Discussions

The city of brandon has told me that an old barn needs to be removed off my property due to encroachment...so now I have to pay for an electrician to remove the power and pay to have the barn removed...I do not think this is fair as it has been there for 60 plus years and it's the city that wants it removed..very frustrating!

live on McDonald. Where abouts are you?

Contact the fire department and ask them if they will burn it down for you, they may want the practice?

I wish!

There are hundreds of encroachments in the older neighborhoods that's why they are so sticky about a survey now have you checked at land titles to see if an encroachment has been registered, they used to charge 2 bucks to look at the title I don't know what it is now

i would contest this,why did it take 60 plus years for them to take action,at some point construction must have been acknowledged and taxes levied

A bank would have lent the money to buy the house unless there was an easement agreement how long ago did you buy the house

If an encroachment from buyer's property onto neighbor's property has been there for many years - 60 years in this case, and the buying of the encroaching property is ok'd by banks and lawyers, how and when does it become a concern?  
 
Is it now if the neighboring property is applying for new development and now needs the barn removed?  
 
 
 

you purchased the property your mortgage company would have made you get additional insurance for that. You should look into what insurances were purchased to cover for this and have it done via that.

Jessica08 said "you purchased the property your mortgage company would have made you get additional insurance for that. You should look into what insurances were purchased to cover for this and have it done via that. "

The way things are nowadays the banks would rather sell you title insurance. That way they are covered. As long as your new neighbours buy title insurance then the problem is never discovered. It is only when there is a need for a survey on a neighbouring property that the error is discovered. The sad thing is that the legal profession (lawyers)don't push for a survey anymore because the cost of a survey is a couple of hundred bucks more than the title insurance and the client always wants the cheapest option. So mistakes stay hidden, and the banks and lawyers are covered because they warned new buyers of the problems that could arise.  
 
The City should be requesting surveys on property sales just to make sure zoning requirements are met but they don't either so tear down the barn, because you are encroaching.  
 
Edited by Reggie 2, 2015-06-17 08:53:21

Check with a lawyer to see if you are grandfathered with the barn. If so then maybe you dont have to do anyhting. Most old structures are grandfathered, meaning they have been there long enough that they have a right to be there. But once you alter the structure the grandfather clause come off. So be careful. Know what YOU wnat before you srart

Prescriptive easement is automatic after 40 years in Manitoba. Basically it comes down to if you have use of someone else's piece of property for a specific use(building, road etc) you are allowed to continue using it.  
 
Kind of like a modified squatters rights which does not exist to my knowledge in mb.  
 
Of course a lawyer would always be a good idea in this situation.

mr&mrs said "Check with a lawyer to see if you are grandfathered with the barn. If so then maybe you dont have to do anyhting. Most old structures are grandfathered, meaning they have been there long enough that they have a right to be there. But once you alter the structure the grandfather clause come off. So be careful. Know what YOU wnat before you srart "

I don't believe you will be grandfathered or grandmothered.  
 
In Manitoba under the Real Property Act the government guarantees title. That is if you buy lot 1 Plan2 you own it.  
 
3 ways to deal with an encroachment are:  
1. Buy the land on which the encroachment sits  
2 Try to get an easement to allow the encroachment to continue.  
3. Remove the encroachment  
 
Just because it has sat there for 60 years does not preclude the owner of the land that it is sitting on to not be able to develop his property.  
 
There will be more problems in the future as banks push title insurance to cover their bums. No doubt the owner of this barn never bought insurance or got a survey. a survey is the only way to reveal problems before hand.

I do have insurance and pay insurance for the barn...city says 2 meters of it is on the cities land...behind the barn is a back lane

is 2 ft over my property line, this was addressed by the real estate person when I bought 12 years ago. I also live just off McDonald Ave. I did not get a survey done when I purchased.

this issue is not uncommon in older areas,years ago surveyor advised me that a lot of the original surveys were with wooden stakes and the new surveys with steel pins were more accurate and stood the test of time,this came up for me about 40 years ago,5 properties in a row with encroachments

I live on Lynx Cres and from what I've been told by my neighbours, many people within the city who back on to city property have received letters of this kind if you have buildings, fences, etc.. that encroach on city property. From what I've been told, the issue started when the city began building the dikes in the Kirkcaldy area. People began to complain that there yards were being damaged however the response from the city was that the land did not belong to them as it was city property. The city then decided to look at all of their properties that back on to private property for liability issues. I received a letter indicating the fence encroached 1/2 foot onto city property. A friend received a letter indicating that their flower bed encroached 1/2 foot. Many people have received these letters.

Mackenzie5 said: this issue is not uncommon in older areas, years ago surveyor advised me that a lot of the original surveys were with wooden stakes and the new surveys with steel pins were more accurate and stood the test of time  
 
I worked for a surveyor and if they found evidence of a wooden stake beside a steel pin, the wooden stake was used every time. How do you think all our townships were originally surveyed?  
Reggie2, you are exactly right in your comments

mackenzie5 said "this issue is not uncommon in older areas,years ago surveyor advised me that a lot of the original surveys were with wooden stakes and the new surveys with steel pins were more accurate and stood the test of time,this came up for me about 40 years ago,5 properties in a row with encroachments "

The real issue it that there are a lot of uneducated people out there who have worked for the City of Brandon engineering department or Highways engineering etc. who have no idea about property surveys and have gone out and made a few measurements for landowners (for a bottle of rum) suggesting that this is where their property line is. Registered Land Surveyors who can be found in the phone book are the only ones by law authorized to conduct property boundary surveys. This right has been acquired through many years of training and education.  
Whoever told you that steel pins are more accurate than the original wooden posts do not know what they are talking about. These wooden posts were first put in because steel pins were not as readily accessible in the early 1900’s. In any event the location of the wooden post governed as strongly as any steel post. Wooden posts can still be found by a registered surveyor or his assistants and that post governs.  
A 50 foot lot may measure 50.15 between the found posts whether surveyed in 1928 or today with more accurate GPS. However the location of those posts govern the boundary, we do not live in a perfect world where everything is exactly as it should be. So whether you are in an older neighbourhood or a newer one discrepancies exist. I say discrepancies because that is what they are, they are not errors.  
 
Half Pint how did your real estate agent address your 2 foot encroachment. They are also individuals who can create problems, as long as they get their commissions they take the easy way out, and then you can deal with the problem later just like the op.  

mackenzie5 said "this issue is not uncommon in older areas,years ago surveyor advised me that a lot of the original surveys were with wooden stakes and the new surveys with steel pins were more accurate and stood the test of time,this came up for me about 40 years ago,5 properties in a row with encroachments "

The real issue it that there are a lot of uneducated people out there who have worked for the City of Brandon engineering department or Highways engineering etc. who have no idea about property surveys and have gone out and made a few measurements for landowners (for a bottle of rum) suggesting that this is where their property line is.  
 
Registered Land Surveyors who can be found in the phone book yellow pages are the only ones by law authorized to conduct property boundary surveys. This right has been acquired through many years of training and education.  
 
Whoever told you that steel pins are more accurate than the original wooden posts do not know what they are talking about. These wooden posts were first put in because steel pins were not as readily accessible in the early 1900’s. In any event the location of the wooden post governed as strongly as any steel post. Wooden posts can still be found by a registered surveyor or his assistants and that post governs.  
 
A 50 foot lot may measure 50.15 between the found posts whether surveyed in 1928 or today with more accurate GPS. However the location of those posts govern the boundary, we do not live in a perfect world where everything is exactly as it should be. So whether you are in an older neighbourhood or a newer one discrepancies exist. I say discrepancies because that is what they are, they are not errors.  
 
Half Pint how did your real estate agent address your 2 foot encroachment. They are also individuals who can create problems, as long as they get their commissions they take the easy way out, and then you can deal with the problem later just like the op.  
 
 
Edited by Reggie 2, 2015-06-17 19:57:59

Is that I have to pay the money for an electrician and the removal of this barn but the city wants it gone not me...was wondering what other ppl on Mcdonald are doing about the expenses

You have to remove your fence?

Both the previous owner and agent knew the garage was over, I was shown where the marker posts were and at that time the current neighbor did not care.