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

ergoman · #41 01/20/08, 11:31 AM

If you purchased two seperate 10 and 15 acre parcels, you have 2 property ID's. If things change for you in the future or your kids need a piece of ground or you need money in retirement, you will own a seperate parcel ID# with its own access. Much easier to sell. If it only cost me $17 a year for this I would be happy to pay it.
With that being said, I'm one of those people that tries hard to be reasonable with my neighbors and would let them keep the pool until they get tired of it, (and the mowing and upkeep around it), or I decided to put the drive in and sell it. Just my .02, (usually not worth what you paid for it).
Ergo

nathan104 · #42 01/20/08, 07:33 PM

Quote:

Originally Posted by Cheryl aka JM

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.

After reading this, it it clear that this patch of land was not mentioned in your purchase contract or your leagal description on your deed for the 25 acre purchase. So, the seller still owns it. He can not simply hand you the tax bill and tell you to transfer it. You need to write up a deed with the property description and have it signed by the buyer and seller and have it filed at the courthouse. Unless you have done this, it is not your land and I would advise against talking to the neighbor yet.

Peacock · #43 01/20/08, 09:02 PM

Rent it to them for the amount of the property tax.

rambler · #44 01/20/08, 11:16 PM

There are many issues going on here. If it were me I would prefer to own it for increasing my property value (access creates great value); but at this point you have nothing to do with that land and someone else (not the owner) is squatting on the property.

Several thorny issues. The owner would have to go through the paperwork to transfer it to you (sounds like they would) and the person squatting would have to understand you own it & it is not theirs to keep, and if you allow them to use it you would need to clear _that_ part with your insurance company or one accident & they would own all 25 acres of yours from the lawsuit.......

I would think it over carefully & try to understand the feelings of the person who is using the property to see just how thorny this will get......

--->Paul

Rocky Fields · #45 01/22/08, 10:26 AM

Hey.

Don't forget about "adverse possession" that we talked about on another thread.

RF

LisaInN.Idaho · #46 01/22/08, 11:34 AM

Quote:

Originally Posted by Rocky Fields

Hey.

Don't forget about "adverse possession" that we talked about on another thread.

RF

Ha! Beat you to it again! No more brownie points for you.

Rocky Fields · #47 01/23/08, 11:49 AM

Lisa,

Still trying to cash in on MY idea?;-) I thought you learned from the last time you tried that...

All seriousness aside, I'm glad you are learning something from my posts!

RF

alabamared · #48 01/23/08, 11:58 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?

What county is this property in?

Cheryl aka JM · #49 01/23/08, 12:09 PM

Morgan County

We decided to wait to talk to the neighbor till we could get a hold of the seller and talk to him. Hopefully he can clue us in what kind of agreement if any he had with the nieghbor as far as that strip of land was concerned. And we'll need him to sign the quit claim as well. I asked my husband to call him~ hopefully he will take care of that without me having to nag him about it.