Monday, February 13, 2012

Is this legal?

My home and garage was built in the 1800's on an already established farm on the edge of town.The street out front is a 1 lane gravel...no curb and gutter.In 1920 this city decided to plat it all out.Until I received a warning from the police to not park on city streets in the winter,I had no idea the property line goes through my garage and right up to the first step on the porch.....no trees,flowers or sidewalk ...and also no parking out front.The city says it owns it and can do as it pleases with that portion of the property....I say the property line needs to be moved....Is this legal...Is there some sort of grandfather clause involved???????

Is this legal?
If the city was aware of your garage and it has been there seven years, it might be possible to claim the land as your own. Something about overt and "hostile" ie. w/o permission, occupation of land can make that land revert to you. sounds like you might have a case. Talk to a lawyer who specializes in real estate. Property lines can shift due to who uses the property...



I'm not sure this is an eminent domain situation...
Reply:Eminent Domain:



The govornment does have rights to your property, but I believe it is under restitution. Did they even tell you they were going to change the layout of your property? That is crappy of them, for real, but is completely legal. I am sorry for that!



There is no grandfather clause for eminent domain.
Reply:If a suveyor says the land is theirs there isn't much you can do



But remember they have to give you a right of way



But that is all
Reply:did your title check come back clear? then I am sure the documents you signed gave the exact location of the property lines.
Reply:Well first, you should have checked on the property lines before you bought the property. It doesn't sound like the city "took" your property; you never had it in the first place. Secondly, the government does have the right of eminent domain, meaning as long as they pay you fair market value, they can take your property from you. I don't think that's your issue here. If you want more property than you bought, you're going to need to negotiate with the town. Next time, check your property lines. Sorry for your troubles.
Reply:Look at the deed. if it is not specified it does not count.


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