Q & A Table of Contents
Our Neighbors' Shed's Invaded Our Land
From: Kris, Kokomo, Indiana
Question: We recently purchased a new home. Because we wanted to install a fence, we had a stake survey completed. The results of the survey indicate that our neighbor's shed (which is quite elaborate, yet does not have a cement foundation) is 2.5' on our property. We feel the fence definitely needs to be on or near the property line and we prefer they move their shed, which is within our legal rights. However, we wish to remain friendly with our neighbors so we do not want to approach them in the wrong way or seem the jerky neighbor. How should we go about approaching this problem with them and convincing them that moving their shed is good idea? Any suggestions?
Response: If your relationship with your neighbor is friendly or at least polite, there is no reason not to tell them about your plans to erect a fence. You should tell them that you had a survey done to make sure you don't put the fence on anyone else's property. Tell them you were surprised to discover their shed is partially on your property.
You might suggest there are a number of possible solutions:
- They may want to have their own survey done to confirm (or yield a dispute with) the findings of your survey.
- You can then ask them to move their shed.
- If they don't want to move the shed at their own expense, you need to consider whether financial or other kind of help from you will help get the shed moved.
- If moving the shed creates real problems, you might want to consider trading the land their shed occupies to them in exchange for land from them. Perhaps they would want to buy the portion of your land their shed occupies.
If there is a risk your neighbors' attitude might become confrontational, before you talk with them you need to examine your interests very carefully. What is more important -- a good neighborly relationship, getting rid of the shed's intrusion on your property, or something else? Do you have a good BATNA (Best Alternative To a Negotiated Agreement)? for example, could you simply move the shed yourselves? Could you erect a fence that cuts through or climbs over the shed? Can you rely on any public authorities to come to your aid? What will your relationship with these neighbors do to your reputation in the neighborhood? How will different possible outcomes impact on the level of stress in your life?
Once you have considered these issues, try to find out how much your neighbors value their relationship with you. If they really care about that, it may increase your capacity to influence them to cooperate.
Good luck,
Steve
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