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Collin Luckett
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Barn is Partially on Neighbor's Property, Need to Sell!

Collin Luckett
Posted

Hello, we have an investment property in northern Minnesota that we have been trying to sell, we have it under contract and are supposed to close in a few days. The problem is when we got a survey done for the buyers, it showed that a barn mostly on our property has a corner sitting on the neighbor's property. The property is one of 3 that was a part of a bigger property owned by the neighboring family that got split, we purchased this one from the neighbors' brother. It has a fence that we verbally agreed we would honor as the property line when we purchased it without a survey and the fence line gives us more space in some areas and the neighbor more space in areas when compared to the legal property lines. 

How can we go about getting a clean title, no problem selling with sellers having access to the barn that has the property line going through it? The title company mentioned a possible easement as a solution? Is there another way to go about it that just honors the fence lines? Would a letter from the neighbor suffice? 


Title company has been slow on this one, looking for help ASAP as we close in a few days. Thank you BP community!! 

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Nathan Gesner
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  • Real Estate Broker
  • Cody, WY
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Nathan Gesner
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  • Cody, WY
ModeratorReplied

Move the barn. Purchase a small chunk of land from the neighbor so the barn is on your property. Get a written agreement from the neighbor that they'll allow it to stay but it must be moved onto your property if it is every replaced.

Talk to the neighbor and see what you can work out.

  • Property Manager Wyoming (#12599)

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Tom Gimer
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Tom Gimer
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Replied

@Collin Luckett — Lot line adjustment or easement agreement. Former would be permanent while the latter could be temporary (as long as the barn or fences exist, for example) if desired.

The surveyor you just hired can help with the language required for either. 

  • Tom Gimer
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    Theresa Harris
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    Theresa Harris
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    Replied

    Talk to the city/county and explain that you have an agreement with the neighbour to follow the fence line that you both agreed to-how to get that as the new property line.

  • Theresa Harris