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Tractor Talk Discussion Board

Re: OT- Info from John T in perticular


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Posted by John T on November 29, 2009 at 12:23:25 from (66.244.97.31):

In Reply to: Re: OT- Info from John T in perticular posted by JoeBob-IN on November 29, 2009 at 11:06:13:

Theres no harm in relying on the existing survey you mentioned and theres a good chance if you conducted an IC 36-2-12-10 "Legal Survey" the result would be the same. THE DIFFERENCE IS if theres a boundary dispute (he says building is on his property you say its on yours) the "Legal Survey" constitutes a method whereby an otherwise expert opinion ripens into a statutory authorized method of setting the boundary which becomes the boundary as a matter of law versus only an experts opinion otherwise.

Theres no harm in attempting the registered US mail return receipt (Green card) method of providing legal NOTICE of your intentions it may or may not get the attention of the neighbor, its often my first attempt to resolve something quick n easy n cheap especially when I make that threat as an Attorney (or do it youself is fine) HOWEVER the law does not recognize such nor grant you any authority to tear down the building!!!!! You might tear it down n say hey I wrote him a registered letter and end up loosing in Court n have to rebuild it at your expense, although I doubt that.

The bottom line is theres no harm in trying reasonable legal self help to get him to remove it but if he doesnt bluff then you have to go to Court at which time you may or may not have to get that "legal survey" . If the boundary isnt in discpute or his lawyer advises him its just an expense he will loose on he may fold. However if he maintians its on him then my guess is the Court will order that legal survey but if you win that then the court will most likely order him to remove it.

I guess my best free advice is DO NOT TEAR IT DOWN YOURSELF even if you may get by with it.

You have to weigh the costs of an attorney and possibly a legal survey if self help doesnt get it done BUT AGAIN you cant afford to sit on it because you could loose by adverse posession down the road

I would still try the out of court free methods first such as building commissioners or planning or zoning offices first about set backs and if he had a permit etc etc let them fight the battle for you

John T


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