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Fences and surveys

Old 03-03-2016, 04:05 PM
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Default Fences and surveys

I am looking to buy another commercial property and building. It is 95' x 100' . the building is in the middle 2000 sq/ft. So I look at the current survey and see that the back fence is about 2' in from the property line. On the other side of the fence is a storage container up against the fence( 2' over the property line.) there is also waste from the building behind on th,e fence. It Shows on an old survey as well , so the current owner bought the property with the container on his property. I do not need to use of the 2' of land but I also do not want to enherit a future problem or liability if some one was to get hurt. I also do not know what is in the container.
My lawyer says this is a big deal as any future financing could be turned down. My feeling is the container should be moved and the fence placed on the line as per the survey. Then close on the deal. It does not apear to be to easy for the owner to get this done , due to various parties and landlords. Also it has been there so long it is as if the current owner let it stay.
Am I making too big of a deal over this, or should I stand fast.
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Old 03-03-2016, 04:50 PM
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I'd make a big deal of it, and have them move the container. Then move the fence!

I'm kind of a d*#k when it comes to "encroachers".
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Old 03-03-2016, 04:58 PM
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this^^^^^^^^
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Old 03-03-2016, 05:01 PM
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There's a legal term (which escapes me) pertaining to long term encroachment, where the encroacher gets to continue to use the land after a period of time if the owner never complains about it. You need to get a quick real estate attorney's opinion and take whatever action you need to protect yourself.
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Old 03-03-2016, 05:05 PM
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Originally Posted by phillyg View Post
There's a legal term (which escapes me) pertaining to long term encroachment, where the encroacher gets to continue to use the land after a period of time if the owner never complains about it. You need to get a quick real estate attorney's opinion and take whatever action you need to protect yourself.
Adverse Possession. If it was shown on the survey you might be SOL.
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Old 03-03-2016, 05:08 PM
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Bottom line is listen to your attorney as he is correct. Plus, you would be paying for property which the current owner may no longer own due to the adverse possession of the adjacent owner.
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Old 03-03-2016, 05:10 PM
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Originally Posted by KDM View Post
Bottom line is listen to your attorney as he is correct. Plus, you would be paying for property which the current owner may no longer own due to the adverse possession of the adjacent owner.
The fix would be to create a new line and adjust the purchase price accordingly, assuming the new line doesn't violate setbacks.
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Old 03-03-2016, 05:13 PM
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if the 2 ft will not be missed by you, have the current owner quit claim it to the encroaching property owner, then get a new survey to reflect it and proceed.
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Old 03-03-2016, 05:14 PM
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I have an acre with storage warehouses on it our back fence is 110' long and our fence is set in 5' for 37 years and my neighbors no it. moving it is high up on my priority list now as I'm fixin to put the property up for sale. the property that it divides use to run semis around there building and I got tired of the fence getting torn up.it's a non issue now. We had our house surveyed 20 years ago and the next door neighbors shed was 2' on our property. I took the survey over showed it to him and told him to move the shed which he did. I don't like people using my property either.
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Old 03-03-2016, 05:27 PM
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Originally Posted by mulberryg View Post
if the 2 ft will not be missed by you, have the current owner quit claim it to the encroaching property owner, then get a new survey to reflect it and proceed.
that is a solution. but it would take quite a bit of time and three parties would have to agree to it. I doubt it would happen. This is NY and zoning changed could take years
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Old 03-03-2016, 05:32 PM
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Originally Posted by N2theblue View Post
Adverse Possession. If it was shown on the survey you might be SOL.
This^ What they did is open, hostile and notorious (by placing that container there). Depending on when they placed the container there and for how long you may be SOL.
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Old 03-03-2016, 05:42 PM
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How old is the oldest survey showing the container encroaching? Adverse possession in NY requires the period of use to be at least 10 years old. The encroaching property definitely falls under the "open and notorious use" clause of adverse possession.
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Old 03-03-2016, 05:47 PM
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Clear the junk off your property . nothing a trespasser can do .
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Old 03-03-2016, 05:55 PM
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Originally Posted by mulberryg View Post
if the 2 ft will not be missed by you, have the current owner quit claim it to the encroaching property owner, then get a new survey to reflect it and proceed.
With a pro rata price of course.
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Old 03-03-2016, 05:57 PM
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Originally Posted by t4000 View Post
Clear the junk off your property . nothing a trespasser can do .


Just move the fence (and the container) 3' with this! It should take about 1 minute.
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Old 03-03-2016, 05:59 PM
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Originally Posted by antib551 View Post
How old is the oldest survey showing the container encroaching? Adverse possession in NY requires the period of use to be at least 10 years old. The encroaching property definitely falls under the "open and notorious use" clause of adverse possession.
Virginia requires property improvement, 15 years possession, public acknowledgement, and for the adverse possessor to pay taxes on the claimed property as if owned.
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Old 03-03-2016, 06:02 PM
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Originally Posted by Jus Teasin View Post


Just move the fence (and the container) 3' with this! It should take about 1 minute.
Damn right...I did that with 500 feet of encroaching stick fence put on a property I bought some years ago. The encroacher also built a well house on my spring.

My fence contractor bulldozed it down and piled the mountain in front of the abandoned house. Two years later, a woman showed up claiming to be the owner and wanted to know what I knew about it. She had gotten the property in her recent divorce and was planning on leasing it out. I told her I did it...and I would be sending her a bill for it.
She asked me not to so I didn't.
She had her property cleaned up and I allowed her to attach to my fence. It all worked out.
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Old 03-03-2016, 06:03 PM
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I would be concerned about the container but not the fence. You can visually designate the survey corners with painted posts or something and put posts with no trespassing signs every 50 or 100 feet on the property line. I see fences quite commonly that are not exactly on the property line because if a survey corner changes, You might be responsible for moving the fence.
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Old 03-03-2016, 06:03 PM
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Call zoning dept theres always a setback from property lines for sheds etc. Cant have that container there
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Old 03-03-2016, 06:05 PM
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Originally Posted by Jus Teasin View Post


Just move the fence (and the container) 3' with this! It should take about 1 minute.
believe me 20 years ago we would not be discussing this. Now I am only a little wiser but definitely more tired.
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