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 bettyvanbuskirk
Joined: 27 Oct 2008
Posts: 1
1.28 Dollars($)
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 Posted: Mon Oct 27, 2008 2:49 pm Post subject: What is the best way to handle an encroachment issue? |
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| I have a building that is on 10 feet of my neighbors property, can we just execute quitclaim deeds giving each other 10 feet of each other's property or is their a better way to accomplish this |
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smithsussane
Joined: 18 Sep 2008
Posts: 4546
Location: Alaska
445.32 Dollars($)
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| Posted: Mon Oct 27, 2008 7:20 pm Post subject: |
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Hi bettyvanbuskirk!
Welcome to forums!
As far as I know, if the property owner does not object to the encroachment, then he must give you a letter stating that the trespass as well as the encroaching structure is done with the owner’s permission. The owner should also have the neighbor countersign the letter. The letter should include a provision that the neighbor should remove the structure when the owner requests.
I think in your case, a quitclaim deed will be of help but it will be better to involve an attorney in this process.
Feel free to ask if you have further queries.
Sussane |
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| Posted: Tue Oct 28, 2008 8:37 am Post subject: |
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| I would definitely contact an attorney to be sure everything is being considered and deeds get prepared correctly, etc. Keep in mind that if your neighbor has a mortgage on his property, that means his mortgage covers 10 feet of your building. |
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