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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 110509
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Question regarding encroachment -my husband's dad bought land

Customer Question

question regarding encroachment -my husband's dad bought land in the 70's a little over 11 acres - 2 lots which were listed as adjoining lots - 2 separate tax payments - 1 address - (it is now has address on each) His Dad built barn on property line the line is right down the middle of barn. Property with home on it foreclosed in 2012 - current owners bought home knowing that half our barn was on property line. We rec'd a notice from them that consisted of copy of a fax from FHA to them saying that in order to qualify for FHA refinance encroachment must be torn down.
Also there was a note from them saying they would like to talk to us about tearing down their side of the barn. I have not contacted them yet - wanted to find out what our rights are. I'm sure they just cant tear down half our barn.
I'm wondering if we need to could we back date an easement or agreement since both parcels were owned by first his dad and then my husband.
I'm not sure of where we stand legally. I'm pretty sure they just can't tear half our barn down when they were aware of it when they bought it. Any suggestions would be great
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Legally, if the barn is on their land and your land, then you have to grant them an easement over that land for the barn and the easement would need to be put in writing on the deed of both your property and their property to give you access to their property and them access to your property. If you two do not grant a mutual easement, the court can order the structure removed from their property completely. Other than that, you could agree to sell them the land the barn is on or offer to buy the land the barn is on and reduce the size of their parcel.
These are the options you have available to you in this type of situation.

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