J
jgl
Guest
What is the name of your state? AZ
We recently bought a house in a subdivision that dates back to 1930. There is a recorded 5' utility easement on the boundary line between our neighbor and us at the back of our house (2.5' on each side of the boundary line). To avoid building a wall within the easement, the former owner of our property built a wall 2.5' within the boundary line of the property, which means that our neighbor has had beneficial use of the entire 5' for probably over 30 years. We would either like to 1) plant a hedge in back of the wall, which would require us to enter our neighbor's property, or 2) move the wall back 2.5' to the boundary line (the easement is not being used by any utility company, but has never been extinguished).
I imagine that doing 1) would require us to get our neighbor's consent. In terms of 2), might they have a claim that they have gained adverse possession to the 2.5' of our property (subject presumably to whatever rights the utility company has?)
This issue must come up all the time, since people don't like to build within utility easements. I know the best course of action is to get the other owner to sign an statement stating that they have permission to use the property, but this was never done.
2.5" sounds very minor, but in our case, we have a small backyard in an expensive area of town, and moving the back wall that distance could make a significant difference to us. We also want to maintain good relations with our neighbors, however.
We recently bought a house in a subdivision that dates back to 1930. There is a recorded 5' utility easement on the boundary line between our neighbor and us at the back of our house (2.5' on each side of the boundary line). To avoid building a wall within the easement, the former owner of our property built a wall 2.5' within the boundary line of the property, which means that our neighbor has had beneficial use of the entire 5' for probably over 30 years. We would either like to 1) plant a hedge in back of the wall, which would require us to enter our neighbor's property, or 2) move the wall back 2.5' to the boundary line (the easement is not being used by any utility company, but has never been extinguished).
I imagine that doing 1) would require us to get our neighbor's consent. In terms of 2), might they have a claim that they have gained adverse possession to the 2.5' of our property (subject presumably to whatever rights the utility company has?)
This issue must come up all the time, since people don't like to build within utility easements. I know the best course of action is to get the other owner to sign an statement stating that they have permission to use the property, but this was never done.
2.5" sounds very minor, but in our case, we have a small backyard in an expensive area of town, and moving the back wall that distance could make a significant difference to us. We also want to maintain good relations with our neighbors, however.