My shed on neighbors property

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My shed on neighbors property

I purchased a home directly from homeowner and paid a title company to handle the transaction. The previous owner lied about where property line was. After purchased was told by neighbor my shed is on their property and has been for 20 years. I checked property line they are correct. Now what? It needs fixing but don’t want to invest in something not on my property if neighbor could then come in and take it over.

Asked on February 7, 2017 under Real Estate Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Certainly, the neighbors could agree to sell you some of the land; or they could give or sell you a "license" to keep your shed there and access it (i.e. you'd have enforceable rights but not own the land). If they won't do this and want the shed gone, you'd have to move it or demolish it if it is on their land, since in buying the property including the shed from the seller, it became yours--and your problem. If the seller can be shown to have known about the shed issue (or that reasonably, he *must* have known based on the facts, circumstances, etc.) but intentionally failed to disclose that fact, he may have committed fraud, which means you may be able to sue the seller for your costs or losses, like the cost to move or demolish, and possibly the cost to put a comparable shed properly on your land.


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