What is the name of your state? Florida
My husband and I purchased our home from Habitat for Humanity 12 years ago. Our next-door neighbor is also Habitat. Between our two properties is a cable buried wire easement which my husband and I own. We ignored it and it became overgrown with bushes and brush.
Recently, my next-door neighbor remarried and her new husband cleared the easement. He used the space as a driveway for large trucks and removed all the trees from his lot. He graded and seeded his lot, but not the easement. The grass spread to it and he started mowing it regularly and was on his third mowing when my husband went out and talked to him.
He told my husband he had a survey that showed the property was his, that our property line was 5 feet from our house and that Habitat had given his wife 2 lots and given us only 1. We immediately went to Habitat who told us that was bunk. What Habitat actually did was buy 3 lots and subdivide the middle one between the two houses. So, of our 87 ft of frontage, he has tried to commandeer 25 ft.
Since this started, Habitat has sent him the original survey and a copy of the Warranty Deed which clearly states that the easement is ours.
What are the legal ramifications of all this? He has quit mowing altogether (even his own lawn).
Thank you.
My husband and I purchased our home from Habitat for Humanity 12 years ago. Our next-door neighbor is also Habitat. Between our two properties is a cable buried wire easement which my husband and I own. We ignored it and it became overgrown with bushes and brush.
Recently, my next-door neighbor remarried and her new husband cleared the easement. He used the space as a driveway for large trucks and removed all the trees from his lot. He graded and seeded his lot, but not the easement. The grass spread to it and he started mowing it regularly and was on his third mowing when my husband went out and talked to him.
He told my husband he had a survey that showed the property was his, that our property line was 5 feet from our house and that Habitat had given his wife 2 lots and given us only 1. We immediately went to Habitat who told us that was bunk. What Habitat actually did was buy 3 lots and subdivide the middle one between the two houses. So, of our 87 ft of frontage, he has tried to commandeer 25 ft.
Since this started, Habitat has sent him the original survey and a copy of the Warranty Deed which clearly states that the easement is ours.
What are the legal ramifications of all this? He has quit mowing altogether (even his own lawn).
Thank you.