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Encroachment?

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Coco17

New member
What is the name of your state? Maine.

We were recently served with a civil lawsuit, claiming and encroachment. We are being sued by my husband‘s sister and nephew who currently own the adjoining property. I will try to explain this with out too much confusion. In 1993 my husband sister bought a small piece of land from their father. She put a single wide mobile home on the land. And 1997 we moved in and we’re renting it she in turn sold the property to their other brother.

That brother sold the property to us in 2006. We put a double wide mobile home on the property. We obtained a mortgage to do so fast forward to 2017. My father-in-law had passed away and his sister bought that piece of land which adjoins ours. My husband and sister have not spoken since 2015. Last year. She had a survey done, and is now claiming that our house sits just on the property line according to the survey that was done. This is the first we have heard of it when we were served the lawsuit last week she claims in the lawsuit that she has demanded that we fix this and remove the home, but this has not happened.

We have had the mobile home here for 19 years nine months. She is also trying to take away the easement that my husband‘s father gave us for our septic system. The easement was filed with the mortgage. We contacted the title company who was used when our mortgage was closed. They sent us the layout of our house and the boundaries of the land show that our house is well within the boundaries. I am very stressed over this situation. We are going to speak with a lawyer as we have two appointments this week, but she is flat out lying when she says she has requested us to do anything. Wouldn’t she have to show proof I am hoping that our house does not have to be moved.

She is asking for damages for trespass and some other things. Any advice would be mostly appreciated.
 


adjusterjack

Senior Member
Did you buy an owner's title insurance policy when you bought the property?

If you did, then the title insurer should be providing the legal defense to the lawsuit.

If you didn't, then you'll need to hire your own attorney.

Probably doesn't matter whether she made a demand or not. And don't rely on the title company's "layout" as it's not likely to be admissible in court. You'll probably need to buy your own survey and have your surveyor testify in court.
 

zddoodah

Active Member
We are being sued by my husband‘s sister and nephew who currently own the adjoining property.

The above seems contradicts the following:

My father-in-law had passed away and his sister bought that piece of land which adjoins ours.

So...who owns the adjoining property? Your husband's sister and nephew or your deceased father-in-law's sister (who would be your husband's aunt)?


She had a survey done, and is now claiming that our house sits just on the property line according to the survey that was done.

Have you seen the survey? If so, do you agree or disagree with what the survey says?

How far does the mobile home need to be moved, and how much would it cost to move it?


She is also trying to take away the easement that my husband‘s father gave us for our septic system.

How is she "trying to" do this? Is that part of the lawsuit?


she is flat out lying when she says she has requested us to do anything. Wouldn’t she have to show proof

She'll have to present evidence of each element of each cause of action alleged in the lawsuit. I doubt a request that you move the encroaching mobile home is an element.


Any advice would be mostly appreciated.

The only valid advice anyone here can give you is to retain the services of an attorney, which you said you're doing. As far as I know, no lawyers from Maine follow these boards. Your attorney will be able to review the survey and other relevant evidence and advise you how best to deal with the lawsuit.
 

Coco17

New member
Sorry if I caused confusion. My husbands sister and her son , my husbands nephew, bought the property after my father in law died. When we had the double wide put here, he granted us an easement for our septic system, which was filed and is on record at the registry of deeds. She is asking that the easement be taken away in the lawsuit. We got the easement in 2006 while he was still alive and owned the property
 

Coco17

New member
Sorry if I caused confusion. My husbands sister and her son , my husbands nephew, bought the property after my father in law died. When we had the double wide put here, he granted us an easement for our septic system, which was filed and is on record at the registry of deeds. She is asking that the easement be taken away in the lawsuit. We got the easement in 2006 while he was still alive and owned the property
 

adjusterjack

Senior Member
I don't ask questions just to see my words in print.

Did you buy an owner's title insurance policy when you bought your property?
 

quincy

Senior Member
Your sister-in-law seems to have filed suit just a few months before you and your husband potentially could have looked to adverse possession laws as a way to claim rights in the property and easement. It is too bad your husband and sister no longer like each other because it otherwise might be possible to come up with amicable solutions to the problem of the sliver of land involved and the easement. It looks like now you will need a lawyer’s assistance.


(this post is mostly to bump spammer “Jamesatlas” from board)
 

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