I am in the process of buying a house where the current occupant fenced in property that is technically township land. She has been living in the home and using the extra property for over 20 years without any complaints. The land in question is on the old survey map as PART OF A LAKE. The lake is at least a couple hundred feet away and the land in the yard is dry aside from a bit of a gully that runs diagonally about 25 feet thru the center of the extra land. This area is moist but drains well so it isn't as if the lake will be re-forming in this area any time soon. What should I do? Keep quiet and continue using the land? Will the surveyor give it away before the sale? Any help on what my options are will be appreciated greatly.

The owner of a parcel of land cannot sell more than they own or convey a better title than they currently have.

If the township nor any of the local residents have complained things probably won't change.

However you won't own the land either but just have the use of it like the current owner does.

If it's an obscure part of the township land it's possible you could buy it or acquire it from the township as surplus land but asking would call attention to the situation.

Ask a local real estate attorney what to do if you're interested in owning the land otherwise just let things go on as they have been.

There's a slight possibility the lender may require some of the fence to be relocated if you have it surveyed and the survey shows the fencing not entirely on what you're buying.

I am not an expert in this area but if it has been used by her openly and unchallanged for more than X number of year couldn't she get an easement by necessity?

The property can only be accessed thru this yard and 1 maybr 2 others.....according to the copy of the old tax map that I have, there should be a 50' wide and 150' long strip of lake bordering the rear property line. This no longer exists!! The map has the rear line as 140's which i assume takes into account the lake fluctuations. Should I name a price based on local property listings or let the town come up with a figure?

Almost forgot....thanks for your help!

Bearing in mind you could be opening a can of worms you may be better off not opening you might approach the town to see how they dispose of surplus or abandoned real estate with respect to adjoining land owners.

In some areas adjacent land owners can ask local governments to deed abandoned property and/or rights of way to those land owners for little or no costs.

Talking to a local real estate attorney might be the best first step.

Well, couldn't this be a case of easement by necessity or maybe something more along the lines of accretion?