Legal Question in Real Estate Law in Idaho

Structure Encroachment

Nine years ago, I had my property legally surveyed and found a structure built about 5 ft into my property. The structure had been there for about 35 years and was thought to have been placed on city property without permission or my input. I told the owners I would never sell the property to them but the structure could remain as long as we both still owned our properties. The property has now sold and the new owners are filing for adverse possession of the property and a property line adjustment. We have paid taxes on the property for over 50 years and simply want the structure removed. Can they really just take the our property or can we have the garage moved. The new owners have asked to purchse the property and we have informed them that it is not for sale and the garage needs to be removed.


Asked on 8/27/06, 12:09 am

1 Answer from Attorneys
Alan D. Humbert Law Office of Alan D. Humbert

Re: Structure Encroachment

This is a pretty complicated situation, and according to your description going back for 35 to 50 years. You also mention the municipality being involved with the building.

The number of years for adverse possession claims to ripen varies from state to state, and the success of a claim depends on the facts.

If you have not already done so, you should consult with a local attorney familiar with this branch of property law. He or she will probably need to conduct a title exam and review all available surveys.

Good luck with the process.

Regards,

Alan

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Answered on 8/27/06, 2:59 pm


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