Neighbors Stairs on my Land

What is the name of your state? Massachusetts

I recently bought land and built a house on it. We bought the land from the city we live. On the plot plans they showed in the back yard a staircase that goes to the neighbors entrance to their house. The city told us at the time that we would have to take it up with the neighbor. The city also sent the neighbor before it was sold to use a letter offering them an easment, they never replied. The owner of the house does not live in it it is being rented to one of their family members. Our lot is only a 1/4 of an acre and the stairs take up approx. 300-400 sq feet on our land. We have sent letters to the owner of the house and the their attorny about the staircase but we have never got a reply. The stairs and most of the walkway are cleary on our land because the city staked out the property line. I have offered the neighbor an easment for the use of the land for the cost of what that square footage cost us about $6000. But no action was ever taken. We have also sent them a letter indemnifying us from any injuries that may occur on the stairs . Letter was never signed. The stairs have been there for some time, not sure of exact time and is the only way to get into their house. Other neighbors have told us that about 5 yrs ago the stairs were rebuilt and moved a little to were they are now. I went to the city but no permit was ever pulled. Before i bought the land it was owned by the city, and the city bought the land from a church a few years back. I would like to remove the portion on my land or have them buy an easment but what can I do to force the issue?


Thank You for any Help

Tim

and is the only way to get into their house

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They do not need an easement from you, they already have one. They are entitled to continue to use the stairs as long as the necessity for them remains.

and is the only way to get into their house

They do not need an easement from you, they already have one. They are entitled to continue to use the stairs as long as the necessity for them remains.

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How are you able to build access into your house on someone elses land?
If someone was to get hurt on the stairs am I liable?

Thank you for the information

Your mistake was in not making the city clear this up before you purchased. You bought someone else's headache. If the stairs have been there long enough they probably have a prescriptive easement. If, however, the city held the land for a public purpose (e.g., a park) then the prescriptive period would not have run against the city and they would not have an easement. You need to get an attorney of your own.

My response:

Bullcrap.

Knock the stairs down. They'll come to you.

IAAL

RES IPSA said:

My response:

Bullcrap.

Knock the stairs down. They'll come to you.

IAAL

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Hey IAAL. You have been described by many reliable and respectable sources as being brilliant. Your posts have proven that to be factual. You are without doubt extremely bright and talented.

Your wit is to be admired, as well as appreciated. You are most entertaining and for that I thank you. Are you perhaps one of the "Little Rascals"? If so, which one are you?

Looking forward to a response!