Who owns a building that was built on our property by the neighbor who now wants to sell?
son put up a building on his parent’s property. Wife wants him to sell their home and says the building belongs to them. This will increase the value of the sale. Who owns the building? Would they have to move the building to keep it or do we have to sell them the property that it is on?
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sell property | , 27 Feb 10
By 1magicmom, March 2, 2010 @ 2:29 am
Ok, lets see if I understand the situation. You own property that butts against your neighbors. Their son built a shed or playhouse on your propery some where, after you bought your home, correct so far?
Now the neighbors sons wife want him to sell his parents home (I gather his parents are dead). And she claims the building is theirs, correct?
Now, read this and see if this makes sense. Who owns a building, built on OUR property by the neighbor who now wants to sell? son put up a building on HIS PARENTS PROPERTY. Who owns the building?
MY question is: How can it be built on YOUR property if (neighbor or their son built the building on THEIR PROPERTY?
If the land the building is own in yours according to your deed for the property then the building is yours. If the land this building sits on was maintianed by your neighbor for a period of say 7 years and you said/did nothing; you may have lost that land to a law similar to squatters rights. Meaning that because they maintained that area where the building was (mowed payed taxes or whatever) it may now be theirs because of that law. This may or may not apply to your state. So don’t jump the gun just yet.
Go to the register of Deeds at the local court house and have your property deed checked against the deed for your land/home and see if the two are identical. If not then take steps to see which deed is accurate and why (if possible) there are any differences in the original deed and the copy.
Either way you may need to have your property lines checked/rechecked by a reputable land surveyor for accuracy.
If you find (according to the deed ) the building is indeed on YOUR property and NOT THEIRS, you have the option of keeping the building or you can give/sell it to the people who built it on your property.
In addition to the surveyor you may need a land lawyer as well. Sounds like a mess. It also depends on the type of relationship you have between you and the boy and/or his wife.