My neighbor has built a huge house and is asking for an easement. He has told my roommate that his property comes in 3 feet into my property. I have long told them where I believe the property lines are. My deed says 50 feet across the front. An old plot plan for my house says 16 feet to the property line on the south My house is 25 feet across. 25 feet and 16 feet is 41 feet leaving 9 feet to the north to the property line. His front is smaller than 50 feet and his plot plan is 8.9 feet to his north 28 feet across and 16+ to my property on the south. That would be 52.9 feet across and I believe his deed will be 50 feet or less.
What are these implications? If his plot plan has been accepted does he have a legal right to claim my property? Do I have any rights to sue for the cost of a surveyor either against him or the town or the surveyor that did his plot plan. We live near the water and his huge house has blocked my friends view.
Any information or opinion would be appreciated. Thank you.
2010-04-29T20:31:40Z
Sorry I dont know why I said easment, I mean variance. As in he is asking for a variance to build a porch and a garage.(both of which he tore down to build the house) Variance because he is covering more of a percentage of the plot of land then the Town allows. Thank you, all, for your help.
Landlord2010-04-29T07:20:13Z
Favorite Answer
He is not trying to take your land, he is trying to have legal access to use it for ingress and egress.
He is not likely to have that right.
As far as the property lines go, he would have to pay to have it surveyed in order to even apply for the easement, the easement will be very specific.
my understanding of an easement is allowing someone access or use of your property, like an easement for the electric company to bury and maintain lines. or for an adjoining property owner if you permit them to put a driveway on your property so they can get to their property with a driveway. because sometimes an odd lot gets created that does not have road access. Usually the make them get the easement before they let them build.
so I'm not sure if "easement" is the right term?
Usually around here you can check with the county register of deeds for a certified survey map or original subdivision map registered at the county. Get a copy of that if there is one. some times a plot plan does not have all of the information on it.
Check the deed restrictions if an easement is truly what you're concerned about, they are written explanations about the property on the map.
But to find a property line- In the corners of each lot or property on the survey map there are notations that say 2" I.P. that means there is a 2 inch iron pipe buried in the ground. If you want to find your property line get a metal detector and find it. It's just a metal pole that they pounded into the ground to mark your property boundary and you will be able to see the 2 inch circle of the top of it. hopefully you'll have one noted in each corner of your property on the map.
or you can kind of probe around in the ground but it takes a while, get a tape measure. If you can find one of the pipes it makes it easier to find the rest of them. also if your map has the distance from the house to the lot line it helps to find the area to start looking.
That way you'll know what exactly is yours and what he's asking for.
You might want to be careful if you have buried cables it can be dangerous or expensive if you hit one of there lines with a shovel when you are digging. but around here electric line are buried pretty deep, at least 18" I think, and the iron pipes at the property corners are just below the surface of the ground. hope this helps.
OK, first of all you need to determine where your property boundaries are. I have no clue what you mean by "plot plan." But, from the context of your statement, my guess is "plot plan" refers to the design, blueprint, or plans for your house. If that's the case, then the plot plan is totally irrelevant. And, I really mean "totally." What's relevant is the land description on your deed. That is what you must go by. Forget about your plot plan.
Now, once you know where your land boundaries are, then you can determine whether the neighbor's home encroaches on your property. If it does indeed encroach on your property, then your options are: 1. Sue for trespass, or 2. Grant an easement. (Yes, you can grant an easement in this situation.) 3. Sell him that portion of the property on which the home encroaches.
Depending on how long his house has been there, he may have legally obtained title to that land under the doctrine of "adverse possession."
But, first thing's first. See where your property boundaries are. If there is an encroachment, then see a lawyer to determine how best to resolve the problem.
You are confused. Property lines cannot "cross over" each other. By definition, they must meet. It's entirely possible that an APPARENT property line is not where the true line is - only a professional survey can establish that. Where you "believe" the property line to be matters little.
If he's asking for an easement, that means a limited right to encroach on some part of your property -not cede title to him. His "huge house blocking your friend's view" is completely irrelevant.
If he has presented you with a formal (written) request for easement rights, you should have it reviewed by a real estate attorney. These are complex issues that vary from state to state.