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Hey guys,and gals

So I am buying a new house the one my brother bought me is a little too far in the country. Well I just put my 20000$ down payment on a house and then got a survey done.

Now here is the problem, the neighbor has his garage on my lawn by something like 30 feet. The house has only 3-4 acres I forget how you do the conversion.

Well here is the thing he said he had a deal with the last home owner that it is ok, I said well I just bought this house and I need you to move it. He came back and said when the deal finalizes he will give me the bill to move his garage. I told him where to stick it.

Now I am moving november 1st and if it is not moved I am either going to give a final warning or call the cops.

Am I being a dick? the home owner said it was there for 5 years or so and another 5 or so and he will have squatters rights...

THis in Canada?

First, get a proper survey of your property, this is key. Then, find a real estates lawyer.

In the states, you can force him to "purchase" that amount by the going rate at least.

I have to agree with whembly here (shocked gasps, I know).


If he's faced with the bill for buying the property his garage sits on, he may decide to just simply move it, or buy it.


Frankly, this guy sounds like a tool... IF I had such a deal with previous owners, I know I'd have the mental acuity to realize that you are not the previous owner, and may have other wishes.

There ain't gak any of us can tell you that's worth the pixels on your screen.

There is only one right answer: Talk to a lawyer.

Here's your actual problem: you paid a significant amount of money before getting the survey done and talking to a lawyer. Fix this problem ASAP, there are situations in which your neighbor is entitled to that property and situations where they aren't. And the relevant laws can vary significantly depending on where you live.

What D-USA said. Lawyer will let you know for sure your rights under the law.

The moment he said squatter rights to me, I would have made it my goal to make it as painful as possible on him.

 Peregrine wrote:
Here's your actual problem: you paid a significant amount of money before getting the survey done and talking to a lawyer. Fix this problem ASAP, there are situations in which your neighbor is entitled to that property and situations where they aren't. And the relevant laws can vary significantly depending on where you live.

I did get a survey and a lawyer in order to put my bid in for the house. They all said it is on my lawn and it is up to me to decide if I want it moved or not.

To put a bid in I needed

A land survey
a lawyer
a realtor
20000 down deposit 8%
and proof i can get it insured
think that is everything

So now it is up to me my wife says dont start a fight and be nice I say GET OFF MY LAWN!!!!

Offer him to buy the land at market price and if he doesn't say he will have to move it

 Ustrello wrote:
Offer him to buy the land at market price and if he doesn't say he will have to move it

That seems rather excessively generous, unless the OP would be happy with a smaller piece of property and wants the extra cash. I wouldn't start at market price though, start the negotiations at a very high price to reflect the fact that demolishing your garage sucks, and see how much you can get.

On the other hand, if you don't want a smaller piece of property and your lawyer is saying "this is your choice" I wouldn't give the guy anything. The garage leaves, period, and the only thing negotiable is how long the owner has to remove it voluntarily before you bring in someone to remove it for them and send them a bill. Under no circumstances should you allow him to bill you for the cost of removal.

 Peregrine wrote:

 Ustrello wrote:
Offer him to buy the land at market price and if he doesn't say he will have to move it

That seems rather excessively generous, unless the OP would be happy with a smaller piece of property and wants the extra cash. I wouldn't start at market price though, start the negotiations at a very high price to reflect the fact that demolishing your garage sucks, and see how much you can get.

On the other hand, if you don't want a smaller piece of property and your lawyer is saying "this is your choice" I wouldn't give the guy anything. The garage leaves, period, and the only thing negotiable is how long the owner has to remove it voluntarily before you bring in someone to remove it for them and send them a bill. Under no circumstances should you allow him to bill you for the cost of removal.

If he is still paying a mortgage then the bank would technically still own the land? he may not be able to sell it as the mortgage is for a specific amount of land and the bank would be using it as collateral against the loan itself. This may be a matter of the neighbor has to move it whether he wants to or not, and there is the possibility he (The buyer) could leverage the bank to apply pressure if needed.

OgreChubbs wrote:

 Peregrine wrote:
Here's your actual problem: you paid a significant amount of money before getting the survey done and talking to a lawyer. Fix this problem ASAP, there are situations in which your neighbor is entitled to that property and situations where they aren't. And the relevant laws can vary significantly depending on where you live.

I did get a survey and a lawyer in order to put my bid in for the house. They all said it is on my lawn and it is up to me to decide if I want it moved or not.

To put a bid in I needed

A land survey
a lawyer
a realtor
20000 down deposit 8%
and proof i can get it insured
think that is everything

So now it is up to me my wife says dont start a fight and be nice I say GET OFF MY LAWN!!!!

Why did you buy the place if you knew this situation existed?

That's the real question, I think. He asked why you put down money before having the survey done, and you reiterated some stuff that really didn't answer that at all. How did this not come up prior to you writing a big ol' check?

In any event, d-usa had the right answer, you need a lawyer. I don't know how real estate laws work in Canada, but in the US if you called the cops because you bought a house and then discovered your neighbor had erected a structure on your property prior to you buying it, they wouldn't even send anyone because it's not in any way a police matter.

The additional issue is the time frame. In the US if you allow a neighbor to use your property for a long enough time frame without some kind of written agreement, they can lay a legally binding claim to that property. In fact, if you refuse to let the neighbors use your property, and they do it anyway and you don't enforce your property rights for long enough, they can legally take your property through a maneuver called adverse possession. I have a little strip of land to the left side of my house we're not really doing anything with, and occasionally, my next door neighbor's renters will park on it. I don't really care if they park there, but I still make myself go over and make them move their cars every time, because I don't want them owning my property.

Anyway, get a lawyer.

Property disputes have a habit of dragging on for ages. The effects of such disputes also hang around for a long time.

You want his garage off your property, fine. Be reasonable but firm. You may well need to offer concessions (yeah, I know its your land). The opportunity to rent or lease your land maybe something to consider.

Whatever happens offer your hand and a cold one on resolution.

Have a big raging bonfire that just happens to spread to a structure on your property. It's your property so your neighbor can't claim you damaged anything on his side of the line.

If you want something legal and slightly less jerk-ish get a lawyer. It won't win you any friends but it'll be the proper legal route.

"The house has only 3-4 acres"

Yeah, this is a civil matter, so get your lawyer involved.

And think of your neigbours actions in this light: If I pitched a tent on the White House Lawn and lived there for 20 years, does that make the White House my property?

Of course not. In Scotland, under Scots law, we have a reset law, and your neighbour sounds like they are guilty of breaching this.

Reset: "It includes property that was taken by theft or robbery as well as property taken by breaches of trust including embezzlement, fraud and willful imposition."

Source: wikipedia.

I'm sure Canada and the USA have a similar law.

I should definitely check your legal position as others have advised above.

As Mr Burning says, the long term relationship with your new neighbour (and your wife) may be worth more than a relatively tiny piece of land. The UK has seen people bankrupted by disputes over an inch or two strip of fence line.

If you've got 3 acres you don't really need to worry about a 30 foot square garage. However, you don't have to chuck away your legal property without at least checking; you could as previously suggested rent the land to the neighbour or something like that.

(Bear in mind he could be a lying get with no legal rights at all, in which case why would you want to give him a chunk of your property?)

OgreChubbs wrote:
Well here is the thing he said he had a deal with the last home owner that it is ok

What was the deal with the previous owner? Was he paying rent? Does he need the space?

Is it set up such that you could use the garage yourself? Is it cheaper for him to build a new one than move one?

I'd be somewhat careful here, as you're likely to have to live next door to this guy for a while.

That said, you want to have some solution that doesn't involve any squatters rights or him actually owning the space unless he pays for it.

 Kilkrazy wrote:


As Mr Burning says, the long term relationship with your new neighbour (and your wife) may be worth more than a relatively tiny piece of land.

I think this is sensible advice.

Investigate with a lawyer and the previous arrangement.

The more you know. The more you have to work with.

However letting someone claim land you purchased... Letting someone build on it, sounds a very very odd arrangement.
Though anything he had with previous is most likely void in every term including legal.

See in the UK, if you give someone the right to use your land and they continue to do so with your knowledge then they will actually have a right to that land after about 12 years. But I don't know jack about Canadian Land Law. Go check with your lawyer.

 welshhoppo wrote:
See in the UK, if you give someone the right to use your land and they continue to do so with your knowledge then they will actually have a right to that land after about 12 years. But I don't know jack about Canadian Land Law. Go check with your lawyer.

You're the lawyer here are you not?

But surely, any prior deal with a previous owner, especially if it has no written contract, is invalidated by the OP who didn't agree to this previous 'deal' when he bought this land?

I think his neighbour is chancing his luck IMO.


Automatically Appended Next Post:

 Kilkrazy wrote:
I should definitely check your legal position as others have advised above.

As Mr Burning says, the long term relationship with your new neighbour (and your wife) may be worth more than a relatively tiny piece of land. The UK has seen people bankrupted by disputes over an inch or two strip of fence line.

If you've got 3 acres you don't really need to worry about a 30 foot square garage. However, you don't have to chuck away your legal property without at least checking; you could as previously suggested rent the land to the neighbour or something like that.

(Bear in mind he could be a lying get with no legal rights at all, in which case why would you want to give him a chunk of your property?)

If we didn't have these neighbour disputes, then Channel 5 would struggle to fill its nightly schedule

 Do_I_Not_Like_That wrote:
But surely, any prior deal with a previous owner, especially if it has no written contract, is invalidated by the OP who didn't agree to this previous 'deal' when he bought this land?

Not necessarily. There are situations where an arrangement like that transfers with the deed to the property even if it isn't explicitly agreed to by the buyer. It's like if you buy a piece of property from someone that still owes money on a mortgage involving that property, the bank still has a claim on it that transfers along to the new owners. This is why it is absolutely essential to talk to a lawyer who understands the laws of the specific jurisdiction the property sits in, attempting to handle it yourself based on general internet advice is a really stupid way to make life difficult for yourself.

 Peregrine wrote:
attempting to handle it yourself based on general internet advice is a really stupid way to make life difficult for yourself.

pfft, I've found the off-topic section of my local army dolls game to be the most appropriate place to seek emergency veterinary care, legal advice, and personal banking help countless times.

Now if you'll excuse me, my computer is having a problem.

 Do_I_Not_Like_That wrote:

 welshhoppo wrote:
See in the UK, if you give someone the right to use your land and they continue to do so with your knowledge then they will actually have a right to that land after about 12 years. But I don't know jack about Canadian Land Law. Go check with your lawyer.

You're the lawyer here are you not?

But surely, any prior deal with a previous owner, especially if it has no written contract, is invalidated by the OP who didn't agree to this previous 'deal' when he bought this land?

I think his neighbour is chancing his luck IMO.

You would think that, but it doesn't. You don't even need to write anything down.

Say you have a farmer with a field, and people cross this field to get to the other side. He knows this, but doesn't mind it.

Well about fifteen years of constant use later, he wants to stop people walking across the field, but it is too late. Merely by not acting, he is considered to have agreed to let the land be used as a public walkway. The land is no longer his.

Go to any privately own land, like a university and you'll see signs at the entrances saying that this is private land and there is no public right of way. Because if they didn't do that, the land would become public.

Unfortunately the courts and government have come to the agreement that you have a deal with the land. We just live on it.

 whembly wrote:
THis in Canada?

First, get a proper survey of your property, this is key. Then, find a real estates lawyer.

In the states, you can force him to "purchase" that amount by the going rate at least.

Terminate his adverse possession with extreme prejudice. Babies love bad blood between neighbors!




Automatically Appended Next Post:

 Peregrine wrote:

 Ustrello wrote:
Offer him to buy the land at market price and if he doesn't say he will have to move it

That seems rather excessively generous, unless the OP would be happy with a smaller piece of property and wants the extra cash. I wouldn't start at market price though, start the negotiations at a very high price to reflect the fact that demolishing your garage sucks, and see how much you can get.

On the other hand, if you don't want a smaller piece of property and your lawyer is saying "this is your choice" I wouldn't give the guy anything. The garage leaves, period, and the only thing negotiable is how long the owner has to remove it voluntarily before you bring in someone to remove it for them and send them a bill. Under no circumstances should you allow him to bill you for the cost of removal.

Its on your proerpty. Its your garage. If he disagrees, unleash the killer moose(s). High sticks aren't just for hockey!*


*Seriously, retalk with your lawyer about this. I would not have bought the house with that on the property-don't ever do that again.

Charge him a monthly fee to have the building on your property.

Bulldozer. Checkmate!

 alanmckenzie wrote:
"The house has only 3-4 acres"

In North America, especially NORTH America, 3-4 acres can be a pretty small piece of property.

Anyways, I just want to say congratulations for starting a blood feud with your neighbor before you've even moved in. I'm sure that'll make things comfortable in the coming years.

As has been said repeatedly, a lawyer is the way to go with this. Internet talking points are worth less then the pixels used to generate them.

 djones520 wrote:

 alanmckenzie wrote:
"The house has only 3-4 acres"

In North America, especially NORTH America, 3-4 acres can be a pretty small piece of property.

Anyways, I just want to say congratulations for starting a blood feud with your neighbor before you've even moved in. I'm sure that'll make things comfortable in the coming years.

As has been said repeatedly, a lawyer is the way to go with this. Internet talking points are worth less then the pixels used to generate them.

If it's really 3-4 acres then makes one wonder is that small piece of it really worth the bad blood with neighbours...16,000 square meters to play with. How big slice in % that object of contention takes away? If you are planning living there long time bad blood for years is likely going to be bigger problem...