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My water, trees, on their land

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Dooped

Junior Member
I bought a home in Massachusetts, June 2010, from my parents for the same price they paid in 2008
When they bought the home, they were shown a group of shrubs,trees that were valued at $7000, at the side of the property and told that the previous owner had the landscaping done professionally
There is an underground sprinkler system that covers those plants
There is a stone wall down the side of land....
now we bought the house and the home next to us sold at the same time
The new people had a survey done and they said those plants and our fence is on their land
We would never have bought the house if those planta were not a part of the land
They want us to move the fence, and they say they own our shrubs
what can we do? we do have title insurance, an owners policy
 


justalayman

Senior Member
We would never have bought the house if those planta were not a part of the land
if they were that important, then you should have made your offer with such a contingency. At least you should have had a survey done.

we do have title insurance, an owners policy
and if there is a mistake that causes an overlap of property lines, they will surely help you. In this case, it is simply your mistaken presumption of where the line is that caused the problem. The title insurance company won't care.


you can either accept the other folk's survey or hire one of your own. Their survey could be incorrect.

If it is, the 2 surveyors will get together and figure out what the problem is.

If their survey is correct, you are fighting a losing battle. You might be able to argue ownership of the bushes and be able to move them onto your property but you will surely be required to move the fence and the sprinkler system.

it would likely cost you more to fight for the bushes, (and still have a good chance of losing) that just going out and buying new bushes.
 

drewguy

Member
If they tell you to move the fence, aren't they conceding it is yours, and doesn't that suggest the bushes are yours as well and you can move them?
 

justalayman

Senior Member
If they tell you to move the fence, aren't they conceding it is yours, and doesn't that suggest the bushes are yours as well and you can move them?
that is a definite; maybe.

OP probably has a good argument for claiming the shrubs but if it comes down to it, it could easily cost more to recover the shrubs than he would get if the neighbor argues the ownership.
 

Kiawah

Senior Member
Start with your own survey. Be sure to pick a different company than the last survey, just to make sure they don't take a short cut and repeat a mistake (if there is one).

If the 2nd company comes up with the same result....opps, lesson learned on getting a survey BEFORE you purchase.
 

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