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Need advice on Property encroachment

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TommyD662

Junior Member
What is the name of your state? NJ

I bought my house in 1996. I had a survey done and it shows a "wall" (it was about 4 ft high) of railroad ties between my house and my nieghbors house. The housing is tight (we share a driveway). Anyway the RR ties are shown on his side of the property line. In 1997 (I think), I replaced the rotted wall of RR ties with a cinderblock wall. I had a permit from the borough. So essentially I replaced existing. When the construction guys removed the RR ties they found that the existing concrete had been cut on a skew. I spoke with this nieghbor and asked him if it was ok to just follow the cut line of the concrete. He agreed. The wall was built everything has been fine since.

Now I am selling my home and the day it went on the market he comes to me tells me the wall is on his property and it needs to be rectified. I suggested an easement and he said "what if I want the land back?" We are talking no more than 8" for about 5 feet! I was floored! Anyway- since I replaced existing and it was shown on my survey - can he make me move it? Can the borough help me? Should I get a lawyer?
 


TommyD662

Junior Member
Okay. New info.

The zoning official was out last night and he talked to my neighbor. He told him that I don't have to move the wall if he won't lose his land from some non-existent "20 Year law"? Anyway the ZO told me I can get a "Deed Restriction"? He told me to stay away from an easement because they are expensive and this deed restriction will do the trick and make this all go away.
Ever heard of this?
 

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