Legal Question in Real Estate Law in Wisconsin

garage slightly on neighbors property

after purchasing a lake home I had the property surveyed and discovered one corner of the garage about 6'' was on the neighbors property....the garage has been there 30 plus years and is now non conforming to the road setbacks but can be resided and reroofed as long as the footprint is not changed.....my question is ''does the grandfathering in of the garage where it is extend to doing refurbishing to it ?''


Asked on 12/07/05, 2:57 pm

1 Answer from Attorneys

Steven Vatndal Law Office of Steven J. Vatndal

Re: garage slightly on neighbors property

The "grandfathering" usually extends only up to 50% of the value of the garage. From the facts you describe, you may have aquired title to the encroachment by adverse possession, but instead of assuming, and in order to gain maximum flexibility for future improvements, I suggest you try to negotiate a purchase of enough land from neighboring owner. You may be able to getseller to contribute to purchase because I assume Seller represented to you that there were no encroachments. Please contact me ([email protected]) if you'ld like to discuss.

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Answered on 12/07/05, 3:21 pm


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