Legal Question in Real Estate Law in Iowa
I bought my house seven years ago the house sat empty for eight years before I bought. While the house was empty, and before I bought it, my neighbor moved the side fence line and installed a hot tub about six feet onto my property. I am afraid that if I were to sell the property I could run into trouble since the property longer matches the property discription. I am not willing to gift my property to my neighbor can I make him move the fence back to the legal dimensions and force him to move his hot tub. I live in Iowa.
2 Answers from Attorneys
You'll have to sue your neighbor and that means you'll have to file a lawsuit. You need an attorney.
The first step is to get a survey done if you did not already have one done. Once the survey is completed, it should be very obvious if there is an encroachment, so you might try asking your neighbor to move the hot tub and fence, or ask him if he wants to purchase the portion of the property on which his hot tub is located. Keep in mind that you will need your local zoning department's approval, and the approval of your lender if you have a mortgage. If he refuses, your only other option is to sue him.
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