My neighbor's boundary survey affects my drive way

[lemonheart]

What is the name of your state (only U.S. law)? New Hampshire

Hi!

I live in New Hampshire. In 2009, before my neighbor built a new house, he did a boundary survey, and occupied my house lot about 85 feet (long) X 6 feet (wide) area, which makes my drive way become too narrow to park a car. Under the conditions: he didn't find another survey company to confirm the result, and without noticing the previous owner of my house, he submitted the new lot map directly to Grafton County; and the Grafton changed the lot map for him online without a question.

Since the previous owner had no idea about this boundary survey, when I purchase the house on 2012, the deed we have doesn't mention anything about this change. Now my family have been living in this house for one year and a half, and three days ago the neighbor suddenly told us that a part of my yard belongs to him, I was shocked because the area occupies part of my drive way. The house and the house lot we are talking about is more than 80 years old, and the 85 feet (long) X 6 feet (wide) area belongs to the previous house owners since 1930.

I am planning to do another boundary survey soon. My question is: If the new survey result is different with the old survey result, what should I do to get back the area? If the new survey result is the same with the old survey, and I still want to use my drive way, which department I should contact to get the easement agreement? or could you please give me some suggestions to indicate what should I do?

Thank you very much for any of your help.

 

[latigo]

What is the name of your state (only U.S. law)? New Hampshire

Hi!

I live in New Hampshire. In 2009, before my neighbor built a new house, he did a boundary survey, and occupied my house lot about 85 feet (long) X 6 feet (wide) area, which makes my drive way become too narrow to park a car. Under the conditions: he didn't find another survey company to confirm the result, and without noticing the previous owner of my house, he submitted the new lot map directly to Grafton County; and the Grafton changed the lot map for him online without a question.

Since the previous owner had no idea about this boundary survey, when I purchase the house on 2012, the deed we have doesn't mention anything about this change. Now my family have been living in this house for one year and a half, and three days ago the neighbor suddenly told us that a part of my yard belongs to him, I was shocked because the area occupies part of my drive way. The house and the house lot we are talking about is more than 80 years old, and the 85 feet (long) X 6 feet (wide) area belongs to the previous house owners since 1930.

I am planning to do another boundary survey soon. My question is: If the new survey result is different with the old survey result, what should I do to get back the area? If the new survey result is the same with the old survey, and I still want to use my drive way, which department I should contact to get the easement agreement? or could you please give me some suggestions to indicate what should I do?

Thank you very much for any of your help.

There ain't no "department" that is going to solve your problem via an "easement agreement"!

What you need to do is to consult with your attorney regarding the principles of boundary lines by acquiescence and adverse possession and instituting an action to quiet title to the ground that your improvements encroach upon the neighbor's deed description.

 

[OHRoadwarrior]

You get 2 surveyors and 2 lawyers. Who ever has the most money and the meanest team wins. Apparently, his survey came from the other direction than you want yours to come from.

 

[latigo]

You get 2 surveyors and 2 lawyers. Who ever has the most money and the meanest team wins. Apparently, his survey came from the other direction than you want yours to come from.

True! Any idiot will tell you that land surveys that don't "come from the same direction" are inherently flawed.

But then there is this:

"Idiocy" n. from the Greek idioteia (meaning) want of education. "*

______________________________


[*] Webster's New International Dictionary of the English Language (Page 1237)

 

[Ben T]

You get 2 surveyors and 2 lawyers. Who ever has the most money and the meanest team wins. Apparently, his survey came from the other direction than you want yours to come from.

Surveying is a science and to some degree an art.

The law is the law. Evidence is king. At the end of the day the judge, or jury looks for evidence, patterns, usage, time etc. Whatever domains the boundary situation needs to fulfill. That said- having deep pockets never hurts as it can add to research, depositions etc.

But at the end of the day it's all about the law.

 

[154NH773]

From your questions, it is clear that you do not have enough knowledge to pursue this issue on your own. You will need to get a GOOD land use lawyer to advise you on the proper way to proceed.

A survey follows the description of the property on the deed. If his deed says he owns a piece of ground, then the survey will also show that he owns that piece of ground. The question then becomes; what does your deed say you own?

You will need to get your own survey. If it agrees with his, then you do not own the piece of property in question. You may go to court as suggested, but only the judge knows whether you will actually get to own that piece of property. A lawyer can tell you if you meet the criteria for a claim on the property, but regardless of the law, you may never be successful in convincing a judge that he should grant you title.

You should have gotten a title search and survey prior to purchasing the property, and should have obtained title insurance based upon the description in your deed.

The Grafton Cty tax map means nothing. If you have title to the property in question, and can show them proof, they will simply change it.

If your neighbor indeed owns the property, only he can give you an easement for using it; or, you can go to court and try and get a judge to grant you an easement or title. This could be a very expensive court proceeding, so be prepared. Most lawyers will tell you that your chances are terrific, and then a year down the road, and many dollars later, will hedge somewhat on your chances.