Tuesday, May 25, 2010

A neighbor has built their fence 3500 sq ft over my property line. What is a fair price for the land?

I just moved in a brand new house, and my lot is about 20,000 square feet. My neighbors lot is about 14,400 square feet, but he's built his fence over the property line and taken about 3500 square feet of my lot. I'm going to have my land checked out by a surveyor for exact details --- it's a huge amount. I'm going to ask my neighbor about it soon, and maybe he'll just move his fence (he's build a huge playground and a big rock-well in the space, so I'm not sure if he'll want to), but I'm also okay just selling him the triangle peice of land as well. New lots are selling for about $20-$30 per square foot, is that what I should charge him? Should it be less because it's not a full property lot? Any advise would be greatly appreciated. Thanks!
Answer:
If I was in your situation, I would inform the neighbour about the problem first. I would also inform him/her that they should be responsible for at least half of the cost of the surveyors fees, and then start to negotiate on the selling price of the land that they have fenced in that is actually yours. I recommend that you don't sell for anything less than the going rate per square foot of land-no sense in you loosing money AND land, is there? A good price would be at least $25 per sq. ft. If the neighbour does not want to pay for the land then he must remove the fence from your property himself, or you will have it done and send the bills to him for the work. I'm sorry if that inconveniences your neighbour and his need to move the playground a rock-well area, but I guess he should have had a survey done himself first. Good luck!!
come out to aroun 105000
If you don't need the space it's better to sell it ( market price ) no less, it's your property my friend and a foot is worth a foot no mather how many he had taken...good luck
I would charge him extra for violating your space/property. Unless your okay with it! He obviously doesn't care and you might have to take him to court! Good Luck
Ok, it all depends on exactly where it is and the land value. You need to get it evaluated. Make sure you have the plans on hand so that you can prove it's your land. You never know, he mightn't be aware of the issue, and he mightn't even want to buy. You have to talk to him to see if he's aware of the issue and see what they're prepared to do.
tear his fence down and burn down the playground. It your land. he might be mad but tell him to go f u ck himself. Or have him arrested for trespassing on your property.
I certainly agree with you that your neighbor's encroachment on 15% of your lot is a huge deal. For one thing, it will affect your ability to provide a warranty deed whenever you seek to sell the property.

My advice is to contact an experienced real estate attorney to handle this matter. He can best advise you on the damages to which you are entitled and the necessary adjustments to deeds, etc.

I certainly would not accept less that the $30 per square foot market price because it reflects the minimum amount you will lose when you sell. Your settlement with your neighbor should also include an amount sufficient to cover your legal expenses. Hope this helps.
their first born child and a $5. gift certificate to Harvard Medical
School....
It would be advisable just to have your property surveyed, then ask him to remove the fence and improvements. Changing your property's configuration may violate zoning laws and make it impossible to sell your property. Ask your surveyor to create a detailed map showing your property lines and the encroachments. You could use this in court if he refused to move the fence and improvements.

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