Re: Grinder Pump Location
is this pump owned by the neighbor or is it part of a public utility service?
how long has the pump been there?
were both properties part of a common parcel when the pump was installed?
Re: Grinder Pump Location
It is owned by the neighbor and has been there for allmost ten years and the parcels are separate. neither of us owned these property's when it was insatalled.
Re: Grinder Pump Location
that is why I asked if the properties were always separate or if they were possibly conjoined when the pump was installed.
do you know who installed it?
Re: Grinder Pump Location
Yes when my father in law was alive he had them put in when he owned all the property's. he was a great guy but did some strange things.
Re: Grinder Pump Location
you have no right to demand it be moved. The person that put it in had a legal right to do it. When you purchased the property, it was a known encumbrance. It is what it is.
Re: Grinder Pump Location
encumbrance (incumbrance) n. a general term for any claim or lien on a parcel of real property. These include: mortgages, deeds of trust, recorded abstracts of judgment, unpaid real property taxes, tax liens, mechanic's liens, easements, and water or timber rights. While the owner has title, any encumbrance is usually on record (with the County Recorder or Recorder of Deeds) and must be paid for at some point.
No easement or record of payment for said location. On a lighter note no property owner should have to deal with something protruding from the ground that has to deal with something that is not theres.
Re: Grinder Pump Location
You're not processing what jk has told you. Your father sold this land after having placed the grinder pump serving that land on the retained parcel. They have an implied easement for the grinder pump and they did pay for it - when they bought the land from your father.
Re: Grinder Pump Location
I guess im not because my father died and my sisters sold the property not knowing anything. or where anything was placed.
Re: Grinder Pump Location
Your father? Is that the father in law mentioned above?
The fact is; he had the legal authority to place the pump wherever he wanted to because he owned all the property. When a person sells property, they are required to disclose known encumbrances such as the pump. If they were not aware it was an encumbrance, they did nothing wrong. The onus is then upon the buyer to investigate the possibility of unknown encumbrances and either refuse to accept the encumbrance or accept it. That is but one reason why people should hire a survey when buying property.
If a buyer fails to investigate the situation, they accept the situation as it is.
So, the pump was legally placed. Because it was legally placed, when the property is sold, there is an implied easement that allows the pump to remain. Therefore, the time to argue the placement of the pump is when you purchase the property. You either failed to argue the placement or knowingly accepted it. In either case, the pump has the right to remain where it is.