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Neighbor Shed on My Property: Adverse Posession Probably Applies Any Remedies?

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scott-m

Junior Member
What is the name of your state (only U.S. law)? VA

Hello, my neighbor's shed encroaches on my property by about 6 inches. we want to install a fence along the property line. They refuse to move the shed. The shed was likely built in 1978. We moved in 21 years ago. we have no knowledge of any letter granting permission for the shed to encroach. Is there any way we can force them to move the shed? If not, is there any way we can resolve this for the next homeowner of either property?

Additional information:

Apparently, adverse possession in Virginia does not require the encroacher to pay property tax on the encroachment.

Two years ago, we built a shed. We did a property line survey in preparation for the fence installation. We discovered that our shed encroached on our neighbor's property -- about 1/4 of the shed. At no small expense, as the shed is on a slope, we moved the shed.

Our neighbors claim they knew we were encroaching, but elected not to tell us. They claim they did not know their shed was encroaching. These are inconsistent claims.

We have a hedge today along the property border. The hedge is significantly inside our property line near the shed, intentionally. However, we are now worried that our neighbor can claim adverse possession of our property on their side of the hedge.

When we moved in, 21 years ago, we knew about the encroachment from our survey. We received no advice other than accept the encroachment or stop the sale. Our neighbor's survey also shows the encroachment. The notation is far from clear. They claim, probably truthfully, that they had no idea what it meant.

We can't cut off all contact with our neighbor. We share a common driveway.
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? VA

Hello, my neighbor's shed encroaches on my property by about 6 inches. we want to install a fence along the property line. They refuse to move the shed. The shed was likely built in 1978. We moved in 21 years ago. we have no knowledge of any letter granting permission for the shed to encroach. Is there any way we can force them to move the shed? If not, is there any way we can resolve this for the next homeowner of either property?

Additional information:

Apparently, adverse possession in Virginia does not require the encroacher to pay property tax on the encroachment.

Two years ago, we built a shed. We did a property line survey in preparation for the fence installation. We discovered that our shed encroached on our neighbor's property -- about 1/4 of the shed. At no small expense, as the shed is on a slope, we moved the shed.

Our neighbors claim they knew we were encroaching, but elected not to tell us. They claim they did not know their shed was encroaching. These are inconsistent claims.

We have a hedge today along the property border. The hedge is significantly inside our property line near the shed, intentionally. However, we are now worried that our neighbor can claim adverse possession of our property on their side of the hedge.

When we moved in, 21 years ago, we knew about the encroachment from our survey. We received no advice other than accept the encroachment or stop the sale. Our neighbor's survey also shows the encroachment. The notation is far from clear. They claim, probably truthfully, that they had no idea what it meant.

We can't cut off all contact with our neighbor. We share a common driveway.

Build a fence on the property line. End of story. If that means they don't have access to their shed, well oh well.
 

LdiJ

Senior Member
Build a fence on the property line. End of story. If that means they don't have access to their shed, well oh well.

The sheds only over the property line by six inches...that makes it kind of impossible to build a fence on the properly line.
 

Zigner

Senior Member, Non-Attorney
Offer to contribute to the cost of relocating the shed. To "contribute" may end up meaning that you pay for it all, but it's all about the negotiation.
 

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