70.1k views
5 votes
when the title search found that the barn at 1000 oak lane encroached by five feet onto the neighbor's property, the neighbors could have

User SLDem
by
8.5k points

2 Answers

3 votes

The neighbors at 1000 Oak Lane could request the encroaching barn's removal, seek a court-ordered injunction, demand monetary compensation, or sell or lease the affected land. They also have the option to do nothing, which may lead to adverse possession.

When a title search reveals that a structure such as a barn is encroaching on a neighbor's property, as is the case with the barn at 1000 Oak Lane, the neighbors have a few legal options at their disposal. First, they could request the removal of the encroaching portion of the barn.

Alternatively, they could seek a court-ordered injunction for the removal or even demand monetary compensation for the encroachment. In some instances, the neighbors may also agree to sell or lease the encroached-upon section to the owner of the encroaching barn.

Furthermore, there's an option to do nothing and tolerate the encroachment, which could potentially lead to the barn owner gaining rights over the disputed land through adverse possession if certain conditions are met over a statutory period.

User Armagedescu
by
7.9k points
2 votes

When the title search found that the barn at 1000 Oak Lane encroached by five feet onto the neighbor's property, the neighbors could have required that the barn be removed.

What could the neighbors have done?

If the barn at 1000 Oak Lane encroached by five feet onto the neighbor's property, the neighbors could have required that the barn be removed but in this situation, the neighbors were ready to accept an easement that allowed the encroachment into their apartment.

The neighbors would have taken legal actions like Ejectment which would force the barn owner to remove the barn from their property. They may also have sued the neighbors for trespassing.

User Jatin Gupta
by
8.8k points