artistsnature
Junior Member
What is the name of your state (only U.S. law)? NJ
I bought a property last year whose garage encroaches on my neighbor's property. The use of the garage by owners of my property for over thirty years can be established under the rules of prescriptive easement/adverse possession (notorious, hostile, continuous, exclusive, etc.). My neighbor is now claiming that because the majority of the garage is on his land, he owns it - even though he has never used it (except for briefly trying to move his stuff in when I first moved in) or claimed it before (and in fact bought his property six years ago without obtaining a survey). Here's the catch: the private community we live in grants us a leasehold on the land for 99 years, although we own our buildings (and pay taxes to the town on them). I pay taxes on the garage. So I cannot claim adverse possession because the members of the community collectively own the land. I don't need to own the land the garage is on, I just want to use the building. But my neighbor's property goes across the entire front of my garage, effectively blocking my entrance to it. Should I file a motion to quiet title, a prescriptive easement or an easement by necessity? Can I do that pro se, or where can I find an attorney in Morris County who might help me? At this moment we have both agreed to not use the garage until this is resolved, because any time I put something in my garage my neighbor responds likewise. What should I do?!
Thank you!
I bought a property last year whose garage encroaches on my neighbor's property. The use of the garage by owners of my property for over thirty years can be established under the rules of prescriptive easement/adverse possession (notorious, hostile, continuous, exclusive, etc.). My neighbor is now claiming that because the majority of the garage is on his land, he owns it - even though he has never used it (except for briefly trying to move his stuff in when I first moved in) or claimed it before (and in fact bought his property six years ago without obtaining a survey). Here's the catch: the private community we live in grants us a leasehold on the land for 99 years, although we own our buildings (and pay taxes to the town on them). I pay taxes on the garage. So I cannot claim adverse possession because the members of the community collectively own the land. I don't need to own the land the garage is on, I just want to use the building. But my neighbor's property goes across the entire front of my garage, effectively blocking my entrance to it. Should I file a motion to quiet title, a prescriptive easement or an easement by necessity? Can I do that pro se, or where can I find an attorney in Morris County who might help me? At this moment we have both agreed to not use the garage until this is resolved, because any time I put something in my garage my neighbor responds likewise. What should I do?!
Thank you!