I purchased a 200 x 100 ft. lot with a mobile home on said property in an auctionat the court house from a bank about four years ago. The mobile home was placedon the property in 2001. My neighbor had his property surveyed recently and discovered the mobile home was partially on his property. He wants me to move the home.What are my options and what is the law pertaining to this situation?
Country relating to Question: United States
State (if USA): Kentucky
I just received a letter from my Thanksneighbors
lawyer two days ago and I really don't know
how to proceed. Could you give me some suggestions.
Dear JACUSTOMER - Kentucky has a 15 year requirement to claim Adverse Possession of real estate so if the home has only been on the land for 11 years it would not meet the requirements of adverse possession and it would be considered an encroachment on the neighbor's property. There are a couple of ways this problem can be resolved depending on the attitude of the neighbor and the seriousness of the encroachment. The neighbor can demand that the encroachment be removed entirely and if the encroachment is substantial that is what the court will likely order. If the encroachment is small and the cost to remove it is enormous in comparison then the court may award monetary damages and allow the encroachment to remain and become a part of your property with a revised survey. The other option is a monetary award in exchange for an Easement.
So I'm not certain from your facts just how severe this encroachment may be or what it would cost to move the mobile home but your neighbor can file a suit and demand specific performance to have the home moved off his land. You can defend by using the argument that the encroachment is very small and does not interfere with the use of his property and that he has waited 11 years to complain under the equitable doctrine of laches. I can't tell you what the court will do in any case as it always depends on the facts and circumstances so all I can do is tell you that under KY law the doctrine of adverse possession would not apply. I have included a copy of the relevant statute below.
413.010 Action for recovery of Real Property -- Fifteen year limitation.
Subject to KRS 411.190(8), an action for the recovery of real property may be brought only within fifteen (15) years after the right to institute it first accrued to the plaintiff, or to the person through whom he claims.
July 15, 2002
Amended 2002 Ky. Acts ch. 306, sec. 1, effective July 15, 2002. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2505.
25 years experience
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