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.
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.