If my home was built on part of a neighbor’s land what recourse do I have?

My home was built on their property line, and is on maybe 300 sq ft of their property. I own 10 acres and the neighbor, my brother, owns the 10 next to mine; we share a property line. He is threatening to tear my home down if we don’t buy his 10 acres for a large markup in price or re-deed the land giving them the best 10 acres and paying for their septic. I was wondering what a judge would make us do? I am trying to keep the courts out of it and keep a relationship with my brother but his requests are becoming unreasonable.

Asked on September 18, 2011 under Real Estate Law, Kansas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I commend you for trying to work this out in an amicable fashion.  But I have to say that I do not think it is going to end well given what you have said about your brother's position.  You need to speak with an attorney in your area as soon as possible.  Was a survey and title search done when you purchased the property?  Was it obtained through inheritance?  How long have you lived there knowing that it was like this?  I ask because you need to seek recourse in some way on the matter, either through a title company or through a parent's estate (if the executor did not convey the land free and clear then there is a problem) or by what is known as adverse possession.  And maybe you and the attorney can come up with a reasonable counter offer for him.  Good luck.

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