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
We sell tractor parts! We have the parts you need to repair your tractor - the right parts. Our low prices and years of research make us your best choice when you need parts. Shop Online Today. [ About Us ]
Today's Featured Article - Usin Your Implements: Bucket Loader - by Curtis Von Fange. Introduction: Dad was raised during the depression years of the thirties. As a kid he worked part time on a farm in Kansas doing many of the manual chores. Some of the more successful farmers of that day had a new time saving device called a tractor. It increased the farm productivity and, in general, made life easier because more work could be done with this 'mechanical beast'. My dad dreamed that some day he would have his own tractor with every implement he could get. When he rea
... [Read Article]
Latest Ad:
2022 John Deere 5045E, 4wd, front end loader and 3rd function with grapple. 120 hrs, 55k new, must sell
[More Ads]
All Rights Reserved. Reproduction of any part of this website, including design and content, without written permission is strictly prohibited. Trade Marks and Trade Names contained and used in this Website are those of others, and are used in this Website in a descriptive sense to refer to the products of others. Use of this Web site constitutes acceptance of our User Agreement and Privacy Policy
TRADEMARK DISCLAIMER: Tradenames and Trademarks referred to within Yesterday's Tractor Co. products and within the Yesterday's Tractor Co. websites are the property of their respective trademark holders. None of these trademark holders are affiliated with Yesterday's Tractor Co., our products, or our website nor are we sponsored by them. John Deere and its logos are the registered trademarks of the John Deere Corporation. Agco, Agco Allis, White, Massey Ferguson and their logos are the registered trademarks of AGCO Corporation. Case, Case-IH, Farmall, International Harvester, New Holland and their logos are registered trademarks of CNH Global N.V.
