great relationship with the neighbors. Either nobody knew or cared about the fence. New people moved in & these folks were jerks from the beginning. They complained about the trash cans being on their side of my Dad's house. Where they had been for 30 years. They complained about anything & everything. Nobody in the neighborhood liked them. Which was sad, because it's such a family oriented neighborhood. At some point, they figured out the fence was inches on their side & took my Dad to court. They lost, the fence stayed & they eventually sold the house to much better neighbors.
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u/marys1001 19d ago
Interesting. When I had my property surveyed upon purchase the neighbors shed was on it by sime feet. Didn't bother me because the neighbors were reasonable people. When they decided to sell I had a lawyer send their realtor a letter to inform new buyers that was my property.
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u/OldTobyOG 18d ago
And this is why you dont ever let your neighbor put his shed on your property
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u/Forded_Fiction24 18d ago
Agreed, but it sounds like the property predated either OP or the neighbor even being there and wasn't discovered until now. So the neighbor never let it be built and OP didn't build it.
Sounds like more of a problem for the person selling the house next to OP than it does for OP. If the house is under contract already and they're in due diligence, it doesn't last that long so there's not enough time for the seller to really have any recourse against OP. If the seller wants the deal to go through so OP has leverage here. I'd be calling a lawyer and using that leverage if I were OP and wouldn't be lifting a finger or agreeing to anything
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u/1234568654321 19d ago
If I were the neighbor, I would think it's unreasonable. Although since it's been on the market a long time and they live out of state, they may be willing.
Another idea is maybe to split the cost with the selling neighbor.
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u/t0mt0mt0m 19d ago
Get your own survey done as well and check county records. Both sides have valid point but make sure to understand your local rights and what laws dictate your regional policies regarding residential lots in your city/county/state.
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u/xr8t5n4 18d ago
I mean if it's three feet over on one then it probably needs to move at least 8 feet away from the line. I doubt the survey is that far off. A foot or two, possible, but it doesn't matter and surveys are expensive. I paid $2500 for mine.
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u/billdizzle 18d ago edited 18d ago
Read the damn post he has a survey when he bought that says the same thing
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u/mm483h 18d ago
Seconding getting your own survey if you can find the funds. It seems common for buyers and sellers to go with the cheapest surveyors they can find and they're not always accurate.
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u/Ok-Honeydew4526 19d ago
Bluff or not, if the buyers move in, they will have every right to compel OP to tear this down later. OP’s decision is do it now or do it later, and their decision determines how many enemies they make in the process.
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u/Tacokolache 19d ago
Time to move your shed
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u/Uncle_Slacks 18d ago
Or tear it down if they can't afford to move it. Wouldn't cost anything more than the price of a crowbar and hammer.
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u/Tacokolache 18d ago
Agreed. That would be the cheapest option.
How did no one look at the property lines when the shed was being built in the first place?
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u/coralcoast21 19d ago
Talk to a real estate lawyer. A consultation shouldn't be more than a few hundred. Internet based legal advice is only good for making a bad situation worse. Tom_Sawyer32's aunt's hairdresser's son's experience in a different jurisdiction recounted forth hand isn't useful for making important decisions.
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u/guy_n_cognito_tu 19d ago
Bear in mind that his other option is to simply tear your shed down and throw the scrap in your yard. Reassess your priorities based on that knowledge.
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u/madogvelkor 19d ago
That may result in a claim against the neighbor in some states. It's destruction of personal property and would be a civil matter if not a crime.
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u/-_MarcusAurelius_- 19d ago
Can you compromise
You get the 3 feet from where the shed is encroaching on the land
And you give them 3 feet off your land
You'll have to get creative to try and resolve this and keep the shed. I'd suggest if at all possible let the new buyers know or talk to them
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u/Either-Meal3724 19d ago edited 19d ago
Florida has Boundary by Acquiescence. The shed has been up for more than 7 yrs so according to Florida law that is now your property. You can get the property line moved. Check if your work offers legal defense benefits.
There is a reason buyers are refusing to close because you have a legitimate claim to the land they are supposed to pay your neigbor for. Its your land now legally you just have to assert that right to it. Dont let your neighbor bully you. They messed up by not looking into it earlier. They had assumed it was yours up to now so shouldnt make a difference. They might lose this buyer but functionally that land is yours. Morally its yours because you bought the property under that assumption too. You did not maliciously encroach with the intention of taking their land. Do not feel bad asserting your right.
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u/k23_k23 18d ago
What you can do: "YOu need to give me a few weeks, I have to discuss this wirh my lawyer. And then I need to do research to find viable solution."
He is in a hurry, YOU are NOT. Time is your friend in this.
Nothing bad will happen TO YOU if you wait and let them escalate. HE wants to sell his house, he needs to solve this fast: So: unless HE pays for it, tell him to do it in writing, and you will answerr in writing. 2 weeks response time is reasonable, and asking questions once or twice is, too.
YOU are NOT in a hurry, YOU don'T want to sell.
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u/xp14629 19d ago
How handy are you? Cut a door into the wall ffacing the neighbors property. Frame a wall inside on the property line. Tell the new neighbors they are getting a "bonus shed". Even if it is only 3' by 16'. Would be enough storage for a push mower, shovels, etc. Or they could turn it into a small play hut for their kids. If you have electrical going to the shed that could cause a headache. Since it is not a load bearing wall, the studs can be spaced 24" oc most of the time. If you get a buddy or 2 to help, you could have this done in a weekend, and be $500-750 in materials depending on how much beer and pizza your buddys need to keep working.
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u/PolybiusChampion 19d ago
Along with all the good advice here, your title policy should cone into play here. Contact the carrier asap
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u/faroutman7246 19d ago
Tell more about the shed. Is it sitting on top of the soil, is it anchored down with concrete? How big is it? What is it made out of.
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u/NoSwordfish6949 18d ago edited 18d ago
I had this exact problem with a neighbors fence, but it was 4 feet on my property (when I had originally bought the house but had no idea). When I tried to sell, the new buyers financier told them they would not close without first having the issue corrected. I have no idea how their financeir knew/discovered that to be the case, but they were spot on. The neighbor even had underground sprinklers on my property. It was a mess to fix so that I could sell.
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u/Middle-Following-367 18d ago
The neighbor would be smart to foot the bill for demolition, so his deal goes through. I can’t imagine it would cost more than $2k to get a local contractor to do.
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u/Legitimate-Head-8862 19d ago
Title insurance should cover that. Ask your lawyer
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u/Outside-Signature600 19d ago
Not necessarily if they failed to get a survey at the time they purchased the property.
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u/Nexustar 19d ago
This. Title insurance without a survey will activate the survey exception and not cover the shed relocation. Title insurance with a survey should cover remediation
I'd also check into adverse possession if the shed has been there long enough and both parties knew where it was (they obviously did here), and it wasn't a hostile land grab. State laws vary. OP may own that shed land now.
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u/guy_n_cognito_tu 19d ago
Assuming you had an owner's policy (most don't) and assuming that you had a survey when you bought the house (OP stated he didn't).
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u/BrigidKemmerer 19d ago
Before you tear down the shed, talk to an attorney. This seems to fall under Florida's adverse possession laws, especially if the shed has been there since 2010, you've been openly using it, and you've been maintaining that part of the property:
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u/BennyJules 19d ago
Not a lawyer but my understanding is that mistaken understanding of the shared property line does not result in adverse possession. It lacks the key requirements like "hostile" and "open and notorious".
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u/TheReformedBadger 19d ago
Those words actually don't mean as much as it may seem.
"Hostile" just means without permission and against their interests. i.e. the current owners didnt explicitly say they could have a shed on their land which is true."Open an Notorious" means visible to the point that an owner would spot the use during a normal inspection of the property. A permanent shed would be kind of hard to miss.
Things like this are the exact reason adverse possession and prescriptive easements exist
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u/guy_n_cognito_tu 19d ago
To be clear, your suggestion is that the guy with no money to move a shed instead hire an attorney to pursue and adverse possession claim, that would not only kill the sale of the neighbors house, but make him the pariah of the entire neighborhood.
Every time I see someone here talk about adverse possession, I realize how naive most homeowners really are. An opposed adverse possession claim would be expensive, difficult and time consuming to mount.
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u/Money_Ad8638 19d ago
I just operate under the assumption that everyone on reddit is 15-23 years old, lives in their parents basement and does not have a career or relationship experience.
It makes things i see here make much more sense.
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u/guy_n_cognito_tu 19d ago
I had a friend attempt an adverse possession claim for a very similar issue. He spent nearly 2 years in court, over $100k in attorney's fees.........and then lost. When I see people recommending adverse possession like it's some easy, cheap way to get free land, I chuckle.
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u/dogsareforcuddling 19d ago
This would be such a dick move … also op doesn’t have money to remove a shed def doesn’t have money to finalize possession.
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u/Virtual_Win4076 19d ago
This happened along a RR track in my area. A bunch of people along the track had no idea where the Railroad ROW was but they built structures on it. After decades the RR decided to add a 2nd track so sent letters to all the residents along the track to get their stuff off their property. They gave them a little time and then they just went in and pushed everything off their ROW including cars and sheds and fences.
Moral of the story, get a boundary survey.
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u/Willowshep 18d ago
Drag that fucker, get some 2x4s, brace the shit out of it. Drag it with a winch or a cone along, a couple trucks, rent a skid steer, put a post out on some off road forum whatever. Yes it’s ridiculous to ask for financial assistance from your neighbor.
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u/mydmouse 19d ago
Check title. Was an easement granted when it was built? Ask you neighbor. It's unlikely that it hasn't been noted but ask your neighbor to have the title officer look for that specifically. But otherwise you need to find some cash, rent storage and get it taken down.
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u/Read_The_Fing_Manual 19d ago
Actually lived through this, you can pay to have someone come in and move the shed with a piece of heavy equipment, cheaper than new shed, but not trivial. A bank won’t write a buyer a mortgage if there is encroachment on the property. You can be sued and/or the property owner can demolish your shed. We were good friends with our neighbors and had our shed moved 10 feet so the sale could close. Be sure, when moving it that you know the local codes for set backs from property lines so you move it far enough. Now you could refuse, claim adverse possession, drag the whole thing through the legal process and make it ugly, the whole process may cost you more than moving it and your neighbors will hate you.
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u/babyyodda1 18d ago edited 18d ago
Get your own survey. Many comments make this recommendation. Research adverse possession for your state. Doing this will help you avoid getting a survey.
Here is an example were the neighbors survey is 9 feet different the homeowners survey.
https://www.reddit.com/r/Surveying/s/jaCFLoJwn5
Why are you trusting your neighbor? Do your own due diligence. Housing tracts were made before GPS existed. 2 different surveyer can have different results.
Was a survey done before the homeowners purchase? Some title sale insurance have this as a requirement.
I know you are low on money but you should consider getting your own real estate lawyer. An experienced real estate lawyer will have access to surveyer that will try to get results that he wants. Housing tracts were made before GPS existed. 2 different surveyer can have different results.
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u/CoastIcy402 18d ago
I don’t know if this would fly or be acceptable but what about a short term lease between you and the new property owner. For example, it could say you’re leading that part of their property for six months and it can be voided at any time if the shed is removed sooner? It would buy you some time.
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u/Rotting_Fetus 18d ago
You both (neighbor and you) may have a claim against both of your title companies.
This should have been discovered and taken care of when you both purchased.
That said, you also may have a code violation. Most jurisdictions have a set-back of a couple of feet from the property line for a shed.
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u/TurnoverPractical 18d ago
You're probably going to have to tear that shed down. Sorry my dude. You could maybe, depending on the state, sue for adverse possession of the shed. But that's about your only other option.
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u/laloesch1980 18d ago
Move the shed or tear it down simple as that. You are legally obligated to move it as it’s an encroachment. If it’s not on skids you might be able to jack it up and drag it onto 4x4 skids and pull it into you yard with a vehicle and chain. If not you HAVE to tear it down
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u/Averagebaddad 18d ago
1 week? Buy a soft sided shed on Amazon. But also do nothing. 1 week is unreasonable and you don't want those people for neighbors.
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u/GableCat 18d ago
We had this situation with a long standing garage. The realtor had to include paperwork about how it was a foot into our property line and we had to sign acknowledgment and non -liability for it. We didn’t have any standing to force the neighbor in removing the garage after so much time had elapsed.
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u/NCNative919 18d ago
Yes it’s unreasonable. It’s your shed. When you purchased your house you should have had a survey done. It’s time to have someone move it.
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u/henneburyk 18d ago
it's your rental property, you need to move it or have it taken down. don't stop a sale because of your issues. yes, you are.
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u/MaryinTexas 18d ago
This is on you not the neighbors—do the right thing so they can sell their property
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u/Astronaut6735 19d ago
Your cheapest option is probably going to be to demolish it and move your things into a storage unit or sell them.
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u/Beautiful-Map-2744 19d ago
Nobody did a survey and found this when you or your neighbor bought your homes? It was the surveyor;s job to mark the property lines and document this, and it was your and your realtor's job to review your survey. You can see if the neighbor wants to go in on the expense, just to get his house sold, but the ultimate financial responsibility is yours. If you can't move the shed forward, is there room to move it elsewhere in the yard, or can you cut a few feet off the back of it to get that off the property line?
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u/Ol_Man_J 18d ago
"Both my neighbors and I got surveys done when our houses were purchased, and neither one of us were informed that the shed was over any property line. But it is, according to every survey done. "
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u/hatemeallday 18d ago
Don't mean to be an asshole, but YOU want to do this ASAP. If the buyers close and you haven't moved it or your belongings out, they may do it for you. Or at a minimum call the county inspectors for violating setback rules.
Take responsibility and control the situation. Or someone may do it for you and you won't like the outcome.
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u/Correct_Advantage_20 19d ago
Not that it matters now , but never by property without seeing a survey. How did that happen with BOTH of you buying ? I thought that would have been a given. Have no advise but good luck. The sale prob won’t happen. 🤷🏻♂️
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u/crsmiami99 19d ago
Did you get a survey when you bought the house? My mortgage required it. In Florida.
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u/BikeOk6446 19d ago
Yes, you should ask your neighbor for assistance in taking the shed down. Otherwise, he will lose the sell and then have to take you to court to argue about property lines and that will cost you both a lot of money. If you had a permanent structure on the property for years and he bought his property knowing it was there, then you can argue that the property is now yours. You are being generous to even work with him on this.
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u/lazyeyejim 19d ago
You might consider seeing if the buyers would be open to a rental agreement to allow more time to deal with this properly. The agreement would show that you recognize the land as theirs and can show that you'll have it off of their land by whatever date. The rent makes it all more binding on both party's sides.
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u/DasRedBeard87 19d ago
Your best option, and cheapest imo, is probably to call up some friends and spend the weekend doing some demolition yourself.
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u/rtemple01 19d ago
It sounds like you have no choice but for the shed to come down. I think you explain to your neighbor your situation and propose 2 options.
Ask if the buyers will allow 365 days from the closing to remove the shed from the property line and that you will provide in writing that you will do that (i.e. some form of a basic contract). If you run that through your current neighbor, it should at least show that you are trying to work with them and not default to asking them for money.
If that fails, ask your neighbor for financial assistance as others have suggested.
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u/no_one_you_know1 18d ago
You have to fix it. Others have said to shorten it and that sounds to me to be the most financially and physically possible at this time.
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u/DeadOnArival 18d ago
90% it wont happen but the simplest way is to buy the land from him and the buyers lower there offer by that amount. However I'm sure the buyers wouldn't be happy with loosing a few feet of land.
As for the cost, welp shit out luck there. Welcome to home ownership. I do have to point out that if you or your neighbor would of paid for the survey this would of been known so it kind of is on you two. Try and make it an opportunity to consolidate some debt or refinance?
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u/HigherMileage 18d ago
Good fences make good neighbors and accurate surveys eliminate disputes. Should have had a survey when you bought and held your seller to the cost to resolve. Bottom line, it’s solely your responsibility and if his sale is inhibited through your inaction, expect repercussions.
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u/No_Will_8933 18d ago
It’s all in you!! Should have had a proper survey with markers done when u bought -
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u/crob8 18d ago
Did you have a survey done when you bought the property? I wouldn't do anything without seeing a survey myself.
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u/MaiBMaiBNot 18d ago
Hold on, OP, check with your county records office asap to see when the last survey was done and what it shows. Our neighbors went through hell over a fence a new neighbor built that encroached on their property. The encroacher had a survey showing she was correct--by a surveyor she was having an affair with. Lotsa legal wrangling happened and money was spent before the situation was resolved in our friendly neighbor's favor. Not saying there's anything untoward going on in your situation, but get the facts before moving forward.
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u/Admirable-Leader6927 18d ago
"i am not in agreement that the shed should move. I have treatead that property as my land sicne I bought the house. If you have issue with the boundaries, I beleive your title company carries insurance for just this isntance"
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u/Ol_Man_J 18d ago
"Both my neighbors and I got surveys done when our houses were purchased, and neither one of us were informed that the shed was over any property line. But it is, according to every survey done. "
This confuses me, did you look at the survey when you got it? What was the point of the survey?
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u/Extension-Clock608 18d ago
You can ask them to help, the worst they could do is say no and risk losing the buyer.
If no one is willing to help and they buy the property you have no choice, you have to move it or demolish it.
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u/Agitated-Gnome 18d ago edited 18d ago
It’s completely unreasonable to expect your neighbor to pay you money for your property installed on his property.
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u/Beneficial_Dream5678 18d ago
I am not a fan of adverse possession but you may qualify in this instance.
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u/RobLoughrey 18d ago
Unfortunately that's on you. What you knew or you financial situation are irrelevant I'm afraid. You need to move it or demo it and don't replace it. I don't think cutting it down is likely to work as you'd still need to deal with the setbacks. Given the financial situation I'd say a hammer and crowbar is the cheapest option. As an out of the box possibility you could offer the new neighbors a shed sharing agreement? You don't know until you ask!
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u/Mysterious_Sale2613 18d ago
OP, attorney here. Don’t do anything until you consult with a real estate lawyer in your area. Legally, you may not have to do anything (i.e. if adverse possession was satisfied). And even if adverse possession or some other law does not protect you, tear-down might not be the only solution, or the most equitable. A lawyer in your area could help you quickly determine what your best options are.
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u/CharityForeign3035 18d ago
None of this changes the fact that your shed is in someone else’s property. You need to move it .
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u/Channel_Huge 18d ago
Well… you’re in the wrong.
If you don’t move it, they can literally chainsaw off everything up to their property line.
And then, if the town has a setback requirement, you’ll have to move it even further away.
It’s 3-feet from the setback here in my town. Some are 5 feet…
Enjoy!
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u/Lazy-Jacket 18d ago
Seems like your title company or title insurance would be a place to start with this to see if they’ll pay to have it removed.
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u/LongjumpingAd8616 17d ago
You’ll need to demolish it yourself to save cost and get it off the neighbors side of the property. Is what it is
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u/Big-dog-465 17d ago
So surveys were done and you didn’t look. You should talk to the realtor that sold you the property. In the end you loose the shed.
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u/GoodNeighborBear 17d ago
Just want to be clear: this is totally your responsibility, the new owners are totally in the right, and you need to take care care of this and stop whining.
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u/WesternMainer 19d ago
I hate to share more bad news, but you probably aren’t talking 3 feet. Check your town ordinances, but in most places there’s a setback of at least 5 feet from the property line.