Hi,

We bought a property a few months ago. The survey showed that 1/2 of the neighbor's carport and 3 feet of the corner of her house encroach on our property. We bought it knowing full well. How can we reclaim it? or is it owned now by the neighbor's (squatter's right)? The property is located in Michigan.

Thanks, Matt.

Your question is addressed on the following website:
http://real-estate-law.freeadvice.com/adverse_possession.htm

You need to defend the property against adverse posession, which can result in entitlement of the land to the person taking posession by virtue of a hostile encroachment. It may already be too late, but a real estate attorney is about your only option to defend against the encroachment or to minimize its impact. You may be able to sell the property or easement rather than require the neighbor to demolish or remove the structures. Either way, if you do not defend it, you lose it eventually (or already).

I was wondering about the property tax implications on such an action. I mean, (assuming everyone eventually agreed to new property lines--wherever they finally end up), couldn't you make a case to have your property taxes lowered as a result? I know that total acreage is certainly a factor of our dreaded property tax bill...

Definitely, a real estate attorney. But be a little careful about running up huge legal bills, too. There is something to be said about the old adage "throwing good money after bad."

Have you had a survey done yet?

Regards,
-k2 in CO

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