Burn the barn down?

braxton357

braxton357

Robot
Joined
Apr 6, 2005
Location
Morganton
What would be your take on this situation? The blue line is my property (in south AL) and they are accurate, above it is a house that is partially on it but built years ago and below is a relatively new barn that I've been paying property taxes on for years that isn't mine but is on my piece of land. Really didn't matter until just now that this parcel is going to be clearcut and I imagine will have to finally deal with it. I don't know her but I know it's a 62 year old widower so I'm not trying to be a dick but they both worked for the county commissioner and tax office, so I don't believe it was a mistake.

Anyway, I've got my ideas but wonder if anyone has dealt with this before and what would you do?

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I don't know about the house, but I would call that barn mine. It's on my land, I pay taxes on it. If I'm paying any taxes on the house, it's mine too.

If I decided to burn the barn down I would definitely get the proper permits.
 
Other than the fact that you have wasted money paying taxes on a barn that’s not yours, what’s the issue? Looks like the trees that you will have clear cut aren’t really around the barn. Would it even be in the way of the clear cut?

Have you tried just talking to the lady? Maybe she will be reasonable. You could propose that she pay the back taxes or “purchase” the barn for a reasonable price, or just pay to have the lines re-surveyed to reflect the property she is using.

Seems there is a much better way to handle it than just burning down someone’s barn that’s been on your property due to an oversight that is probably very old. I would imagine that could result in a nasty law suit, that even if you won, could cost you a lot of time and legal fees. A simple knock on the door and discussion over coffee may go a lot further and easier than you think.
 
Not sure how long you’ve been there...but I’d imagine this would be subject to adverse possession laws. If she’s ‘claimed’ that land for X years (I think 20 in N.C.)...plus a building that’s been there, she might have valid claim to the property. But you have paying taxes on the land/building in your favor.
 
Could you possibly charge her back taxes on the barn and land it takes up? I doubt it would be much but could buy a set of new tires. :D
 
For the record, "burn the barn down" was a joke. This only comes up because I really don't want to sell any land but that's also space that could be replanted but won't. I will be meeting in person next week, which is why I'm looking for ideas as to a solution. It's about .9 acres, and my thoughts are to have them pay for a survey then ask for double the asking price per acre for that area. That would still be relatively inexpensive and probably close to equal what they would have to pay for an adverse possession claim.
 
It's alabama, which is more backwardser than SC, but not quite as bad as Mississippi.

She's probably connected and will win in court if it goes the normal route.

What about way outside the box.
What about approaching her with a Bill to demo and remove the barn.
A GC would probably need about...$15k to demo and haul off another $10-15k. They built it illegaly it has to go. It impedes your management plan. They should pay to have it removed.

Plus you have lost future revenue of the trees that would grow there. Plus the additional expense of your loading deck being elswhere....I think $50k is fair?
 
I'd go talk to her. If she's nice about it, go one way. If not, go another.

If she's a nice lady, and nicely talks about it, I'd go so far as lease her that half acre or whatever that's clear, for a dollar a year. Including "your" barn. That way there is no claim to adverse possession or whatever from her family 30 years from now when she croaks.

Is your land unoccupied otherwise? It's worth something having a friendly caretaker/watcher nearby.
 
Oh, and look up her deed, too, and check out the measurements, etc. Make sure there's not an error/overlap.

My folks had a place, two different surveyors walked off the job. I finally figured out that according to the deads, both parcels overlapped by 10'. Was supposed to be an alleyway between the lots. Alleyway was supposed to belong to one lot, the other had an easement over it. But....both deeds included the alleyway as part of that property.

Or, maybe she has some paperwork you don't have... that acre of land bought/sold, but never recorded.
 
Keep the barn. Burn her house down. Say you were just clearing some construction debris that had spilled over on to your property. As a wise man named @Blaze once said
Blaze said:
There is no problem that can't be solved with a well placed match.
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My dad bought this piece of land almost 40 years ago, the building is maybe 15. This was originally a pasture.

kaiser715 said:
I'd go talk to her. If she's nice about it, go one way. If not, go another.

If she's a nice lady, and nicely talks about it, I'd go so far as lease her that half acre or whatever that's clear, for a dollar a year. Including "your" barn. That way there is no claim to adverse possession or whatever from her family 30 years from now when she croaks.

Is your land unoccupied otherwise? It's worth something having a friendly caretaker/watcher nearby.
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I like this idea and this is probably what will happen. This is in the middle of nowhere and realistically the next nearest house to these in the picture is several miles down the road and is mine-- I'd rather not have it get torched and I'd rather not be an asshole.
 
Barn is on your property. It is your barn. Since she is older, I would try to be as nice as possible, but at the end of the day, it is your barn. I would make sure it was built with a permit because it is also your liability.

The lease for a dollar per year sounds like it could be a CYA.
 
BrianGreen said:
Barn is on your property. It is your barn. Since she is older, I would try to be as nice as possible, but at the end of the day, it is your barn. I would make sure it was built with a permit because it is also your liability.

The lease for a dollar per year sounds like it could be a CYA.
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Good points here. Agree w/ the dollar a year lease. But there is value in considering the liability issue w/ the barn. You say it isn't "yours" but the truth is, it was added onto property that was your fathers, making it instantly his, unless there is some kind of paperwork describing an arrangement. But the point is if the barn were to catch fire, or somebody gets hurt in it, it is you that is liable, not the neighbor. I would personally not feel comfy without some kind of document to CYA this liability. The dollar a year lease could be just that.

I guess the thing that is missing from all this is... what would you like to happen in the end? What do you want? Do you want a smaller lot that includes only the treeline, and to be rid of the barn? Or do you want to keep all of it?
 
Y'all keep saying barn, I see a part. Which is the problem. I say offer to purchase of that small corner to the right of way. Discounted by the tax rate paid and the aggravation.

If she doesn't budge. Back Bill her for said taxes and aggravation....with the out of buying just enough to get her barn in the clear. Price, extravagantly fair.

Otherwise I would go to court and settle. Be sure your timeline, survey, and records checking are perfect. If she is "connected" make sure it is obscenely public.

Edit: Nobody likes taxes and those who cheat because we all pay....her connections in a bad light could be her doom.
 
WARRIORWELDING said:
Y'all keep saying barn, I see a part. Which is the problem. I say offer to purchase of that small corner to the right of way. Discounted by the tax rate paid and the aggravation.

If she doesn't budge. Back Bill her for said taxes and aggravation....with the out of buying just enough to get her barn in the clear. Price, extravagantly fair.

Otherwise I would go to court and settle. Be sure your timeline, survey, and records checking are perfect. If she is "connected" make sure it is obscenely public.

Edit: Nobody likes taxes and those who cheat because we all pay....her connections in a bad light could be her doom.
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Yo dawg, I think you better reread the first post:
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jeepinmatt said:
Yo dawg, I think you better reread the first post:
View attachment 281299
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Dang it was pre coffee. I guess. Err in that case it would be my barn....charge rent? How does that happen? Now my head is spinning. Its not like aliens planted it overnight, it's not a crop circle.
A partial split or sale and then oversight on construction?
 
UncleWillie said:
I would consult a real estate attorney rather than a bunch of brain damaged people who play in the dirt.
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the first actual advise here.
 
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