Encroached property

A little background on my situation. I live in a sub with deed restrictions from the 70's. I just found out this summer that our deed allows for sheds. However the residents were always told the deed disallowed sheds but the HOA would allow you to attach a structure to the back of your house and call it a shed. Long story short, residents petitioned the HOA residents and we have just under 2/3 residents wanting detached sheds. The Board has authority to do what they want on this matter (verified thru the HOA attorney) and stated that since we are short of 2/3 votes then no changes to their rules. There is no legal requirement that mandates 2/3 votes, the board decided this.

I cannot attach a shed behind my house due to underground pool equipment and a 4 season room. My option is to attach a shed to my attached garage which is visible from the road. This is not ideal to me, but I desire a shed. I even took our HOA shed rule to the township who told me our rule was in violation of township codes. The board is still not changing their mind or the rule. We have many residents in our sub who have these sheds that are in violation of the township building codes. I have limited funds and cannot afford an attorney.

However, my property backs up to a large parcel of land that is owned by one of the original developers of the neighborhood. Most of the property is wetlands and is unbuildable and land locked. Most of the subdivision plats in my neighborhood are in our HOA. There are 3 subdivision plats that are not part of the HOA. I am on the border of these properties. The corporation that owns the property behind my house dissolved in the late 70's. According to the township our HOA owns it this property, the HOA stated they do not own it. The county states the dissolved corporation owns it. No taxes on this parcel either.

When we purchased this house 20 years ago, the previous homeowners encroached on this property by cutting the grass, installing a play structure, etc. My question is, if I place on shed on this property that is not owned by me but I have been maintaining, can my HOA sue me for having an illegal shed even though it is not on my property. All the neighbors next to me who are not in our HOA have encroached on county property with their detached sheds.

Any advice?

Thank you

Melissa,

The only sheds that our HOA allows are attached. The residents want detached sheds, but our board says they will not change the rule.

Stephanie:

If you and the previous owners have mowed the grass and built playhouses on the undeveloped land behind your home you may be able to acquire title to it by adverse possession. Generally to acquire title by adverse possession, one needs to openly occupy another's property without permission for a period of time set by law. In my state, the law says 10 years. If a previous owner of my property was in adverse possession of a neighboring property, I would would get credit for his use when I purchased the property from him.

You will almost certainly require the advice and guidance of a lawyer, but you should be able to acquire title to at least part of the parcel behind your property. If the parcel was not subject to the deed restrictions, acquiring title to it will not likely bring it under the jurisdiction of the HOA.

In any event, you could just go ahead and build your shed on the vacant land. The worst that could happen would be that the actual owner of the land may surface and demand removal of the shed.

The OP stated, "my property backs up to a large parcel of land that is owned by one of the original developers of the neighborhood. Most of the property is wetlands and is unbuildable and land locked. Most of the subdivision plats in my neighborhood are in our HOA. There are 3 subdivision plats that are not part of the HOA. I am on the border of these properties. The corporation that owns the property behind my house dissolved in the late 70's. According to the township our HOA owns it this property, the HOA stated they do not own it. The county states the dissolved corporation owns it."

I would not trust the township personnel to make a determination of who owns the property. The HOA denies it is their's and the OP says it belongs to a defunct corporation. I would want to see a recorded deed before I take the township's word. I have no reason to doubt the OP's assertion as to who owns this parcel. Townships are not normally in the business of issuing legal conclusions as to ownership of property.


I believe that under the Uniform Building Code, one does not need a permit if the shed is less than 400 square feet and it has no electrical or plumbing.

The real reason sheds need a permit in my city because they are taxed.

That is fairly typical in my area. The initial reason was for farmers to erect what sheds they needed. Was the same for a deck as long as it is was not attached to the house. I once built a deck that was 1/4inch away from the house....LOL

It would be funny if word got around and all of your neighbors also put sheds on that one parcel of land. Better keep it hush, hush if you plan on sneaking a shed out there.

Extend a wall from your house to the desired location of the shed and make the shed part of that wall, therefor an extension of your house and not a shed? Maybe a stretch but perhaps a feasible loophole. Just be prepared for a legal showdown. lol