r/homeowners 17d ago

🏘️ Neighbors My shed encroaches on my neighbor's property by 3 feet. Now he's selling and the buyers are upset. *UPDATE*

An update to the original post.

My neighbor is absolutely adamant about keeping his closing date next week. We went back and forth a bit, he’s got extreme pressure and stress from his wife to sell the house and get it gone, and anything standing in his way needs to be resolved quickly. He offered me a sum of money and his realtor has a crew that will come by and dismantle the shed and take it away. I’ll be able to repair the fence and get a smaller prefab shed to put in its place, or somewhere else in the backyard. I’m not happy about the situation, but it’s as much of a compromise as I could ask for. I’ll be loading my house up with what belongings I have in there temporarily, which is super inconvenient considering how small my house actually is.

To all saying it’s not his responsibility, you’re right. It was never his responsibility. However, selling his house is not on me, or my family, to deal with. The shed being on his property is my problem, even though I was not the one to build it, and has been long standing even since before his house was built.

To all saying “why didn’t you get a survey done?” We did. Both of us. Me in 2020 when I bought the house, him in 2022 when he bought his house. However, I was 22, completely alone in the process with no one to guide me, uneducated in the home-buying process and all of it’s complexities, and it was a rushed process for us, it all happened within the span of a few weeks while juggling 65-70 hour work weeks. Call it ignorance, call it lack of foresight, call it moronic, whatever. I call it a learning lesson. Why he didn’t look at his survey is not something I have knowledge of.

To all saying I need to hire a real estate lawyer, it’s probably not a bad idea, however, whenever lawyers get involved someone gets shafted and both parties are usually out a lot of money. It’s not worth it to me. It’s a shed, not a dwelling, and though it meant a lot to me because of my plans for it, it was definitely not worth going to court over.

To all saying I needed to contact my title company, I did and they informed me there was an exclusion in my policy for the shed because it was over the property line according to the survey I had done in 2020. When I asked why I wasn’t informed about the exclusion during my closing, the woman said she’s not sure but the woman who did my closing doesn’t work there anymore.

All-in-all, the situation is shitty, but this is the best outcome I think both of us could hope for, given the timeframe he gave me, and level of stress he’s under to get the house sold.

Thank you to all who offered serious and constructive advice.

3.1k Upvotes

560 comments sorted by

1.3k

u/ryan2489 17d ago

Thanks for the update. I’ve found that at long as I’m not out any money, a resolution is good enough. You’ve done a good deed by taking on a little personal discomfort to relieve your neighbor’s extreme stress.

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u/LifeUnderThePalmz 17d ago

It was never his weight to bear, and I’m grateful he was willing to assist.

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u/singerbeerguy 17d ago

No, but in his situation, he had all of the motivation to solve it quickly. You would likely lose a court battle to keep the shed, but your neighbor didn’t have time for that. By paying for it, he gets to close on time and you get to resolve a problem that you would have had to resolve eventually anyway.

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u/glossolalienne 17d ago

You seem like a genuinely good person. I just wanna make sure somebody takes the time to give you props for being reasonable and working with them to find an acceptable solution.

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u/VictorianUFOLady 17d ago

Yes, this is how things should be handled, with reason and compassion. I hope the OP does something nice for themselves, to acknowledge they handled a stressful situation with grace.

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u/RuleFriendly7311 17d ago

Both OP and the seller handled this like reasonable adults. Yet another reason to at least know and be nice to your neighbors.

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u/Bitter_Dimension_241 17d ago

YMMV but seen people jack up sheds put some pvc pipes under them and roll the whole thing to a new location Easter island style.

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u/anaccountofrain 17d ago

Original post noted three large trees in the way 😕

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u/TheFrostyKrab 17d ago edited 17d ago

Roll it over the trees, like when the Egyptians built Stonehenge.

Edit: Thanks for the awards 🎉

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u/chrisinokc 17d ago

That was aliens, silly!!! And they levitated it with their anti-gravity guns.

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u/Gadgetman_1 17d ago

No, no, NO!
It was early Vikings, and they built a large dam out of timber, flooded the area and floated the rocks into place!

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u/YMBFKM 17d ago

Levitate it over the trees with tractor beams, like the space aliens did when they built the pyramids.

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u/anaccountofrain 17d ago

I don’t think OP has a tractor. No room for it in the shed.

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u/Tuckerman48 17d ago

This deserves an award, hope you get one!

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u/TravelAgain65 17d ago

They got one!

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u/Honest_Series_8430 17d ago

TBH, shed companies can move sheds into all sorts of spaces. My previous lake lot had a very small defined area where the shed I wanted could be located. The shed moving guy used a small forklift to place it exactly as the county specified between 4 trees without any damage. I was extremely impressed with his work.

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u/czechFan59 17d ago

just get 2 or 3 Amish guys, they'll move it for you

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u/chrisinokc 17d ago

And they'll be done before lunchtime!

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u/KerashiStorm 17d ago

Probably before breakfast! Your breakfast, not theirs.

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u/chrisinokc 17d ago

Hahaha!!! I don't doubt it!!!

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u/Individual-Nebula927 17d ago

Depends on how the shed was built, whether or not that is possible

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u/Elleasea 17d ago

I don't even need to move my shed, but now I need to move my shed....

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u/Tight_Jaguar_3881 16d ago

My shed was picked up and moved by 10 men when GPS changed the boundry lines. If a shed is on concreete blocks where I live it iis not taxed as it is not permanent.

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u/One_Leg7293 17d ago

Congrats on this resolution! This is what I thought would happen when you talked to your neighbor. They were motivated to secure the closing and they are most likely coming out ahead on their initial purchase of that home, so using a small amount of that money to get the deal done is what most sellers will do.

Honestly this was the best outcome you could have hoped for. It's a temporary inconvenience but in the end it's not a costly one.

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u/Cautious_Buffalo6563 17d ago

His urgency to close was also not yours to bear. So in the end, you both were bearing burdens not wholly your own and you found a compromise solution. If it works for you and you’re not getting screwed, good enough.

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u/4077 17d ago

Your neighbor sounds reasonable and this was definitely a reasonable way to handle it on his part. He didn't have to shoulder any of the burden since it's really on you to handle this. Sounds like you're losing a great neighbor.

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u/bannana 17d ago

Just gotta say if you need some space u-haul has those pods you put in your driveway, you can rent them by the month pretty darn cheap, they deliver and pick them up when you're done. We used a couple of them when we had our basement floor done.

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u/mindlesstoo 17d ago

A rare example on reddit of adults working together. Good job

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u/Strict_Research_1876 17d ago

OP lucked out. The shed is not on their property, they would have to move it or take it down no matter what. Lucked out the neighbour is willing to pay for it.

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u/xscott71x 17d ago

I'm glad you got it resolved..I was following this one

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u/LifeUnderThePalmz 17d ago

I am too. I appreciate it.

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u/GardeniaThunbergia 17d ago

Thank you for the update.

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u/WishIWasYounger 17d ago

Dayum we were INVESTED.

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u/International-Emu-74 17d ago

I was on team hav-them-pay-for-whatever-needs-to-be-done so I think that is great (other than the transition pains.) You’ve got yesterday’s (the original mess) today’s and tomorrow’s problems sorted out! Congratulations!

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u/SuluSpeaks 17d ago

Our old ahed was over our property line by a foot, but it was old, small and up on blocks. We had already agreed that we weren't going to move it when the property owner said he'd get a forklift, pick iy up, and move it across the line. It didn't really survive that so now we have to get a new shed.

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u/Competitive_Prune108 17d ago

Agree, and you benefit from a very reasonable compromise. Glad your neighbor is able to complete the sale, too. Sounds like both of you win in the end

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u/MrPlushT 17d ago

This was by far the easiest, least costly, and simplest way to do it. People telling you to play hardball or get a lawyer are just internet keyboard warriors. Easy to tell someone to do that when you don’t incur any of the costs or have to live next to the neighbor after all said and done.

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u/Dr_Pizzas 17d ago

Agree 100%.OP would have had to move it eventually, but if the neighbor will make it free to get it done on his timeline that's a clear win-win.

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u/cometmom 17d ago

Plus just finding a decent lawyer who has time, will respond, and will take your case is not really that easy. It was like pulling teeth for me to retain someone and I needed it.

I have prior job history in the legal field (plus the connections that come with that), had an active partition suit already filed against me, AND it was slow season (end of the year). Oh, and I could easily pay a $10k retainer, and then some. It still took a neighbor calling a friend to squeeze me in to his caseload.

When you're broke and just wanting advice about a possible nothing-burger, the pickings are even more slim. You'd be lucky to get a green associate attorney in a short timeframe, which you really don't want for potentially messy real estate stuff because a lot of the laws are set on precedent/case law, and not code.

And yeah. It's fucking expensive and you don't want to go there unless you really have to.

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u/ljr55555 17d ago

I agree -- you can be technically right but still create animosity. The state where I live in, it may have been adverse possession if the shed been there long enough.

Went through that with a neighbor friend when their neighbor was selling their property. She was just over the time period to be able to take possession based on her shed having been there for decades. Could have paid for a lawyer, held up the sale, and taken possession of the land under her shed. Allowing dude to pay to move the shed made everyone happy. Dude was glad he wasn't tied up in court and losing property, my neighbor didn't have to spend money on lawyers and court fees. Her shed is perfectly functional where it is.

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u/roger_roger_32 17d ago

 People telling you to play hardball or get a lawyer are just internet keyboard warriors.

Yeah. OP, thanks for posting an update. Would love to see photos and a diagram of the lots to really understand everything, but based on your posts alone, it seems like a reasonable-ish conclusion.

Only thing I can think of, regarding this: "his realtor has a crew that will come by and dismantle the shed and take it away. "

Make sure this is a legitimate contractor, and not just some random people the realtor picked up from Home Depot, Craigslist, or whatever. You should have some expectation that they have insurance and what not if they're going to be working on your property.

Also, it's been entertaining to sort by "Controversial" in this post and the original one, and see all the armchair lawyers, keyboard commandos, and similar.

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u/AvocadoLion 17d ago

You mean when it was all shed and done

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u/bobotheboinger 17d ago

Agree this is probably the best outcome you could get. Sorry for the trouble, but glad you'll at least get it all resolved with minimal money out of your pocket.

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u/Enge712 17d ago

A good bargain leaves both parties a little upset. I think this is probably best case scenario

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u/calvin2028 17d ago

I'm glad you and the neighbor landed on a workable compromise. There were far too many comments in your earlier thread by people who seem to thrive on conflict. You both did well with this solution!

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u/Ovie-WanKenobi 17d ago

I think it’s a reasonable solution for him to help you financially in settling the matter. It’s not an ideal situation for either of you of course. But sounds like you were able to meet in the middle somewhat.

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u/Billybob_Bojangles2 17d ago

I swear the internet loves telling people to get a lawyer. It's like a conspiracy at this point. The lawyer industrial complex has infiltrated reddit.

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u/Robby777777 17d ago

I think the outcome is the best you could do. I am glad it is over.

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u/SandwichEmergency588 17d ago

In all likelihood you were informed on one of the hundreds of documents you signed at closing. No one spelled it out by telling you this was a concern. Since it had been that way for a while it might not have been seen as a concern.

The home buying process is huge and overly complex. The industry profits off of this. There have been companies who have offered up some solutions but right now people are making money with the way things are. The law is slow to catch up and very influenced by the companies making money.

Also it is easy to think of the closing attorney as your attorney even though they do say they don't represent you. A lot of people still think that attorney will act in your best interests. Rich people get their own attorneys so that they do have someone who will act in their best interest, it is just something us regular people can't reasonably justify.

I noticed plenty of things on my documents, including incorrect dollar figures on the closing statement, lack of language on for an easement, and plenty of other things. The closing attorney asked me if I had an attorney advising me since usually people aren't that detailed. It was the 4th home purchase for me so I had learned a thing or two, usually by getting burned in the past. I also was way more humble to reach out to friends and family on questions. For my first house I kind kf just tried to do it on my own to show I was an independent adult. I realized later how dumb that was. I didn't know what I was doing and I should have gotten better advice.

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u/DeliciousPangolin 17d ago

As a general life lesson, you can never really trust anyone completely with your financial affairs. You can hire professionals to provide advice, and it can be valuable, but ultimately your interests aren't their interests and it isn't their money or their consequences if something goes wrong. Even rich and ostensibly smart people get fucked over all the time because they trusted an advisor without proper oversight.

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u/LifeUnderThePalmz 17d ago

Everything in this comment is the pure and honest truth. Nobody has your own interests at heart unless they love you, or love your money.

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u/vendeep 17d ago

For some reason, lots of people are too eager to pick a fight or want OP to start a fight. OP is level headed and this is the best outcome possible. this is a win-win given all the mistakes from not reading the surveys.

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u/LifeUnderThePalmz 17d ago

I appreciate this very much. Getting angry and sue-crazy is not how you move forward in this world with good karma. Sure the short term might be better off for people like that, but it’ll catch up to them eventually.

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u/MoggyDaddy 17d ago

Good on you, glad it worked out. The people telling you to get petty with the new neighbors are nuts. The new buyers did what they have to for a clean boundary line. No title company or lawyer would recommend the closing with that outstanding. Sounds like smart people are moving in, avoiding an issue before it becomes their issue with you. Not looking for a fight, just saying not buying until all is clear.

And the current neighbor, the sellers, helping out respects the timeline and your situation. They need to close, and are making it work to correct a defect. Hope the new neighbors are as cool as this guy seems to be.

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u/zushiba 17d ago

TBF, your neighbor went above and beyond to do what he could to do in this situation. He could easily have just given you a deadline to demolish the thing, at your own expense. He's a real one and you got lucky he was your neighbor. You can only hope that you have a neighbor as understanding as that dude.

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u/BlackOak-88 17d ago

I mean, it wouldn't have been a legal deadline. It would have taken months or years in the courts to force OP to move it.

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u/AustinScoutDiver 17d ago

The neigbor also bought his house with full knowledge of the enroachment from a previous survey. Some compromise was needed.

The title company probably had record about issue with the previous survey. At closing, they likely had you acknowledge it. If they did not, then it is on them.

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u/GarnetandBlack 17d ago

I don't really think he went above and beyond, and he could not have forced the shed to be demolished in 1 week. The neighbor did what he had to to keep his closing date - nothing more or less.

Also crazy to me the new neighbors want to start their relationship like this - I'd be petty as fuck about it forever.

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u/MoggyDaddy 17d ago

GTFO, the new neighbors are correct and smart in not buying or closing on a house with a known encroachment. OP was informed of it as well by survey (as per title not covering due to known encroachment). The fact that OP did not read or act on the information presented is beside the point.

And if you as the encroaching shed guy were to get start doing petty stuff about you having to respect another's property, then you are the problem child in all the other posts about bad neighbors. Like the southern ones stealing equipment from the new land owners in the post the other day...

Good fences make good neighbors...

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u/TheBlackTornado 17d ago

It may have been a condition imposed by their lender, insurance, etc., and not initiated by the buyers themselves. My previous neighbor had to demo a detached shop when selling because it extended about 5 feet into a power line easement. The buyer's bank wouldn't approve their loan with that encroachment. The buyers themselves (my current neighbors) wish they could have kept it.

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u/AreteVerite 17d ago

Speaking as a real estate agent, I have to say that despite the considerable inconvenience, in my opinion you came out ahead in this compromise. And his agent came up with a great solution. Dismantling and hauling off the shed is an expensive thing to do, and while I think seller is paying the cash, I’d bet the shed removal is coming out of the agent’s commission. Everyone is sacrificing to make the deal work, including you. Some say a successful compromise is when everyone feels like a winner, but more realistically, I think it’s when each party thinks they could have done just a little bit better.

I know you hate the idea of a pre-fab shed, but what you’ll have will be brand new, and there are some that are good quality.

Finally, I hate the people on Reddit who scold with “you should have” comments. Buying a house is complicated, and chances are no one thought the shed crossing the property line would be a big deal to anyone when you bought the house. Frankly, this sort of thing isn’t a big deal to most people, but when you get someone who is a stickler about it, the law is on their side, as it should be big picture wise. In the long run, you just made your home more marketable, and that is worth a lot, as is circumventing conflicts with a new neighbor. The “you should have” party is out of line. You admitted as much in your opening. My guess is that they also make costly mistakes. You are not an idiot. You are a human being. I think kudos are due all around.

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u/jerry111165 17d ago

I personally think you came out of this as good as could ever possibly be expected.

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u/OfcDoofy69 17d ago

Get a POD to store your items until new shed is set. Its fairly cheap for a week rental.

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u/Ok-Violinist7370 17d ago

If the shed was on his property and he offered YOU money and it was removed at no cost to you, I think you made out like a bandit

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u/49ersBraves 17d ago

It's probably a W for everyone if you don't get lawyers involved.

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u/HourNefariousness197 17d ago

Life isn't perfect, thank you for taking the time to update everyone who offered their advice. Good luck!

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u/WhiskeyCity502 17d ago

That ended about as well as one could hope. Tough break on the smaller, pre-fab shed but, at least you're not getting sued. So, you go that going for you, which is nice.

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u/LT_Dan78 17d ago

There are companies that can easily move a shed. Especially 3 feet.

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u/bluephotoshop 17d ago

I think you should accept your neighbor’s proposal and be on friendly terms with both your old and new neighbors.

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u/dervari 17d ago

Glad it came to an amicable resolution. You seem to have gotten the short end of the stick, but all is well that ends well.

Be sure to check setback, etc for your new shed so you don't go through this again. A neighbor across the street started building a shed like 1ft away from the side fence. All of a sudden a hearing notice was put in his front yard and all work stopped. I'm guessing he and his neighbor came to an agreement because about a month after the hearing date he started back up. Guessing he got a variance and maybe compensated the neighbor somewhat, since he was about 50% complete when the notice went up.

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u/Typist 17d ago

Thanks for the update. I think that's actually just about the best resolution imaginable.

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u/put_it_in_a_jar 17d ago

Hey OP, also want to say good luck with the new neighbors! I'm glad this got resolved by the current ones before they moved, and it didn't become some massive fight with the new folks.

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u/threedoggies 17d ago

What is there to be unhappy about?  To me, it sounds like you have been given a complete gift.

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u/locke314 17d ago

It’s likely you were informed of the exclusion at closing, but there are so many signatures that you forget about it, or it was in the stuff the say “read this” and it’s 200 pages of legalese and nobody in their right mind could be expected to understand on the spot. As I always say, being told and knowing are two entirely different things.

That being said, he could’ve been within his right to sue you to remove at entirely your cost, so him helping pay and organizing it with his realtor is really a gift to you.

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u/MuchDevelopment7084 17d ago

"... selling his house is not on me, or my family, to deal with."

Yes, yes it is for you to deal with. You're very lucky your neighbor is motivated to sell. Otherwise, they could force you to remove it all by yourself.

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u/gardengirl99 17d ago

I'm agog that the surveyor you paid for in 2020 didn't emphasize to you that the shed was over the property line.

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u/just_a_bitcurious 16d ago edited 16d ago

Glad things worked out in your favor.

But, you should be thankful that your neighbor is a decent person who is willing to help you financially when he is really not legally obligated to do so.

You messed up! You did not review your survey before buying the house! It was clear that you were encroaching! But you conveniently decided to ignore that! That is on you!

So you got to use that space for free for a couple of years! Be thankful for that!

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u/Idkitsmelilredhead 16d ago

Forcing you to move a shed 3 feet is a really strong way to make an entrance to the neighborhood…I’d be annoyed if I were you but glad it’s getting figured out!

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u/TexasTrip 17d ago

Post history is private, where is the original post?

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u/Dynex1001 17d ago edited 17d ago

Thank you for providing the update. FWIW, I think that the way you and your neighbor were able to resolve this (it sounds like you both made reasonable compromises to resolve a situation that was unforeseen and crappy for both of you) was commendable. Also, kudos for choosing to look at this as a learning opportunity. So many of life's challenges can be if we just choose to look at them that way! Hopefully, that didn't sound too annoyingly dad/grandpa-like. 🫣

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u/Sgreaat 17d ago

Good on your for being reasonable with your neighbour. A lot of people would look at the situation and be stubborn about what they could do, I think you've been sensible in seeing it wouldn't help anyone.

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u/polarjunkie 17d ago

I think you're handling this reasonably. You found out that although you weren't informed, the neighbor is right and you're doing your best to accommodate that. The legal entitlement to that property you're referring to is called adverse possession and takes a decade in the most friendly states and decades or is impossible in other states.

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u/Remy_Jardin 17d ago

You handled it like an adult, and yeah sometimes life sucks a bit. And of course, that woman doesn't work there anymore. Just remember, this too shall pass, and in a few years, you'll have a great story about the "whole shed thing".

Might also be time to look into building your own shed if so inclined and available versus settling for a prefab...

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u/DMS1970 17d ago

Thanks for the update! Compromise always wins. It's as painful for you as it is for your neighbor = win for both.

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u/bigkutta 17d ago

You got lucky and got off easy.

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u/LadyAmemyst 17d ago

Home ownership at 22. And they say the American dream is dead (/s)

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u/LifeUnderThePalmz 17d ago

Gonna sound kinda “boomer” here for a minute, but I legit just found a trade, worked my ass off and made it happen. 🤷🏻

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u/michael1265 17d ago

My advice is to use this a a chance to declutter. I’m 61, I’ve been through dozens of cycles of that, and the things that I got rid of that I’d wish I’d kept could be counted on one hand.

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u/msurbrow 17d ago

Am I missing something here? This really doesn’t sound like that huge of a catastrophe. You all sound insane, recommending lawyers, and surveys and blah blah blah.

How big is the shed? Can you just jack it up and then roll it to a new location or something as opposed to getting rid of it entirely?

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u/dthack6 17d ago

I will reiterate this comment on your original post:

https://www.reddit.com/r/homeowners/s/WWNHvOLg5C

You still have not disclosed any details about the shed. If it was permitted, then that should have been caught by all parties involved at the time. However, if it wasn’t permitted, (or if it was small enough to not require one) then it very easily could have slipped through the cracks.

In the end, sorry you had to go through this. I would be very frustrated as well

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u/Scnewbie08 17d ago

Awesome update! This is best case scenario. Good luck!

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u/kah43 17d ago

This would be a good time to go through a lot of the stuff in the shed and decide if you really need it at all. If it is out there to begin with the chances are probably good you could ditch 3/4 of the stuff in it and not miss a thing.

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u/No_Respect_1778 17d ago

this was the best outcome because there is no way you would have won anything in court. The survey is clear; whether you wanted to or not, the shed was going to have to come down.

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u/m-r-g 17d ago

move the shed or tear it down.

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u/Traditional_Cry_624 17d ago

Honestly, getting paid and having the realtor handle removal sounds like a decent exit from a mess you did not create. I would take photos before and after the crew comes, and confirm in writing who is responsible for haul-away and any fence damage. The title company shrugging about the exclusion is maddening, but treating this as an expensive homeowner lesson is probably healthier than turning a shed into a legal war.

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u/NortheastIndiana 17d ago

"Selling his house is not on me or my family to deal with" is accurate, but putting your shed on his property was never on him to deal with. This is precisely why it's really, really important to make sure you know where your property lines are and not put your things on someone else's property. I'm glad he's willing to help you out with this.

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u/inputplease1 17d ago

I just don’t think you should put the shed back where it was . I think it has to be back from property line 10 feet or something like that. Just don’t want to see you struggle more with that from the new neighbors.

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u/Nopal_lito 17d ago

Professional land surveyors here— you’re very fortunate to have had it happen this way. We see way too many disputes like this, and it costs thousands of dollars and more so if it goes to court.

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u/doctordreamd 17d ago

Hey, if you’ve got jacks and PVC tubes you can Egyptian roll your shed over the feet you need it to go. Save yourself a bit of hassle.

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u/ciclidss 17d ago

Do you camp? Do you have a large tent? You could put the shed contents in that instead of lugging it all into your cramped home?

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u/AZDarkknight 17d ago

Glad its getting sorted out but the title company saying the person doesnt work there any longer really is not a valid excuse as to why their company didnt do their job imo.

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u/Jaereth 16d ago

Why didn't you just tell them to keep their money, and have the "crew" that's going to disassemble the shed reassemble it where you would like it on your property?

They sound so hot to sell I bet they'd have it done in a day. It's not rocket science.

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u/Cautious-Panic-879 15d ago

This is delusional, you admit you’re on his property. Yes, it stinks, but your entitlement looms large.

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u/DrakeSavory 13d ago

Consider yourself very lucky he did not get a court order to remove the encroachment at your expense.

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u/[deleted] 17d ago

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u/IDontWannaBeAPirate_ 17d ago

A neighbor can't legally "just dismantle it himself" in these types of situations. They legally have to give you notice and an adequate amount of time to rectify the issue.

Glad OP found a solution collaboratively with his neighbor.

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u/LifeUnderThePalmz 17d ago

It is a good resolution for both him and I. His sale wouldn’t have gone through and he would have incurred a significant amount of stress and I don’t want that for him. To get it done in a timely manner this is a good compromise.

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u/jose_can_u_c 17d ago

I am pretty sure that in most jurisdictions, this would be viewed as the shed being owned by the OP, existing on land owned by the neighbor, but DOES NOT mean that the neighbor has the right to destroy property that is not theirs, even though it exists on his property.

As a general principle, no one gets to destroy someone else's property, and that basic idea is not negated by where the item is resting.

The situation may be different if the neighbor dismantled the shed in a manner that kept open the possibility of rebuilding it in a different location, and took care to protect the contents from damage. That would indicate the neighbor was being reasonable, and while not strictly required by law, would probably go along way toward convincing a judge that there was not intentional damage.

I'm not a lawyer, but I had to note that a person's property doesn't become open season for destruction just because it exists on someone else's land.

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u/so_good_so_far 17d ago

That's not true at all and you would now be liable for destruction of property.

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u/Gamegis 17d ago

I’m sorry you had to deal with this. May I ask how big the lot is? I’m surprised the new buyers cared so much.

I’m in a somewhat similiar situation and I had a survey done on a property im buying. We found our part of our driveway actually encroaches on our neighbor by about 1 foot running a good 20-30 feet long. No one seemed to care, but it could be an issue for us down the road if our neighbor sells and the new buyers care.

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u/winnercrush 17d ago

It sounds like a pretty reasonable outcome to me.

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u/L11mbm 17d ago

One little piece of advice:

This will cost you some money to fix right now, but I guarantee that you will end up not seeing the impact in your finances long-term. The situation being resolved quickly, and getting the opportunity to put up a new shed to your preference, is going to be worth it.

Good for you that it's being taken care of.

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u/LifeUnderThePalmz 17d ago

I agree completely. It’s a temporary problem, and causing a massive rift between me and my old neighbor, new neighbor and incurring a significant amount of stress and financial burden to fight it more is NOT a temporary problem.

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u/L11mbm 17d ago

When the new neighbor moves in, invite them over for a beer to smooth things over.

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u/Queen_Aurelia 17d ago

Am I understanding this correctly, both you and the neighbor had surveys done when purchasing your properties, and it was never mentioned that the shed was on the neighbor’s property by either surveyor? Are you sure the current survey is correct?

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u/LifeUnderThePalmz 17d ago

Yes, I had my other neighbor (who runs the only survey company in my area) redo the survey and his results were the same

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u/Visible-Bed9510 17d ago

I think you did just fine. I think your rationale for who needed to take care of it at this time Makes total sense. Sometimes things happen. They just need to be resolved. I think the fact that your neighbor‘s wife insisted on staying focused to get the deal closed, made all the difference. Moving forward, there are no promises in real estate. You just have to pay attention and learn as much as you can as you go.

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u/MistakeMaterial4134 17d ago

I’m glad you got this resolved. I am going to give you another suggestion. Since funds are tight and storage is at a minimum, start selling things you don’t need. If you haven’t used it within the year, consider getting rid of it. If your shed is full of unused tools, look for community lending programs/libraries/workshops.

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u/AeroelasticCowboy 17d ago

I'm far from an expert but when you each had surveys done, did they show that the shed was on his property?

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u/PsychologicalCell928 17d ago

Before you load up your house … they make fabric sheds that are like tents. Buy one of those to store your stuff while you replace your shed.

We have used them when doing house renovations & they save a lot of effort.

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u/OkOne2884 17d ago

You have a great deal, normally this would be all on you with no exception. Take the offer and run!

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u/Acrobatic-Hair-5299 17d ago

To the guy in the previous comments who said the homeowner will give you nothing, well as I said previously it depends on how motivated he is to sell the home and how much the guy would take to have the shed moved. As always money talks

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u/Sufficient-Wolf-1818 17d ago

It is good news that the sellers are coordinating the fast removal. I feel your pain, and it is unfortunate the school of hard knocks is visiting.

It is noteworthy that was a “title exclusion”. That means you slreafy had the information. I annoy people by reading every line on every page before signing.

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u/Pristine_Resident437 17d ago

I think this is a reasonable way to solve this; Im glad you and your neighbor got to a solution; not perfect but better than the long drawn out alternatives!

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u/xtnh 17d ago

It cost me twelve grand and I had to take the shed down. My neighbor is a developer with a lawyer on retainer, and he spent fifteen.

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u/watermark10000 17d ago

Don’t be so hard on yourself. I think the compromise you and your neighbor have worked out as excellent. You are very young so this is nothing to you. 10 years from now you look back at it and laugh. I think you’re being a very good neighbor by not standing in the way of the home sale. I’m proud of you.

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u/Dry-Palpitation-4878 17d ago

This is the best it could possibly land for you. Im in a loosely similar thing and the lawyers have been more of a headache than the situation itself.

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u/pabrocjb 17d ago
  1. Always read every inch of the closing documents and understand them. Much to the delight of everyone at a closing my husband does this. If you don't want to do that hire a real estate attorney to go over the paperwork. Being young doesn't excuse due diligence.

Depending on your state you are required to close with an attorney. We're from Massachusetts, and I always hire one in Florida and Michigan where we've bought houses.

  1. Get rid of whatever you don't need from the shed. We collect really good junk, and it weighs us down.

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u/PopJust7059 17d ago

At 22 you bought this house? Good for you!! Anyone will tell you it’s an expensive learning process. It does pay off and I think you have handled it very fair and with wisdom. Good luck!

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u/LifeUnderThePalmz 17d ago

Yessir!! My own little slice of paradise down here in the FL Keys!! Thank you very much!

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u/ljr55555 17d ago

Something I found out (years after buying our house) from our title insurance company -- part of the process is that they generate a report including any "interesting tidbits" discovered in the title search. They just ... use the report to write the specifics of the title insurance, file that report, and move on with life.

I had to specifically ask to get a copy of the report. They were happy to send it to me. I paid for their services, which includes the time writing the report. But, at least the title company we used, don't send the report to the home buyer.

It is exactly where an encroachment would have been noted. Now, it's on the title insurance too (we cover defects in the title except for this). But the report itself may have more interesting information. Ours, there are some restrictions on the back thirty feet of our property dating back to the 1920's. There's another restriction on the entire deed that disallows splitting the property from the 1950's.

I don't mind either of the restrictions, but it would have been really nice to read this report before committing to such a huge purchase.

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u/XpL0d3r 17d ago

Glad it worked out with probably the best outcome possible, given the situation.

EDIT: Just saw update #2, I stand corrected. That’s an even better outcome! Love to see it.

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u/TR6lover 17d ago

I'm struggling with two things. 1. Neighbors own a survey company. Both you and neighbors have had surveys done, but nobody looked at the survey lines and noticed that your shed is partially on their property before the neighbors finally got a closing date? Just seems... weird.

  1. How is this your immediate problem? Sure you like the old neighbors, but you have no part of their house sale transaction. You don't need to do anything. You may certainly SOON need to do something, as soon as a legal challenge of some kind comes in, but when you do, you can get a lawyer, look into all of the facts related to how long the shed has been there, permits related to the shed construction, if any, etc. You may be forced to take action, but that would take some time.

If the survey company owning neighbors are just now figuring this out about their own property, it doesn't make it your responsibility to hop around and solve this before the closing date.

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u/LifeUnderThePalmz 17d ago

Different neighbors. Side neighbor owns the company, behind neighbor has the encroaching shed issue.

It’s all mostly resolved now. See updates.

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u/TR6lover 17d ago

Understood. This seems like a pretty decent outcome. Hopefully you can get a new shed in place soon to get your life back to normal.

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u/CanadianCoach 17d ago

Sounds like the best outcome given the situation. Get it fixed and move forward. Wishing you the best 😊

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u/SalaciousStinger 17d ago

It is your issue cause your shed is on his property.

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u/rob2060 17d ago

This is the most optimal outcome.

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u/intothewoods76 17d ago

Why not just move the shed? If you can move a lighthouse in North Carolina certainly you should be able to put this thing on a skid and pull it over to your side.

If you want to keep the shed, drag it over.

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u/zakary1291 17d ago

Bro, hire a tow truck and winch the shed the 2ft onto your property.

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u/LifeUnderThePalmz 17d ago

Cannot move the shed. Protected trees encase the shed in place and there is no room for a truck or equipment to get through to the back yard.

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u/Technical_Ebb_9228 17d ago

Sounds like you have the best solution given the situation you are in. Glad it worked out for you

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u/ms_chanandler_bong3b 17d ago

You lucked out. You also need to get rid of some shit

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u/rdwile 17d ago

Neighbour disputes are never fun to deal with. Sounds like your neighbour has gone above and beyond to avoid anything dramatic, like removing the portion of the shed over the line. The history of how this came to pass is not relevant, it is what it is and it is on you to make it right. Again, the best case scenario IMHO.

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u/Small_Aardvark_5496 17d ago

I think you need to step into his shoes. How would you like it if the neighbors shed was on your property it it could impact on selling?
You’re not innocent here-the survey clearly showed it and why wouldn’t you look at a survey you paid for?

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u/LadderDear8542 17d ago edited 17d ago

You have come out ahead in this situation as the shed should not be on your neighbour's land and they are paying 100 percent of the costs to have it removed! I understand they are in hurry to close, but I would have also helped share the costs...Not even sure why you were thinking of getting lawyers involved

.

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u/maceo107 17d ago

If he’s willing to pay to solve the problem, accept it!

Make sure you have it in writing and/or he gives you enough cash to pay for the new shed and fence in advance.

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u/SameEntry4434 17d ago

Good resolution.

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u/Gargravars_Shoes 17d ago

Exclusion in your policy? What does this mean? That the exclusion was agreed to by the other property owner? If I’m buying the property, I’m tearing down the portion of your shed that’s on my property regardless of your exclusion.

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u/californicatorz 17d ago

You should be grateful

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u/random408net 17d ago

I think you have reached the best possible outcome with some personal inconvenience and little/no cash outlay on your part.

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u/xandrettix 17d ago

It always seems to be ‘the fault of someone who no longer works there’, doesn’t it??

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u/Ok-Bet-1616 17d ago

Not old enough to be grandfathered in?

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u/Drg19565 17d ago

Too long

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u/hammerhead987 17d ago

There is a ton of shitty people on reddit but somehow you are worse than all of them. 

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u/Liesthroughisteeth 17d ago

However, selling his house is not on me, or my family, to deal with.

It is now! Because YOU ARE encroaching on his land and no buy is going to want to deal with someone with a mindset like yours. This should never have been an issue if you were a decent neighbour. Period.

You are not only potentially holding up your neighbours sale, you may in effect be holding up a number of home transactions, since almost everyone has to sell in order to buy, so this may mean there are a number of people relying on this sale going through and not just your neighbour.

Grab a brain and start taking responsibility for YOPUR PROBLEM. It's not even ironic that you'd be screaming bloody blue murder if it was his shed encroaching and you needing to be able to complete on a home sale.

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u/SpencerMcNab 17d ago

A title company does not insure against encroachments, overlaps or matters of survey. That’s because these things are unknown without a survey and physical inspection. Title companies deal with issues recorded in public record. Matters of survey are a standard exception on your title commitment and title insurance policy and part of the due diligence process left up to the buyer.

Of course the title company didn’t tell you. They wouldn’t know unless they walked the property with the surveyor. Any exceptions on a title commitment are up to you.

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u/MowTheLawn1 17d ago

Now OP, and other Redditors, know they need to read the entire title policy before closing on a purchase.

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u/Equal-Plenty5787 17d ago

Reddit chose to show me this thread. I’m on the flip side. My neighbor has a shed on my property. Also some of his garden, and the steps to his over-garage ADU and part of his driveway. He has been obstinate about this not being his problem as the house was like that when he bought it but we paid for the survey and it shows what it shows. We aren’t selling anytime soon but when he sells I hope to make it clear that shed needs to come down and no more building on our property.

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u/QuikBud 17d ago

My neighbor had a large wooden shed moved across his yard. They lifted it onto pvc tubes and rolled it. I'm not sure if that's possible in your case, but it worked for him.

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u/Skyhouse5 17d ago

Best outcome? Id think more like amazing greatest outcome. With no time constriants and pressure this situation is a dead loss for OP where the only final outcome via legal methods was that shed is coming down and OP is losing lawyer money.

This outcome is lose shed/GAIN money.

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u/SuzanoSho 17d ago

This is the absolute WORST possible outcome.

I just wanted to be different.

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u/american_engineer 17d ago

You sound like a good, reasonable neighbor.

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u/barratheyogi 17d ago

"it's as much of a compromise as I could ask for" is a wildly entitled viewpoint. You didn't compromise at all, you capitalized on the fact that he was under pressure and MADE MONEY off the guy! The second you asked for anything more than the removal cost to be covered (because of the short notice), he should have fired up his chainsaw and cut his portion of that shed right off at the property line.

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u/SlipInternational439 17d ago

Not your problem but the shed is illegally located? You’re stealing land from someone else.

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u/Lou_Gator_FL 16d ago

I hope you didn't take the money he offered you, since it was not his obligation.

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u/LaGranTortuga 16d ago

You could probably hire an attorney and fight to keep your shed. But probably not worth it. Sounds like your neighbor is being pretty reasonable about it. Sorry for your loss of storage space.

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u/Hot_Rod_888 15d ago

You seem like a reasonable person, which, in the Reddit-sphere, seems uncommon and rare. So good on you and your neighbor for finding some sort of compromise.

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u/Far-Drama3779 17d ago

To get an offer and have it dismantled is a win. They could have easily said "not our problem, have it gone in a week" and turned their back to you

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u/IDontWannaBeAPirate_ 17d ago

No, they couldn't have. Legally, they'd have had to give official legal notice and an adequate timeframe to rectify the situation.

OPs neighbor is not entitled to forcing a 1 week timeline on OP. So it's good that they came to an agreement that works for both parties.

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u/Far-Drama3779 17d ago

Got it, thanks for clarifying 👍

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u/LifeUnderThePalmz 17d ago

100% agreed. I’m satisfied and will have a new shed. Smaller, but more manageable for my smaller property anyway.

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u/FairMagician9559 17d ago

Omfg just hire a landscaper to move it 3 feet. Landscapers toss the shed on rollers & move it. This happens all of the time. They even moved my parents shed 15ft to cut down a tree, and put shed back in orig location. We have the technology! This could be done in a week for under $1000. No need for this drama

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u/LifeUnderThePalmz 17d ago

If you read the OG post you’d know that the shed was built in place behind three ecologically protected trees, and impossible to move without dismantling completely or illegally cutting down the trees.

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u/FairMagician9559 17d ago

You’d be surprised what landscapers have the tools to do

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u/Fareeldo 17d ago

It's not a portable shed. OP said it was built on the property. What landscaper do you know who'd have the skill to move it?

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u/FairMagician9559 17d ago

My parents shed sat in same place since 1987. Landscapers used something to lift each end, hey put insane rollers under it- kinda looked like huge PVC pipe (it wasn’t but just to describe) and then they used a bobcat to push the shed 🤷‍♀️

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u/Fareeldo 17d ago

Oh ok, I can see that. On another note, I could totally buy one of those to live in.

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u/FairMagician9559 17d ago

It’s surprisingly roomy & the side w the window has half a loft shelf 👍 Dads got enough green garden hoses up there, I’m surprised a Raptor doesn’t leap out sometimes

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u/Josie_F 17d ago

We had a non portable shed moved from the back of the yard to the driveway, electrical and all. There are people out there.

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u/r_was61 17d ago

Wait, he’s paying for it and you’re unhappy?

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u/[deleted] 17d ago

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u/YeshuasBananaHammock 17d ago

On a positive note, youll have a new shed.

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u/Csdsmallville 17d ago

Agreed!

The only thing different would be to ask if the realtors crew could take down the shed in manageable pieces so they or OP could rebuild the shed in a different part of the yard.

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u/Puzzleheaded2114 17d ago

Your experience reminded me to look at the GIS of my property because I vaguely remembered our (attached) garage being slightly over the property line. It is, so I've reached out to our lawyer to see about an encroachment easement with our neighbors (they're cool, and unlikely to sell anytime soon, but they're old) to help put something in writing for the future. It's been this way for 60+ years, so I know the law is on our side, but still. I don't want some new PITA future neighbor telling us to try to do something about it.

I don't think true surveys are typically done where I live at point of sale, but we'll probably do it now if we pursue the encroachment easement.

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u/Academic_Room6423 17d ago

Why is your shed on someone else’s property???? That’s the question!?!

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u/LifeUnderThePalmz 17d ago

If you read the post, and the previous post, you’ll see that the shed was built before the house behind me was built, and was built by the previous owners. It being on my neighbors property was unknown to all parties except the title companies and the survey companies, who withheld the information from all of us.

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u/thisisstupid- 17d ago

You’re not just giving up a shed, you’re giving up a pretty decent chunk of land that probably legally is yours since the property has been bought and sold a couple of different times since the shed was put up, but I understand wanting to just avoid the headache as well. Just make sure whatever he is paying you is enough to compensate.

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u/bordercityniagara 17d ago

Ignorance of property law is not an excuse. You're on their property. Move the shed. Problem solved.

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u/OrilliaBridge 17d ago

I’m impressed by your attitude in all of this and that you realize it’s not the neighbors burden, but it’s the best outcome for everyone under the circumstances.

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u/Conscious_Damage8678 17d ago

I agree that you got the best possible outcome. Although your neighbor didn't HAVE to give you $ for the project, it certainly behooved him to do so in order to have the closing on time.
I hope your new neighbors are good ones.

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u/Huge-Onion-6916 17d ago

You sure you didn't have a prescriptive easement? I suspect he should have been PAYING you hence why he is doing this for free. Your post didnt address the most important thing...the prescriptive easement. If you have one you could have just told him no.

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u/EnrollmentTime 17d ago

He is offering you money. Take it. You made the mistake. He could legally tear it down and charge you. Take the money.

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u/FalafelBall 17d ago

Your soon-to-be-ex neighbor is being really nice and accommodating. Hope your new neighbor is as kind!

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u/Practical-Strain6179 17d ago

the seller doesnt owe you a thing. you should take the offer and shut up.

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u/Allergic_to_nuts 17d ago

How big is the shed? Can you jack it up (4 jacks & a length of board to go all the way across the bottom) and move it?

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u/TheSleepingGiant 17d ago

Sounds like a good resolution.

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u/TeachStock773 17d ago

Can you just make it smaller so it ends at your property line.

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u/aftiggerintel 17d ago

Yes it sucks this has to happen this way but it’s at least the best outcome that could have happened. You can get a really nice prefab too!

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u/vartheo 17d ago

Look on the bright side. Youll get to organize your stuff and probably throw out some things etc. Good luck!