Property dispute? Please help.?

Question

Okay so heres the problem.

My neighbor's, the people who we bought our current property off of, have started a dispute with us. They claim that they want the porch that has been attached to our house since purchase and also resides on said neighbor's property, removed although that would force us to be lacking of a wall in said spot. We purchased this property from them four years ago and all of a sudden, this is a dispute.

My question is: Who is responsible for the expenses of this removal and are they able to do this?

Thank you for reading and I would appreciate any and all help with this situation.

Answer 1

Definately would not hurt to get the advice of a lawyer, most will give you a one time courtesy visit, I am not a lawyer, however, I would think the porch should go with the house, but, if it is on their property, then you have a problem,  but if it is going to do damage to the home and repairs have to be made, then I would give them the porch but with the understanding they have to repair the damage to the home in taking the porch, that is where a lawyer comes in, if they agree to take the porch and pay for the resulting damage to the home,have it  put it in writing , before any work is started,and make sure they sign the agreement in the presence of a notary.

Answer 2

It all depends on the the sale was done 4 years ago.  With a normal sale involving due diligence to protects both parties, a recorded deed describing the exact property tranfered would be available.  If it does, it would determine who owns the property  that is directly adjacent to the house. It would be possible to exempt certain items to meet the needs/desire of the owner and buyer.  However, an attached structure such as a porch would almost always stay with the house in the absence of any language specifically detailing what should happen to the porch.

I say all this to suggest that you get all of your paper work from 4 years ago and review it for the details.  Unless the porch was specifically mentioned, then you are probably ok.. However, if verbally discussing this with the neighbor doesn't end the dispute, then you will need to take this information to a lawyer in your area to begin the process of settling the actual disposition of the property.

Answer 3

Let me see if I understand this correctly... the porch that is attached to your house is sitting on their property?

Wow, that's a tough one.  There should have been something said about that in the purchase contract (or as part of the deed) to clarify who actually owns the porch.

In any case, I agree that this one needs a lawyer's attention!

Answer 4

Find the initial Title papers.  The previous owners would probably have had to sign an easement allowing the porch to overlap into their property. You may have to search for whoever held the title before your neighbors.

Your own Title company should have found this when you purchased the property. They should look into it at no cost because it wasn't bought to your attention. They are at fault.

I'm pretty sure you can stop your neighbors from taking the porch (or if you don't want it, they will have to pay for any construction/ repair that you will need, plus the actual removal).

Answer 5

I would get a lawyer for this one.  I'm pretty sure that since it is part of a permanent structure and they allowed it to be built there , there is not much they can do.  IF they cause any damage to your property with out a court order, you will have a BIG lawsuit on your hands..