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Adverse Possession
My question involves real estate located in the State of: South Carolina
We purchased a home that is 55 years old . At the back of the property was a concrete slab .We built a shed on top of it and later found out it was over the property line by 3 feet . We now want to sell the house . Do we have to move the shed or is it grandfathered in and its ok to be there ? What are my options ?
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Re: Adverse Possession
An adverse possession action, or lawsuit to obtain an easement, will be expensive and time consuming, and it's not clear that the amount of land at issue is worth the fight. Consider asking the neighbors to sell you the land (assuming it's possible under local zoning), or to grant a formal easement permitting you and your successors in title to keep the shed there.
All in all, it it's what it takes to avoid delaying or complicating the sale of the property, I would probably move the shed. But if the neighbors will help you out so you don't have to, and even better if they'll formalize an easement as a favor, all's the better.