My Neighbour Is Claiming Squatters Rights After 40 Years On An Extension Built By Her Father.?
Her father built the extention unto a piece of land owned by my father, there is no legal binding, but I presume that my father gave permission.[both are now dead] The land is currently farming land with out houses , sheds and the remains of the old house. I now wish to built myself, the daughter is objecting on behalf of her brothers[she doesn't live in the house] and is applying for squatters rights. The land is in my name, however I have no plans to distrupt the extension but have great objection to her claiming squatters rights on my current strip of land which is approx 30/40 metres square. This would greatly impact on my development and the rest of the site. I would gladly sign over the piece of land that the extension sits on as I believe this was a gentlemans agreement at the time between our 2 parents. The site is in current use [farming] including the narrow strip of land
.I would prefer to settle this without going down the legal route.
I would be grateful for comments.
I don’t know how you can do this without a lawyer if she doesn’t cooperate.
I’m wondering though, if anyone who doesn’t own or use the land can have squatter’s rights. She’s not actually the one squatting, is she?
Since you don’t mind signing it over why don’t you just do that?
You mention metres instead of feet, so I’m guessing you’re not in the US. Find out what defines squatter’s rights where you are. Maybe that will put you on the right track.
WELL JUST TELL HER WHAT YOU TOLD US.
Because you described the dimensions in meters, I assume it’s either Canada or someplace other than the US. Laws vary. Squatters rights normally apply to continuous occupation. You are currently using the land for farming, not her or her brother. Her family vacated the property without establishing a claim on it. I doubt they have a claim to it.
You are in a he-said/she-said scenario. I can not see how you can avoid SOME legal route. I would call a title company and see if they have any advice to offer. I would also call your local tax office and see what can be done from their perspective. If you’ve been paying taxes all of these years….
But I still feel that either a very experienced Real Estate Broker or Attorney will need to be advised on this. Squatters rights vary from state to state and perhaps even county to county. There have been some very emotional sparks started over such issues; don’t assume anything. Take the initiative to get the facts and don’t turn over any of your rights to keep these people “happy”, if what they are doing may in fact not be legal anymore (as it may have been those many years ago)….
040208 5:28
I would go and see her and make your case as above in a calm way. If she does not buy it then go and see a lawyer. A little money spent could save you a lot in the long term.