Results 1 to 7 of 7
  1. #1
    Join Date
    Jul 2008
    Posts
    3

    Default Storage Building Encroachment

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

    When I purchased my home 30 years ago there were no clear marked boundaries. We wanted to put up a fence some years later, so we had a survey done at the prompting of our township. We found that one of the storage shed from the property next to us was partially on our property. We did not purse having the owners move the shed at that time. The original owners has since died and their son inherited the house and property. (About 5 years ago) I had asked him to move the shed about a year ago because someone had started living in it and we lost our back yard privacy. He did not response. I again ask him to move it a couple days ago after a verbal dispute with the person living in the shed. He still did not response favorably.

    Do I have a legal stance to pursue having the building moved or torn down?

    Thank you

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Storage Building Encroachment

    What did you say during the 29 years between when you discovered the encroachment and when you first inquired about it?

    You can bring an action for trespass, to try to have the shed removed. He may countersue for adverse possession.

  3. #3
    Join Date
    Jul 2008
    Posts
    3

    Default Re: Storage Building Encroachment

    We did not discuss moving the shed with the previous owner because it had not been used for living quarter during the first years. The lady that lived there previously had told us that she thought the shed was on our property. She had lived there by herself for most of the 30 years and we had been good neighbors to each other. Now there is a person living the shed, a person living the garage (plays drums daily) and the owner and (wife?) live in the house. I would just like to get my back yard privacy back by moving the shed off my property and continuing the existing stockade fence in it place.

  4. #4
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Storage Building Encroachment

    It sounds from your description that the use may have been permissive.

    If so, there can be no adverse possession claim.

    Mr. K is right and you will need a local real estate attorney to sort this out.

  5. #5
    Join Date
    Jul 2008
    Posts
    3

    Default Re: Storage Building Encroachment

    Thank you for responses. I will seek further legal assistance.

  6. #6
    Join Date
    Oct 2008
    Posts
    18

    Default Re: Storage Building Encroachment

    I'm coming from a real estate background, not a legal one, but one suggestion might be to contact the Building/Zoning Dept or Health Dept to inquire as to whether the shed can legally be occupied as a "residence".

    Maybe if no one could live in it, and it went back to being a storage shed, your problem would be solved.

  7. #7
    Join Date
    Nov 2008
    Location
    NC
    Posts
    2

    Default Re: Storage Building Encroachment

    I had the same thought. Having been a "shed", I doubt it is up to any code for habituation. There must be proper sewage, insulation, wiring, etc. to make the shed livable by county/city/state standards. This may resolve itself when he is found to be living in a shed.

    1. Sponsored Links
       

Similar Threads

  1. Replies: 3
    Last Post: 05-18-2011, 03:44 PM
  2. Building Encroachment from 5 Years Ago
    By Baldwin Buck in forum Real Estate Ownership and Title
    Replies: 8
    Last Post: 12-30-2009, 03:31 PM
  3. Building Encroachment in California
    By DNEWMAN in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 11-14-2009, 09:08 AM
  4. Building a Storage Room in My Yard
    By bbmak112508 in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 08-16-2008, 07:38 AM
  5. Repair and Maintenance: Owner's Liability Where a Climate-Controlled Storage Building Flooded
    By Gerhard in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 11-27-2007, 03:45 PM
 
 
Sponsored Links

Legal Help, Information and Resources