A neighbor built a barn and it encroaches on my property what can I do?

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A neighbor built a barn and it encroaches on my property what can I do?

Building has been there for 10 years, this was found during a recent survey.

Asked on February 14, 2018 under Real Estate Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Try to work something out with your neighbor regarding the situation. Litigation will only add time and expense. Assuming that your survey is accurate and done by a duly licensed surveyor, you can take your neighbor to court if need be and have a court order its removel. In lieu of that, you could enter into a formal legal settlement for an agreed amount to let them leave the barn where it is. Again, however, coming to an understanding prior to litigation is always best.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can require them to move it: they have no right to have a barn on your land without your permission. If they will not voluntarily move it, you could sue them, seeking a court order requiring its removal. Or you could settle with them: have them pay you a certain amount for the right to have their barn there.
They may challenge your survey. If you and they cannot work it out it out voluntarily and end up in litigation, a court will decide whose survey is correct.


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