How crazy is moving a custom built carport?

[LNKMK8]

Definitely let it sit until it actually becomes an issue, as it may never be one. I suspect the chances of your current neighbors even knowing that it is over the line is very low. Might run into an issue if they sell the property and a land survey is done as part of the transaction, but even then I wouldn't worry about it. At most I would extend the cement out so that you would be ready in the need of moving it.

 

[Old tool guy]

So your advocating to just take the land?
I guess that means you'd be ok with a squatter occupying your land and taking it from you?

Lol. Ok.

If you follow the rules … why not?

 

[Just_Steve]

If you follow the rules … why not?

That's how disputes become violent and people die. Neighbor disputes are in the news all the time.

 

[racecougar]

If you follow the rules … why not?

I mean, it's not particularly polite, for starters.

 

[Old tool guy]

I mean, it's not particularly polite, for starters.

In this case, the carport, it was a mistake not an intentional taking.

 

[racecougar]

In this case, the carport, it was a mistake not an intentional taking.

Filing for adverse possession would be rather intentional.

 

[Codyboy]

If you follow the rules … why not?

Like eminent domain when the big oil guys want to cut through your living room with a new pipeline?
Or the state wants to put a freeway in your front yard?
Lemme guess. It's all good if you're the one coming out ahead?
Liars , cheats, and thieves do things like this.
Heck, the 23 acres next door would be very easy to just take. The person that inherited it 20 years ago just pays the $35 a year in taxes and has never set foot on it except maybe 50 years ago.

That's how disputes become violent and people die. Neighbor disputes are in the news all the time.

Yep , people have been deaded over lesser issues.

 

[Codyboy]

In this case, the carport, it was a mistake not an intentional taking.

Exactly. Own your mistake.

If you follow the rules … why not?

Sounds like talking out both sides of your mouth.

Makes me nauseous.

 

[no704]

Im with the leave it alone camp.

 

[Old tool guy]

Exactly. Own your mistake.

Sounds like talking out both sides of your mouth.

Makes me nauseous.

I’ll get you a barf bag … it’s real life

Owning the mistake has been one of the options talked about here, but the OP is reluctant to approach the neighbor. Leaving it alone and not filing for possession is a good solution.
.
What i am saying is, if the carport owner had intentionally built over the line, and intentionally hidden the fact from the neighbor, it would be a fraudulent act and they should expect bad consequences.

 

[kwb]

Let sleeping dogs lie.
If it becomes an issue, move it then and be apologetic about it. Be quick about getting it done as well.

 

[JohnX14]

As far as I remember from previously, the lot line hasn't been staked by a Surveyor, so a lot of this conversation is based on "what-if's" The carport encroaches on a "perceived" lot line. Get it surveyed, or let it go. (I was never advocating adverse posession approach, fwiw, but that is partially the focus of recent discussion)

 

[Hooked]

Just talk to the neighbor. Since there was a known handshake agreement by the original owners maybe he knows about it as well. Simple solution to have it recorded with the county and the property deeds updated accordingly.
If the neighbor is a jerk, or doubts the handshake agreement info, then you'll need to move it.

edit: I just re-read the part about the neighbor being hostile so this may not work out but I still think a discussion is in order.

 

[gba2331]

Kinda already mentioned. Ask the neighbor if you can buy that small triangle of land, pay for a new survey and give your neighbor a case of his favorite afterwards.

Another option is to redraw the lot lines, giving them an equal amount of land elsewhere.

If we'd have allowed that fence to stay up, eventually he could have claimed adverse possession.

At least in Virginia, adverse possession requires the original owner to be unaware of the issue. If the owner knows about the issue, then the land cannot be adversely possessed.

So you’re advocating to just take the land?
I guess that means you'd be ok with a squatter occupying your land and taking it from you?

Lol. Ok.

And you think the neighbor is hostile now….

 

[gba2331]

How about using scaffolding on wheels to support the rafters and then roll it into the new position? It’s not very heavy.

 

[Today's Tom Sawyer]

Been a few weeks, but I’ll come back with my tail between my legs with an update.

Surveyor was here Friday. He and I discussed the oddities of how this property line is documented at the Register of Deeds. The dotted line from 1998 is still shown on the official plat labeled as “Owners deeds do not match, settlement to be reached”.

Regardless, in the end all that matters is that there was no correction to the record in the following years, so the solid line shown (not the dotted line) is considered the property line. He did the survey based on that line. We are 6 feet over.

We have sent a letter to our neighbor (we don't think they would be welcoming to a door knock) informing them of our encroachment, and that we would like to resolve. Whether that is paying them for a durable easement, or paying someone to tear down the structure.

We have looked into moving it over the 16 feet needed to get it past the setback, but the terrain makes it prohibitive, if not impossible.

We know we are going to be paying out some monies here, they can decide whether that is to them and the structure remains, or to a contractor and it goes away. Feels good to have at least started the process.

 

[mike93lx]

Been a few weeks, but I’ll come back with my tail between my legs with an update.

Surveyor was here Friday. He and I discussed the oddities of how this property line is documented at the Register of Deeds. The dotted line from 1998 is still shown on the official plat labeled as “Owners deeds do not match, settlement to be reached”.

Regardless, in the end all that matters is that there was no correction to the record in the following years, so the solid line shown (not the dotted line) is considered the property line. He did the survey based on that line. We are 6 feet over.

We have sent a letter to our neighbor (we don't think they would be welcoming to a door knock) informing them of our encroachment, and that we would like to resolve. Whether that is paying them for a durable easement, or paying someone to tear down the structure.

We have looked into moving it over the 16 feet needed to get it past the setback, but the terrain makes it prohibitive, if not impossible.

We know we are going to be paying out some monies here, they can decide whether that is to them and the structure remains, or to a contractor and it goes away. Feels good to have at least started the process.

Good on you for doing the right thing