Results 1 to 7 of 7
  1. #1
    Join Date
    Feb 2020
    Posts
    13

    Default What Can I Do Since My House is Built 3 Feet (Just Had It Surveyed) on Someone Else's

    My question involves real estate located in the State of: Alabama

    When we built the house, we were supposed to be getting the land (7.5 acres) next to it (of course like idiots we have nothing in writing) from the in-laws. Now that a dispute came up they refuse to sell it. We have been here a little over 5 years and he knew we were building it on or near the line. He even would come over and help, and talk to the contractors. So there is no way he can say he didn't know we were building it there. Heck, we have even have our shed on that part of the property for 5 years. There is no way this house can be moved since it has a basement. We sent them a message that they read and asked for them to sell us 23 ft so we can be 20 ft off the property line at FMV. As of know, we haven't received a response. What's our options?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: What Can I Do Since My House is Built 3 Feet (Just Had It Surveyed) on Someone El

    Doesn't matter what they knew, said, or did. "Supposed to be getting the land" is not enforceable.

    What's our options?
    Option 1 - Obviously - buy a 23 ft strip at FMV.
    Option 2 - If they don't want to sell at FMV, offer a lot more than FMV until you reach a price that they can't resist.
    Option 3 - If they don't want to sell at all, get a lawyer and sue for an easement by necessity.

  3. #3
    Join Date
    Feb 2020
    Posts
    13

    Default Re: What Can I Do Since My House is Built 3 Feet (Just Had It Surveyed) on Someone El

    Quote Quoting adjusterjack
    View Post
    Doesn't matter what they knew, said, or did. "Supposed to be getting the land" is not enforceable.



    Option 1 - Obviously - buy a 23 ft strip at FMV.
    Option 2 - If they don't want to sell at FMV, offer a lot more than FMV until you reach a price that they can't resist.
    Option 3 - If they don't want to sell at all, get a lawyer and sue for an easement by necessity.
    Thank for the reply....Hopefully, they will allow us to by the 23ft. If not, we will have to go to court and hopefully the judge will allow us to get an easement so we can sell our house.

  4. #4
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: What Can I Do Since My House is Built 3 Feet (Just Had It Surveyed) on Someone El

    Quote Quoting Kramer35045
    View Post
    My question involves real estate located in the State of: Alabama

    When we built the house, we were supposed to be getting the land (7.5 acres) next to it (of course like idiots we have nothing in writing) from the in-laws.
    You have a real problem here. Let's start with the fact that you only have 5 years of history on the use of the neighbor's property. In Alabama, the time period requirement is 20 years for a prescriptive easement or for adverse possession, or 10 years if the person using the land had color of title and paid taxes on the property. So that doesn't help you.

    It was suggested that you may be able to get an easement by necessity. However, an easement by necessity does not apply to your situation.

    An easement by necessity addresses the ingress and egress to a property when the two properties were once owned by a single owner and no provision was made to access one of those properties (during subdivision) and it becomes landlocked.

    The three elements that need to be proved are:

    (1) “that he has no other reasonable means of getting across his land”;  (2) “that ․ the owner of the dominant estate ․ and the ․ owners of the servient estate ․ have derived their title from a common source”;  and (3) that “the easement sought [is] reasonably necessary for the enjoyment of the dominant estate.”   Vaughan v. Barr, 600 So.2d 994, 995 (Ala.1992).
    You don't have an ingress/egress problem. You built your home 3 feet on property you did not own. There is no good remedy for that situation after only 5 years.

    There are basicly 7 ways of creation of an easement in Alabama (and in most states) they are:  (1) By express conveyance, (2) by reservation or exception, (3) by implication, (4) by necessity, (5) by prescription, (6) by contract, and (7) by reference to boundaries or maps. There is also one more and that is an equitable easement where the cost to the dominant estate far out weighs the cost to the servient estate.

    The facts really do matter in this situation. Getting an equitable easement is complicated and if the neighbor knew that you were building over the property line there is a doctrine of estoppel involved where he knew what you were doing and did nothing to stop you.

    You need an attorney plain and simple.

    FYI, there are plenty of cases in all the states where a structure had to be removed because it was built over a property line or infringed on an easement.

  5. #5
    Join Date
    Feb 2020
    Posts
    13

    Default Re: What Can I Do Since My House is Built 3 Feet (Just Had It Surveyed) on Someone El

    Quote Quoting budwad
    View Post
    You have a real problem here. Let's start with the fact that you only have 5 years of history on the use of the neighbor's property. In Alabama, the time period requirement is 20 years for a prescriptive easement or for adverse possession, or 10 years if the person using the land had color of title and paid taxes on the property. So that doesn't help you.




    The facts really do matter in this situation. Getting an equitable easement is complicated and if the neighbor knew that you were building over the property line there is a doctrine of estoppel involved where he knew what you were doing and did nothing to stop you.

    You need an attorney plain and simple.

    FYI, there are plenty of cases in all the states where a structure had to be removed because it was built over a property line or infringed on an easement.
    I appreciate the input even if it is bad news. Again, we are the idiots that trusted her parents would do what they said they would do.....lesson learned. Based off your input I'm assuming this doctrine of estoppel is our only chance of a remedy here? I guess if the house is to be moved or torn down, it will just have to be foreclosed on.

  6. #6
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: What Can I Do Since My House is Built 3 Feet (Just Had It Surveyed) on Someone El

    Quote Quoting Kramer35045
    View Post
    I appreciate the input even if it is bad news. Again, we are the idiots that trusted her parents would do what they said they would do.....lesson learned. Based off your input I'm assuming this doctrine of estoppel is our only chance of a remedy here? I guess if the house is to be moved or torn down, it will just have to be foreclosed on.
    Did you get title insurance when you bought the land? I don't know if this is covered or not but if you do have it, call your title insurance company and report this.

  7. #7
    Join Date
    Feb 2020
    Posts
    13

    Default Re: What Can I Do Since My House is Built 3 Feet (Just Had It Surveyed) on Someone El

    Quote Quoting adjusterjack
    View Post
    Did you get title insurance when you bought the land? I don't know if this is covered or not but if you do have it, call your title insurance company and report this.
    Not sure if I did or not. I wouldn’t want to go that route since it was my brother in law that built it. He built there cause like us, we thought we were getting the land. Live and learn

    1. Sponsored Links
       

Similar Threads

  1. Fences and Walls: Neighbor's Fence Was Built Three Feet Over the Property Line
    By -CJH- in forum Real Estate Ownership and Title
    Replies: 10
    Last Post: 10-07-2015, 11:30 AM
  2. Easement Use and Enforcement: Power Lines 5 Feet from My House
    By jtharpe in forum Real Estate Ownership and Title
    Replies: 5
    Last Post: 07-14-2014, 10:08 AM
  3. Adverse Possession: Some One Built House on My Land
    By 13chandresh@gmail.com in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 04-05-2012, 03:47 AM
  4. Fences and Walls: Neighbor Built Wall 5 Feet into My Property
    By joseacos in forum Real Estate Ownership and Title
    Replies: 4
    Last Post: 01-04-2012, 11:08 AM
  5. Adverse Possession: House Built on Wrong Lot
    By Modify_Inc in forum Real Estate Ownership and Title
    Replies: 5
    Last Post: 02-02-2009, 08:17 AM
 
 
Sponsored Links

Legal Help, Information and Resources