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Jack R.
Jack R., Lawyer
Category: Real Estate Law
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Experience:  Mediator, part of the Ohio Save the Dream Foreclosure project
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I had my new backyard neighbor stop by my place last week,

Resolved Question:

I had my new backyard neighbor stop by my place last week, and he told he intends on replacing our chain link fence with a wooden one.

Here's the catch:

My house, which I purchased about 7 years ago, and the well/pump house was built in the 60's. The original owner of my house also owned the rear property, which was subdivided in appx. 1994. Part of my pumphouse appears to sit on the this neighbors property (slab, wall, and roof overhang). The neighbor said he found corner posts that indicate it does.

When the property was subdivided, there was a contract stating that the builder must install fencing in between the new properties and my place. While the lot lines clearly show a straight line along our border, the builder built an arched fence so that it would go around the pumphouse. Can the new neighbor force me to move the pumphouse?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Jack R. replied 11 months ago.
Thank you for choosing Just Answer. My name is XXXXX XXXXX I will assist you today.

the new neighbor could complain, and or you could have difficulty selling the property in the future if you don't handle the situation.

You should be able to file an action to quiet title which will give you and all others after rights to have the pump use where it is.

Here are some grounds for your case

Adverse possession, the use since the time the property was subdivided may be included in the calculation of time needed. If you are going to do this you need to quiet title before the owner gives permission which can later be revoke.

Easement by Prior Use If the pump house was on the property prior to and after the subdivision then you can keep the pump house where it is at. This may be a sure winner based on your description.

Easement by prescription similar to adverse possession rights are based on long term use without explicit permission.

When you file to quiet title you would include all of the above as reasons. You only need one to succeed.

Please accept my answer with a rating of 3 or better so I may get credit for my response. If you have follow up questions please ask. Please note that paying the deposit does not cause funds to be disbursed until you rate my response (3 or greater).





Customer: replied 11 months ago.

Thanks for the response.


 


I'm not quite sure if you can answer this, but......


 


If I don't file for quiet title, can he do something to prevent me from filing if a fight ensues? Basically, I'd just like to be able to say "no, I won't move it", without him having the option of destroying it or filing some type of lawsuit to force me to do so.


 


I'd like to do what I can to keep the peace if at all possible. I figure filing right away may cause a neighborhood dispute.

Expert:  Jack R. replied 11 months ago.

No he cannot stop you from filing. HOWEVER, you need to be prepared to file an emergency injunction if he starts dismantling the pump house. I saw one case where a homeowner woke up to see a fence being removed, the homeowner did get an injunction to stop the fence from being taken down.

 

Please accept my answer with a rating of 3 or better so I may get credit for my response. If you have follow up questions please ask. Please note that paying the deposit does not cause funds to be disbursed until you rate my response (3 or greater).

Jack R., Lawyer
Category: Real Estate Law
Satisfied Customers: 6147
Experience: Mediator, part of the Ohio Save the Dream Foreclosure project
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