Help...property lines...

[jensy99]

My next door neighbor had her property surveyed recently, by a reputable surveyor. It was found that the corner of my house overlaps the property line by approx 3 inches. My home was built in 1925, it is unclear if this area is an addition or original structure, if it is an additin,it is at least 40 years old, so it has overlapped the line at least that long! We now want to resolve the matter legally. It is also complicated by the fact that our lots are both non-conforming to our towns zoning laws. Also, I purchased title insurance when i bought my house, (in 2000) will this cover any of this for me? A survey was done by both of our banks, and this was not discovered. THanks for any advice

 

[HomeGuru]

Insurance will not cover this issue. You need an encroachment agreement beween the parties.

 

[HomeGuru]

Adverse posession covers this as well...

**A: it is hard to dertermine if adverse possession is applicable since the writer left no State and test qualifications ie. continuous and notorious use, payment of real property taxes........

 

[alligatorob]

I had a similar situation in Florida. I found that my neighbor’s older home was about 2 feet over the line on my property. I went to an attorney who suggested writing a letter to the neighbor stating that I was aware of the encroachment and that I would allow them to leave the structure as is, but I would require that if it were ever moved, rebuilt, or substantially remodeled the home be removed from my property. I had the attorney write the letter for me.

The attorney explained that by this I was asserting my right of ownership, and then giving permission for my neighbor to temporarily encroach on my land. This cost me $100 in attorney's fees.

A few years later when I sold my home this took some explaining to the new buyer, and their lender, but it did not seem to be a problem.

Good Luck

 

[HomeGuru]

I had a similar situation in Florida. I found that my neighbor’s older home was about 2 feet over the line on my property. I went to an attorney who suggested writing a letter to the neighbor stating that I was aware of the encroachment and that I would allow them to leave the structure as is, but I would require that if it were ever moved, rebuilt, or substantially remodeled the home be removed from my property. I had the attorney write the letter for me.

The attorney explained that by this I was asserting my right of ownership, and then giving permission for my neighbor to temporarily encroach on my land. This cost me $100 in attorney's fees.

A few years later when I sold my home this took some explaining to the new buyer, and their lender, but it did not seem to be a problem.

Good Luck

**A: that's a good idea and thanks for sharing. The encroachment agreement is better since once it is recorded on title no further explanation is needed. On a sale of the property the lender and Buyer would be protected.