What would you do? 150'X50' peice of my nieghbors backyard

wwubben · #21 01/19/08, 12:59 PM

Go talk to the neighbor and see what they think the situation is.Do not take anything for granted.You can then decide how to move forward with this situation.

LisaInN.Idaho · #22 01/19/08, 01:42 PM

IMO, you'd be better off talking to them about it and if you don't care that they are using it right now...give them permission in writing and keep a copy on file.
If they continue to use it without your permission for a certain period of time, they can simply take it from you without compensation under the adverse possession laws. If you give permission, they can't.

nathan104 · #23 01/19/08, 04:14 PM

Well, I would not simply forget about it because I owned another 25 acres. If it was included in the sale then it is YOUR property, so why give it away? It sounds like it could be a valuable second access to your property. If you were to sell off part of your 25 acres down the road, it will be that much more valuable because it has its own deeded access. If the neighbors had a pool on my land I would definitly bring it up as that is a huge liability. First, you need to make sure the land you think it is actually IS the land you think it is. You can mention it to the neighbor and if he says he thinks its his or doesnt know what you are talking about, I dont think you will be able to do anything else without a survey.

But, for what its worth, my opinion is to hang onto it as it could be valuable down the road.

Cheryl aka JM · #24 01/19/08, 04:26 PM

Thanks for all the advice everyone.
Hubby and I decided Sunday afternoon we would just go on over and ask them about it.......
I'm hoping the already know it's not thiers and we won't have a problem. I don't mind them using it (oops~ had to edit that cuz I typed it wrong first time!)~ but after all the advice here...........
I need them to sign off that they know that is not thier property~ that the obviously nice NEW fence on my property is mine (or they can take it down)~ and to either move the pool or get something drawn up saying they accept all liability for that pool and any incidents occuring on that peice of property while they are using it. Other than that~ I don't have any use for that peice of property and I don't see me having a use for it any time soon. If they are willing to work with me~ I would be willing to sign something that says they are welcome to USE it at no charge and that if I ever want the use of it back I have to give them some considerable notice to move thier stuff off it.

Sounds reasonable right?
I sure hope so.
I don't want any problems with the nieghbors.

quietstar · #25 01/19/08, 05:29 PM

Everyone has their own way of taking care of important business. Your choice reveals that you likely didn't get a title policy or even a title report when you paid good money for the property. The result of that failure to be prudent is almost always unpleasant problems. I wish you well...Glen

Cheryl aka JM · #26 01/19/08, 05:34 PM

well....
I do actually have a title insurance policy. It was very imprortant to me that I have one actually.
But it would not cover this little 150'X50" peice as it was not included in our original "legal description" of the 25 acre property we purchased.

Mike in Ohio · #27 01/19/08, 06:05 PM

I guess I'm a bit confused. If the tax bill was in the name of the other person then as far as the county is concerned they own it. Either you have a sales contract that included that piece or you don't.

You say that that piece was not included in the legal description of your titlework. Was it included in the description included in the sales contract?

Mike

muzzelloader · #28 01/19/08, 06:46 PM

I would say go get all of your legal ducks in a row before you make any mention of this to the neighbor. If you don't it is possible that this little piece of land could bring up all sorts of problems such as do you really have a clear title to the rest of the property etc. Brings to mind a problem over a piece of property I purchased several years ago . It consisted of about ten acres and had a very large pond at one end. Some time after the purchase I found a fellow and his kids fishing in my pond when he was informed this was my pond he became indigent and told me he had a contractual right to fish in this pond from the previous owner. It took about six months to get it all cleared up and the last I heard the old owner was being sued for a breach of contract. S o I would say to be absolutely sure of all the legalities. As also mentioned before you could become legally liable for any accidents or problems that occour on it.

Cheryl aka JM · #29 01/19/08, 07:47 PM

Quote:

Originally Posted by Mike in Ohio

I guess I'm a bit confused. If the tax bill was in the name of the other person then as far as the county is concerned they own it. Either you have a sales contract that included that piece or you don't.

You say that that piece was not included in the legal description of your titlework. Was it included in the description included in the sales contract?

Mike

As far as the county is concerned the previous owner still ownes it. It was not part of my sales contract or my legal description of the land. Apparently it was meant to be part of it~ and the previous owner brought me the tax bill for it and told me to get it transferred to my name so he doesn't have to worry about it any more~ he MEANT to sell us all the remaining property~ because he had if subdivided he thought that when he transferred the two lots to us that was it~ apparently he did not realize that the little 150'X50' was also subdivided off and considered yet another "lot" that had was not included in the two plots we did transfer (and get the title search and policy for.) It's confusing in the sales contract as he had the 25 acre listed for sale seperately as one 10 acre lot with the house~ and a second 15 acre lot without a house. This little 150'X50' lot was meant to be included in the 15 acre lot.......but got missed when the paperwork got drawn up to purchase the two lots because it was apparently titled seperately for some reason.

Like I said~ it's confusing
We thought it was our driveway at first~ but it's not. It's a different lot that could be used as a driveway if the 15 acre lot was seperated from the 10 acre lot that house our house on it.

**Terri** · #30 01/20/08, 02:02 AM

You would be a good neighbor if you gave him the tax bill. It would otherwise be a shock when he finds out there is a lien against the land!

Cheribelle · #31 01/20/08, 02:43 AM

Someday you may need that access. You may want to sell part of it for whatever reason, maybe retirement, and it'd be best to have it straightened out sonner rather than later.

tanksoldier · #32 01/20/08, 04:56 AM

If you don't enforce your ownership of teh land it will eventually become your neighbors by default.

Dutchie · #33 01/20/08, 05:22 AM

If it was not part of the legal description on the title paperwork it is not the OP's.

crafty2002 · #34 01/20/08, 06:10 AM

Quote:

Originally Posted by paul

Depending on state law, if you don't say anything it will eventually become the neighbor's property. Or even worse, there have been cases where the original owner still owned the land and had to pay taxes on it, but could not legally stop others from continuing to use it. Either give/sell the land to the neighbors, or let them know it is yours and you plan on continuing your rights to it.

homesteadpaul

I didn't read any further on this to see what everyone else said but what Paul said is true. You can sign a lease by the year for a dollar or even for the amount of the taxes (which is the least I would do), and allow them to use the property as long as you see fit.
Your lawyer should have told you this. I Ala. is like VA. is, all they need to do to own the land is file the right paper work in the county clerks office, use and care for it for 7 years and it's theirs.
A man I worked for took a 45 foot x 300 foot drive way like this. My way of thinking is he stole it, but it's the law.
I am glad you brought this up. I am using twenty acres behind my house that belongs to the same man that stole that property. And this will be my fourth year. I need to go see a lawyer too.

Dennis

Jim Bunton · #35 01/20/08, 06:25 AM

Quote:

Originally Posted by Cheryl aka JM

Well~ we went to the lawyer today to get my name on the property. While we were there we wanted to get our driveway that had somehow been "missed" during our original puchase quit claim deeded to us.......

It's kind of complicated.

The seller had a 15 acre property and a 10 acre property for sale. We bought both~ making it into one 25 acre property. Our drive way is the only part of that property that extends up to the road~ it's a little peice 70' by 150'. well~ after we had been here a while the seller brought me a property tax bill for a 50'X150' piece of property that should have been transfered to us and was not. We beleived that to be our driveway. I paid the property tax bill and made the appt with the attourney to get that peice quit claimed to me.

Well~ it turns out that was not the piece of property. The drive way was already in our legal description of the property and deeded to us. The 50'X150' peice is actually on the other side of a house next to our driveway~ between two houses 160' away from our driveway. I know~ its complicated and hard to explain. It's almost like the seller retained ownership of that peice of property as a potential driveway if he chose to build another house in what we now consider our pasture.

And now that I know what I'm looking for~ I can see where the Chainlink Fence belonging to the nieghbor between our driveway and the other 50" parcel that connects to our land is 6 ft high~ but across the 50' section that actually belongs to me (or is supposed to and I paid the taxes on it) is only a 3 ft fence. But they obviously beleive that peice is part of thier property. Their pool is on it~ and obviously they use it.

SO...............
Do I complete the quit claim and legally claim my 50' X 150' peice that my nieghbor apparently thinks belongs to them?
Do I tell the neighbor? Even if I don't care that they are using it?
We discussed giving the neighbor the option of taking the deed to the parcel.........but I don't really want to give away property I might have a use for (it would be perfect for a driveway if I ever want one there) and that I paid for

and as the lawyer pointed out........If I ever get annoyed with that neighbor I could always fence in my 50'X150' peice there and put pigs in it..................

So since I BOUGHT it with my property I don't want to give it away...........
But I don't want a problem with that neighbor either and don't really care that they are using it........
Do I say something~ or just get the deed and keep my mouth shut unless I want to use the peice of property?

The above answer is what I would have said.

Jim

Rocky Fields · #36 01/20/08, 07:39 AM

Hey.

First off, you NEVER use the same lawyer as the seller.

Second, if the lawyer was worth a grain of salt, he should have insisted on a warranty deed from the seller. I hope the seller hasn't any loans or debts that he used the property as collateral...with a quit claim deed he is just signing away his interests in the property. Maybe you have a co-owner you don't know about...

Third, a survey would reveal the true boundaries of your purchase.

You're in for a storm, better get a good lawyer to straighten out your mess.

RF

Mike in Ohio · #37 01/20/08, 09:09 AM

Quote:

Originally Posted by Dutchie

If it was not part of the legal description on the title paperwork it is not the OP's.

Dutchie called it based on the information provided.

It would appear that a seperate transaction will be required for the property in question to be transferred from the original seller to the OP. It shouldn't require any significant effort. A simple contract (I would do it for a nominal sum such as "$1 and other valuable considerations") would suffice. Record the sale at the county building and viola....end of discussion.

As far as I can tell, OP has paid someone elses property taxes without having any documented ownership for the property in question.

I'm not addressing relations with the OPs neighbors (pool, etc) as that is a different issue.

Mike

Spinner · #38 01/20/08, 09:38 AM

I'd get the land into your name since you paid for it. As long as you don't need to use the land, you might consider talking to the neighbor and renting the land to him. That should protect your ownership and let the neighbor use the land until you need it for something. By signing a rental contract, the neighbor will be admitting your ownership. That should prevent the neighbor from trying to claim it in the future. At the very least it would give you written proof that the neighbor knows the land belongs to you.

Use Less · #39 01/20/08, 09:48 AM

Since the strip of land is potentially useful to you & an added advantage if you come to sell, I would be slow to hand it over or sell to the persons currently using it. You could lease or give them written (unpaid) permission for the pool ONLY. If you do, have the lawyer put in a time frame equal to what a pool-supply expert gives as the remaining life expectancy of the pool, and specify NO further access, no new pool there, etc. Also that any permission expires with the current owner of house & pool, and that they will have it removed when they leave. If you think you will let them leave the pool there, have you checked out the how secure the pool is, if are they exceedingly responsible, if they have suitable fencing? In case of an accident, you would not want to liable for who-knows-what, as the property owner. Is the pool something they could move onto their own property? If yes, I would consider telling them they need to do so. I might offer to share the expense to take away some of the sting. Good luck! Sue PS Where my inlaws had their house in the Bronx, that strip is way smaller than a legal house lot

ozarkcat · #40 01/20/08, 10:20 AM

If it's the same seller, ask the seller if they will talk to your neighbor with you - it's not just you saying it at that point, it's the seller admitting they may have messed up.

Best thing I can think of at the moment.

Quote:

Originally Posted by Cheryl aka JM

They bought thier property directly from the same seller who sold us our land ~he apparently used to own all this land and basically built all the houses on our street and slowly sold off parcels until he finally sold the last of it to us. Which explains why he retained ownership of that strip between the houses up there~ as another driveway down into this back area~ since he had it subdivided into two parcels.