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tneva82 wrote:

 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...

It's not that small of a chunk of his land though. He's saying the dudes entire garage is on his property, by a good grip. Roughly 200 square meters of space. Then figure the drive way, etc...

Basically, Ogre paid for land that he is not getting to use. Quick math shows that, at a bare minimum he paid more then $3000 so someone else can use his land.

Personally I'm in his camp on this. Hand shake agreement with the previous owner would mean dick all to me. If the guy doesn't want to move the garage, then he's going to pay me rent for the land.

Wait... Your brother bought you a house? Where do I find such brothers?

In any case, if it were me in this situation, I wouldn't do anything. A good neigbour is better than a far friend, and if you have such a huge area, what matter is the little part his garage is on? Were you planning to do anything with it?
If he can make better use of the land, why not let him use it?

If I had so much land, I would not even notice such a small part is gone. Must be awesome to have so much land. And house-buying brothers. You sir, are a lucky man!

 djones520 wrote:

tneva82 wrote:

 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...

It's not that small of a chunk of his land though. He's saying the dudes entire garage is on his property, by a good grip. Roughly 200 square meters of space. Then figure the drive way, etc...

We don't know where it is or how it's laid out. The driveway might be on the neighbours land, and this is right up on the boundary in a corner. Maybe the plot isn't even square, and this is in a spur.

 djones520 wrote:
It's not that small of a chunk of his land though. He's saying the dudes entire garage is on his property, by a good grip. Roughly 200 square meters of space. Then figure the drive way, etc...

We don't know how much drive way etc. If it's close to the edge...Well we are talking about 1.2% of the area. Is that worth the bad blood? Sure you might be on right side but you are the one having to live side by side possibly for decades...You want those decades to be miserable neighbour war?

Dunno. I would try to look for some sort of compromise that both can live with. Especially if said piece of land isn't essential for my plans rather than start a war over it. I prefer good relations over...well almost everything.

Do they not require a plot survey before a building is constructed on the property? (ie to make sure it's actually on land you own) Where I'm at we aren't even allowed to put up something small like a shed or a patio without permits which require a recent survey within the last two years, garages or other major construction require not only a survey & permits but also an inspection from the county.

Leaving the garage on your property could leave you potentially on the hook for some major liability issues. If somebody were to get injured in the garage they could sue you since the accident occurred on *your* property not the neighbors. The neighbor could hurt himself or a friend in the garage which you have no control over then turn around and try to make you pay. If it were to fall into disrepair or other situations where fines might be involved you'd be the one cited as it's on your property even though it was built by the neighbor. It'd really suck to have a lean put on your house or your property seized because your neighbor was ignoring zoning or other fines.

I don't know what the drug laws are like in Canada but in the US they can seize property from owners if drugs are found on the property regardless of if it's the owner or simply a tenant. While it may not be a likely situation if the neighbor were to get busted storing drugs in the garage it's on your property so it becomes your problem and if seizure laws are anything like the US it could result in your house being taken for actions you had nothing to do with.

You want to address this immediately and make sure you are not opening yourself up to legal complications because he's placed something on your property without your approval. If he's being this nasty and you aren't even into your place yet there's no telling how rough the seas are going to be if things are allowed to continue later on. He's staked out the garage area as his and it's a sign that he probably views not only the garage but the surrounding area as his to do as he sees fit. You need to establish your unwillingness to deal with BS immediately as he's sizing you up, give an inch he's going to take a mile and then some. You are not asking anything unreasonable, he needs to respect the legally registered boundary of his property.


For humor value:

tneva82 wrote:

 djones520 wrote:
It's not that small of a chunk of his land though. He's saying the dudes entire garage is on his property, by a good grip. Roughly 200 square meters of space. Then figure the drive way, etc...

We don't know how much drive way etc. If it's close to the edge...Well we are talking about 1.2% of the area. Is that worth the bad blood? Sure you might be on right side but you are the one having to live side by side possibly for decades...You want those decades to be miserable neighbour war?

Don't think of it as a miserable neighbor war. Think of it as an enjoyable pasttime. Plus you can then have an excuse like this.
http://www.click2houston.com/news/neighbor-knocks-down-mans-home-with-bulldozer-after-dispute

Same advice as most: get with a lawyer, get a second survey to be sure of exact measurements, but also try to find a peaceful solution that doesn't create bad blood with someone you'll be living next to for years to come.

 stanman wrote:
Do they not require a plot survey before a building is constructed on the property? (ie to make sure it's actually on land you own) Where I'm at we aren't even allowed to put up something small like a shed or a patio without permits which require a recent survey within the last two years, garages or other major construction require not only a survey & permits but also an inspection from the county.

Leaving the garage on your property could leave you potentially on the hook for some major liability issues. If somebody were to get injured in the garage they could sue you since the accident occurred on *your* property not the neighbors. The neighbor could hurt himself or a friend in the garage which you have no control over then turn around and try to make you pay. If it were to fall into disrepair or other situations where fines might be involved you'd be the one cited as it's on your property even though it was built by the neighbor. It'd really suck to have a lean put on your house or your property seized because your neighbor was ignoring zoning or other fines.

I don't know what the drug laws are like in Canada but in the US they can seize property from owners if drugs are found on the property regardless of if it's the owner or simply a tenant. While it may not be a likely situation if the neighbor were to get busted storing drugs in the garage it's on your property so it becomes your problem and if seizure laws are anything like the US it could result in your house being taken for actions you had nothing to do with.

You want to address this immediately and make sure you are not opening yourself up to legal complications because he's placed something on your property without your approval. If he's being this nasty and you aren't even into your place yet there's no telling how rough the seas are going to be if things are allowed to continue later on. He's staked out the garage area as his and it's a sign that he probably views not only the garage but the surrounding area as his to do as he sees fit. You need to establish your unwillingness to deal with BS immediately as he's sizing you up, give an inch he's going to take a mile and then some. You are not asking anything unreasonable, he needs to respect the legally registered boundary of his property.

Translation sue the bastard.

OgreChubbs wrote:
Hey guys,and gals

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.

Offer to sell him the land. If not, take legal action. It's a bad situation all around tbh. You landed in some "good ole boys" club back yard situation. The only RIGHT thing to do is for him to pay you rent or buy the land.

OgreChubbs wrote:
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...

Two Words: Lawyer Up.


That's the best thing to do.

I'll be the 6th or 12th person here to tell you to talk to a lawyer and find out your options, which would include:

Selling the bit of land to your neighbor.

Having the neighbor pay an easement, but signing a waiver that he won't sue if injured on your land or property damage occurs.

Allowing him to continue to park there, but your neighbor signs a waiver that he won't sue if injured on your land or property damage occurs.

Removal of the garage.

Mortal combat with knives and guns to settle it for good.

Other options?

I have a few.
*Bulldozer.
*Drop a load of concrete onto the garage.
*Drop a load of concrete in front of the garage.
*Drop a load of concrete on your neighbor who's standing in your garage.**
*Start raising pigs. Eight are probably preferred. Don't feed them for two days. You'll know what to do.
*Start dancing around the woods in a clown costume, with a machete...

**preferred option.

Interestingly you bought the property and everything on the property. Its your garage now.

 Frazzled wrote:

*Start raising pigs. Eight are probably preferred. Don't feed them for two days. You'll know what to do.

I thought you needed 16 pigs to deal with an adult male human?

 Ensis Ferrae wrote:

 Frazzled wrote:

*Start raising pigs. Eight are probably preferred. Don't feed them for two days. You'll know what to do.

I thought you needed 16 pigs to deal with an adult male human?

This is the Americas, we're twice the pigs that you Brits are...oh wait...

 Frazzled wrote:
I have a few.
*Bulldozer.

Bulldozer? Meh.



The OP needs a KILLDOZER

 Frazzled wrote:

 Ensis Ferrae wrote:

 Frazzled wrote:

*Start raising pigs. Eight are probably preferred. Don't feed them for two days. You'll know what to do.

I thought you needed 16 pigs to deal with an adult male human?

This is the Americas, we're twice the pigs that you Brits are...oh wait...

 Ouze wrote:

 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.

We can help you with that!

Back on topic, if the garage is wooden you don't need a bulldozer, you just need a flamethrower.

Now there's capital thinking. You're just clearing out some old wood on your property.

I've been researching Canadian property laws... and...

Just get a lawyer, jaysus it gave me headaches...

But, its possible that the structure is yours for you to do what you want.

Okay, bought a house a few months ago and saw a couple little snags but nothing major.

#1 item: What did the prior owners have to say after the survey was done and the lawyer had a look?
"There is a structure straddling your property, any idea what that is all about??"
That should have figured rather highly on your negotiations for the price of the house and property, never-mind it clearing for the loan.

#2 There are some laws that when an item or structure is on the land sufficiently long without objective evidence of renting it, it can become theirs.
Did they offer any explanation of how long he was allowed to "borrow" the land?
Any evidence of the agreement?
The lawyer had some suggestions in that regard?
WHY in the name of all that is holy made you think this could be sorted out after a purchase in any good way at all?
I would have added a "condition" in the offer to have it sorted and then they would have been the bad guys.
Yep, that would have been the best way to do it.

#3 The neighbor had to know that if the property was sold that something would happen and there was a good chance of the "agreement" being void.
There is no rental or borrowing here: his "property" devalues yours.
Dumb arrangement on his part, he may have been able to negotiate a parceling of the land or something before building or a contract agreeing to pay for it in installments or get a mortgage of sorts to ensure he did not need to tear down a garage.

My neighbors HATE the idea that I am about to add a fence for the one side of my house but it is about 1/3 of my property that is like a private parkland for them (prior owners fenced off at the corner of the house so a big 40' pie wedge is basically the neighbors). BUT the real reason is it gives the mistaken impression their property is bigger than it really is and they are thinking of selling... ah! I am inconveniencing them by claiming my property.

Unfortunately people will and shall feel entitled to whatever they want.
It may be getting off on the wrong foot but you could point out that it was the FORMER owners that hung him out to dry, not you.

 Kilkrazy wrote:

 Ouze wrote:

 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.

We can help you with that!

Back on topic, if the garage is wooden you don't need a bulldozer, you just need a flamethrower.

A flamethrower is something you need anyway. A man's life just is not complete without one.

 Iron_Captain wrote:

 Kilkrazy wrote:

 Ouze wrote:

 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.

We can help you with that!
Back on topic, if the garage is wooden you don't need a bulldozer, you just need a flamethrower.

A flamethrower is something you need anyway. A man's life just is not complete without one.

I think it is an ideal place to store your spare old fireworks, dynamite and gasoline collection!
Does your neighbor smoke?

I would also seriously check with the bank on this. You may not have the option of renting or selling the land while you owe a mortgage. And as banks in my area have done, they may be willing to assist as it is also their interest.

Lawyer and bank. Your neighbor is an donkey-cave.
You either lose land you paid for and will resent him, or you'll kick him off the land you bought and he'll hate you. You aren't likely to be friends ever. Keep what you paid for, and tell him to bugger off.

Lawyer up
-In the US we have squatters laws, if he squats for too long(depends on the state) he owns it for free.

-Physical liability issues if someone gets hurt

-Permitting issue could be a route to take, did he get permits from the local government plus the inspections to build it? This alone could force him to tear it down.

-Destroying it might be a negative on you in the eyes of the law.

-Start Eviction process, takes several months here in the States to boot off squatters who don't want to leave.

-I would not give the option to buy the land.

-In the US normal flow for buying property is bid, survey, inspections, corrections after inspections, final inspection, then payment. This should have been handled during the survey/inspection phase before any money changed hands.
3-4 acres really isn't that big here in the States. Cant even build a long range rifle range on that

Oh, no question as Col. Dash pointed out that it is guaranteed no permit was requested for the build.
They would never agreed to issue it with the structure straddling a property line.
Getting it torn down is never a question.
Please say the transfer of ownership is not complete?
Because if it is, proceeding to get it torn down is the only way to go.

If Canada's laws are similar to ours, my main question would be "is his building on your land", but rather "am I being sold land that the owner doesn't own anymore".

Lots of talk about vigilante justice, but the garage may actually be on his land and you wouldn't have any claim to it. That's why lawyers should straighten this stuff out before final contracts are signed, and why Internet help is useless.

 d-usa wrote:
If Canada's laws are similar to ours, my main question would be "is his building on your land", but rather "am I being sold land that the owner doesn't own anymore".

Lots of talk about vigilante justice, but the garage may actually be on his land and you wouldn't have any claim to it. That's why lawyers should straighten this stuff out before final contracts are signed, and why Internet help is useless.

I believe the OP noted it had been surveyed and legally reviewed already, but that is indeed a good question.

And pigs, don't forget the 8 American pigs (16 British pigs). . .

 Frazzled wrote:

 d-usa wrote:
If Canada's laws are similar to ours, my main question would be "is his building on your land", but rather "am I being sold land that the owner doesn't own anymore".

Lots of talk about vigilante justice, but the garage may actually be on his land and you wouldn't have any claim to it. That's why lawyers should straighten this stuff out before final contracts are signed, and why Internet help is useless.

I believe the OP noted it had been surveyed and legally reviewed already, but that is indeed a good question.

*Disclaimer: I don't know nothing about birthing no babies property laws*

I wonder what kind of legal review it might have been.

Did somebody just come by and stake the lot based on the old title, was it a title review, did the people who did the survey know that the garage belonged to somebody else or would they even care, would a change in property ownership due to adverse possession even show up in any survey or title paperwork if it hasn't been pursued in court yet, etc?

And that's just my questions based on the tiny bit of "property law" knowledge that I have, which is pretty much none. Situations like that just always seem to be a clusterfeth...

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

Your wife sounds smart. The "get off my lawn" guy was way more badass than you, and he still died, and the people close to him got raped and shot. Back in the real world, you don't want to start some ridiculous feud that drags on for years, pouring money into court battles, and not being able to trust your neighbours because they hate you, you don't need that anxiety. I suggest you work something out with the guy, especially if you're not using the land at the moment. Just make sure you're covered regarding the squatters rights thing.