Please take a look at my encroachment case

[HomeGuru]

I read some book and it said it was something called "implied easement".

**A: you may imply the "easement" but your neighbor certainly does not and considers it an illegal encroachment.

 

[rayking]

Then that is something he should have rasied before he bought the house with the owner at that time. I think the court will definitely ask why he didn't raised the problem until so many years later.

I have consulted at least three real estate attorneys. They all said if the garden is not on my land, I had no obligation to do anything with it. He has no physical evidence to say the garden was built by the previous owner of my house either.

**A: you may imply the "easement" but your neighbor certainly does not and considers it an illegal encroachment.

 

[john123456]

If you don't want the property, as previosuly mentioned, tell the neighbor to go pound sand.

 

[rayking]

I already did. The problem is that he wants us to get rid of it.

If you don't want the property, as previosuly mentioned, tell the neighbor to go pound sand.

 

[HomeGuru]

Then that is something he should have rasied before he bought the house with the owner at that time. I think the court will definitely ask why he didn't raised the problem until so many years later.

I have consulted at least three real estate attorneys. They all said if the garden is not on my land, I had no obligation to do anything with it. He has no physical evidence to say the garden was built by the previous owner of my house either.

**A: if you consulted at least three real estate attorney's, then why are you still here? Hire one of them and move forward.

 

[rayking]

I posted this before I talked to them. I posted an update here because there is so much confusion.

**A: if you consulted at least three real esatte attorney's, then why are you still here? Hire one of them and move forward.

 

[HomeGuru]

Oh, ok,but I'm still confused???????????

 

[john123456]

I already did. The problem is that he wants us to get rid of it.

rayking:

Like I said, tell your neighbor to go pound sand. The patio and garden are on the neighbor's property. Therefore, they are the neighbor's responsibility. If he wants these items removed, he can do so at HIS expense. You have no obligation to do so. Case closed.

 

[MrJackMcCann]

My house had a piece of patio and a garden on neighbor's land.

Your house dont have a patio and garden, your neighbors house does.

The neighbor now wanted to remove the patio and the garden and he wanted us to pay for it

If the patio and garden are on your neighbors property, you have no obligation to pay to clean up his property. Or should I say, no more than you are obligated to pay any of his past, present or future pizza delivery charges.

 

[bbear401]

in mass. very similiar to rhode island law, easements do not have to be recorded to be valid. and they can be recorded in many varities, many old easements and driftways are found in probate records, other are found on duly recorded plat plans filed with the town clerk in the records of land evidence. other easements are what they call apparent. An apparent easement is such that is open, visible and obvious to a resonable person, such as a dirt road going through an old farm or a paved driveway between two houses. If there is a plan of layout or other similiar plan recorded in your town that shows your patio on and his deed if fact does have the clause subject to easements of record, you may well have an express easement if not an implied or apparent one.

I would do nothing, nothing worse than being the plaintiff in a boudary suit, make them move first,,,that way it will be their case to prove.

 

[rayking]

Thanks, bbear401. This is actually exactly what my lawyer told me. That is to do nothing unless I want to start adverse possesion. There are several plans recorded in both town's office and in registry of deeds BEFORE he bought the house. His title search must have revealed this and that is why his deeds is subject to the existing easement. The deeds of the owner before him actually didn't have this at all. After he bought the house, he even allowed the previous owner of my house to pay tax for a big chunk of land which includes both patio and fishpond for 6 years. If he really wants to bring this up to the court, he'd better explain this first and I don't think he really has a case here. If he did and he could make money out of it, he definitely would have gone to the court already. He just wanted to bluff us for money to solve his own title problem.

in mass. very similiar to rhode island law, easements do not have to be recorded to be valid. and they can be recorded in many varities, many old easements and driftways are found in probate records, other are found on duly recorded plat plans filed with the town clerk in the records of land evidence. other easements are what they call apparent. An apparent easement is such that is open, visible and obvious to a resonable person, such as a dirt road going through an old farm or a paved driveway between two houses. If there is a plan of layout or other similiar plan recorded in your town that shows your patio on and his deed if fact does have the clause subject to easements of record, you may well have an express easement if not an implied or apparent one.

I would do nothing, nothing worse than being the plaintiff in a boudary suit, make them move first,,,that way it will be their case to prove.

 

[seniorjudge]

Thanks, bbear401. This is actually exactly what my lawyer told me. That is to do nothing unless I want to start adverse possesion. There are several plans recorded in both town's office and in registry of deeds BEFORE he bought the house. His title search must have revealed this and that is why his deeds is subject to the existing easement. The deeds of the owner before him actually didn't have this at all. After he bought the house, he even allowed the previous owner of my house to pay tax for a big chunk of land which includes both patio and fishpond for 6 years. If he really wants to bring this up to the court, he'd better explain this first and I don't think he really has a case here. If he did and he could make money out of it, he definitely would have gone to the court already. He just wanted to bluff us for money to solve his own title problem.

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