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We have a certified land survey that clearly shows a

We have a certified...

We have a certified land survey that clearly shows a neighbour's building and fence encroaching on our lot. The property is now listed for sale and we need to know how we should best proceed to correct the matter before it is passed on to a new owner. Your help is appreciated.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

As yet we have done nothing,

Lawyer's Assistant: Where is the land located?

Town of Stettler, Alberta.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The fence and building in question were constructed many years ago by the original developer in the 1970s. He sold it to the present owner as is about 12 years ago. No surveys were done at those times. We had a survey done about 4 years ago and it showed the results I mentioned. We have done nothing about it until now simply to avoid a confrontation with this neighbour. However, we do want the whole business resolved before a new owner becomes involved.

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Answered in 4 minutes by:
3/27/2018
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,502
Experience: Lawyer
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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I am sorry to hear this.

Do you know what land registry system you are under in your town?

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Customer reply replied 3 months ago
I'm not sure what you mean by this.

It's alright. I did the research and don't need this information.

I was concerned about a claim for adverse possession but it is not possible for the neighbour to successfully claim that now.

It would make the most sense to retain the lawyer that is going to do the closing now and have the lawyer demand that the neighbour remove their encroaching fence and building at once. If they refuse to do so then you will need to get a court order unfortunately.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 3 months ago
this does help quite a bit. You have certainly earned your $5 and 5 stars. Thank you.

I am glad I could help.

Can you please click the stars on the top of the page to show the site what the rating is?

Thanks and take good care.

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,502
Experience: Lawyer
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