Move it or Not?

AC2717 · 03-21-2018, 10:32 AM

if it is wrong, then the title and deed researchers could be on the hook here. They are supposed to research to confirm there is no issue with land boundaries and property transfers. I have seen twice this be the case and this where someone would go to move.

You also have to think about the taxes on this as well, have you been paying taxes on land/building you don't own???

winni83 · 03-21-2018, 11:17 AM

Unless a survey was performed at the time of issuance of the Policy, it is very likely that the policy contains a so-called survey exception, such as:

“Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises.”

Biggd · 03-21-2018, 11:26 AM

I would get my own survey first. You will need that as proof going forward. If the camp doesn't have a foundation then now maybe the time to put one in and move the camp. You will probably have to consult a lawyer and file a law suite to get reimbursed. Either way it's going cost you out of pocket first.

FlyingScot · 03-21-2018, 11:56 AM

Is this waterfront? if the answer is yes, you are in a spot that may not have a happy ending, and assuming you do not need to invest in the building itself, you might just want to let the sleeping dog lie.

In a non waterfront spot, it is easy to see how two neighbors might agree to change a diagonal property line by pivoting the line a few degrees on a spot in the center of the property. But if you are on the water, then virtually all of the value of the land is at one end of the properties, so pivoting the line in the center becomes a real issue with respect to value, and you probably end up proposing to by a piece of your neighbor's yard that he probably does not want to sell.

In any case, I would try to envision the happy solution for both sides before you reveal your problem to anyone you might up up negotiating with.

Good luck!

swnoel · 03-21-2018, 07:58 PM

Quote:

Originally Posted by winni83

Unless a survey was performed at the time of issuance of the Policy, it is very likely that the policy contains a so-called survey exception, such as:

“Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises.”

Yep... don't forget + or -, more or less! If the building has been there for 20 years without anyone complaining adverse possession will come into play. Many people have lost property to others as long as it's been hostile, open, and continuous. If the building hasn't been there for that long it might make more sense to shut your mouth and say nothing! Otherwise it will cost you a lot of heartache! Then again they might sell you the land it's now located on... good luck

03-21-2018, 10:32 AM	#1
AC2717 Senior Member Join Date: Apr 2007 Location: Maynard, MA & Paugus Bay Posts: 2,616 Thanks: 756 Thanked 369 Times in 277 Posts	if it is wrong, then the title and deed researchers could be on the hook here. They are supposed to research to confirm there is no issue with land boundaries and property transfers. I have seen twice this be the case and this where someone would go to move. You also have to think about the taxes on this as well, have you been paying taxes on land/building you don't own??? __________________ Capt. of the "No Worries"

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03-21-2018, 11:17 AM	#2
winni83 Senior Member Join Date: Nov 2009 Location: Moultonborough, NH Posts: 439 Thanks: 17 Thanked 218 Times in 138 Posts	Unless a survey was performed at the time of issuance of the Policy, it is very likely that the policy contains a so-called survey exception, such as: “Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises.”

03-21-2018, 11:26 AM	#3
Biggd Senior Member Join Date: Nov 2016 Location: Waltham Ma./Meredith NH Posts: 4,422 Thanks: 2,428 Thanked 1,270 Times in 813 Posts	I would get my own survey first. You will need that as proof going forward. If the camp doesn't have a foundation then now maybe the time to put one in and move the camp. You will probably have to consult a lawyer and file a law suite to get reimbursed. Either way it's going cost you out of pocket first.

03-21-2018, 11:56 AM	#4
FlyingScot Senior Member Join Date: Jun 2016 Location: Tuftonboro and Sudbury, MA Posts: 2,548 Thanks: 1,412 Thanked 1,075 Times in 668 Posts	Is this waterfront? if the answer is yes, you are in a spot that may not have a happy ending, and assuming you do not need to invest in the building itself, you might just want to let the sleeping dog lie. In a non waterfront spot, it is easy to see how two neighbors might agree to change a diagonal property line by pivoting the line a few degrees on a spot in the center of the property. But if you are on the water, then virtually all of the value of the land is at one end of the properties, so pivoting the line in the center becomes a real issue with respect to value, and you probably end up proposing to by a piece of your neighbor's yard that he probably does not want to sell. In any case, I would try to envision the happy solution for both sides before you reveal your problem to anyone you might up up negotiating with. Good luck!