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  1. #1
    Join Date
    Apr 2008
    Posts
    1

    Default Neighbor's Structure Over Property Line

    My question involves real estate located in the State of: Virginia.

    We recently moved into a new house. When we received the copy of our plat, it showed that a structure of our neighbor's (apparently an old shed?) was over our property line. We'd like him to move it so we can move forward with fence-building plans.

    Normally I would just ask him to please move it since it's small and doesn't seem to be in use. But this neighbor has been so contentious and rude since we moved in (our house is new and until it was built, he had no neighbors on either side and he's not adjusting well) that I feel like I need to address this formally and I don't know how to get started.

    I talked to a county official and she said it's a civil matter so I need to handle it myself -- so what's next? Certified letter with copy of plat, getting an RE attorney? Both?

  2. #2
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Neighbor's Structure Over Prop Line - How To Handle?

    IMO, an RE attorney could get you results quicker (since the neighbor seems unapproachable about the problem).

    However, do not expect the neighbor to stop being rude. These types of things usually do not end pretty.

  3. #3
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Neighbor's Structure Over Property Line

    First, I would contact the surveyor who's name is on the plat and ask if it is a mortgage inspection survey or actually a boundary survey. You and the surveyor need to be very clear on this.

    That is the first thing your attorney would do and you can save some time.

    If your plat is a boundary survey showing an encroachment, then a letter is the next best step and you can write it yourself but you will much better off having an attorney write the letter.

    This should not cost you a retainer but an hourly fee. There is no impending court case at this point.

    In my experience (anecdotal and not legal practice) the letter resolves the problem in eight out of ten cases.

    Best of Luck and let us know how it turns out.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Neighbor's Structure Over Property Line

    and when all is said and done, realize the neighbor may have a presciptive easement that would allow the shed to stay right where it is.

    too many very specific details to address on a forum. An attorney that specializes in real estate would be the best option to review all the germane facts and assist is a remedy.

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