Results 1 to 9 of 9

Hybrid View

  1. #1
    Join Date
    Dec 2011
    Posts
    3

    Default Neighbors Plannned Driveway That Encroaches on Our Property

    My question involves real estate located in the State of: MA

    Essentially, we have some hedges near but not on our property line which visually and ascetically it appear to divide the two properties, but our property actually extends approximately three feet beyond those hedges onto his side. Our Neighbor has a gravel parking area on his side of the hedges that actually encroaches on our land. Now he want to pave that area and has approached us for permission to do so as he understands that this is our property. This permission would be in the form of a letter from him acknowledging that he understands that the property is ours (not his). We are on good terms with our neighbor and have no problem with him doing this, but I just worry what happens if he sells the property, want are the implications. I had asked to put in language into the letter stating he would require new buyers to aknowledge the letter at closing, but I don't know how enforcable that would be. I really don't want to have to spend money now to hire a lawyer, but would like to do something to insulate myself from possible problems down the road.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Neihbors Plannned Driveway That Encroaches on Our Property

    one big question you need to answer:

    if the neighbor sells, would you be willing to allow the continued presence of the paved drive and allow the new neighbors to use it as if it were their own?

  3. #3
    Join Date
    Dec 2011
    Posts
    3

    Default Re: Neihbors Plannned Driveway That Encroaches on Our Property

    Quote Quoting jk
    View Post
    one big question you need to answer:

    if the neighbor sells, would you be willing to allow the continued presence of the paved drive and allow the new neighbors to use it as if it were their own?
    I guess I would like to reserve the option of reneging down the road. I get along well with current neighbor, but whether this is the case with subsequent owner is unknown. I'm also wondering if I am opening myself up to potential Adverse Possession if i go along with this.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Neihbors Plannned Driveway That Encroaches on Our Property

    if you would like the possibility of revoking the permission, you need to look into a license or an easement in gross. The license can be issued and revoked at will, within the limits included in the license and an easement in gross is given to benefit a specific person.

    Just to contrast this, an easement appurtenant transfers with the land so the new owner would have the same rights the current owner enjoys. This is the typical or usual type of easement one sees.

    Regardless of which you would choose to use, I would strongly suggest utilizing the services of a lawyer for this. If something is done incorrectly, you could end up giving away more rights than you wish to and it can be very difficult to reverse.

    as to the adverse possession claim: no. In fact your actions would specifically prevent such an action, at least with the current owner. Permissive use is directly opposed to adverse possession (or use) and negates such a claim. Now, if you granted a license or easement in gross to the current owner who subsequently sells the place, should you fail to enforce the now lack of permission to use the property, the new owner could eventually make a claim under adverse possession (gains actual title to the land) or a prescriptive easement (gains permanent use in the manner they had used it for the time they used it).


    Have you ever considered simply selling off that section of land to the other guy? That way you would be done with it forever.


    since this is to benefit the other guy, I would surely expect him to bear all the costs of whatever you did. Why should you pay to allow him to use the property?

  5. #5
    Join Date
    Dec 2011
    Posts
    3

    Default Re: Neihbors Plannned Driveway That Encroaches on Our Property

    Just a thought...What if I actually rent/lease it to him for a very low amount of money. The purpose would be to clearly establish the understanding of ownership and keep more control by make the lease non-transferable and terminable by me.

    I googled "Easement in gross Massachusetts" and read that in Mass these can possibly be inheritable and assignable...this was bit worrisome.

    Also, what are the dangers of just having the letter from him acknowledging property ownership as mentioned in the first post and is my lease idea any stronger?

    Thanks

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Neihbors Plannned Driveway That Encroaches on Our Property

    Quote Quoting ctbrown
    View Post

    Also, what are the dangers of just having the letter from him acknowledging property ownership as mentioned in the first post and is my lease idea any stronger?

    Thanks
    the letter would work just fine, if constructed properly. It would grant a license which is one of the possibilities I mentioned. With a lease you possibly incur liability and maintenance issues and a lease is transferable to subsequent purchaser unless constructed properly so as to terminate upon the sale of the property. Leases are also inheritable.

    1. Sponsored Links
       

Similar Threads

  1. Neighbors Want to Use My Driveway
    By Shahborn in forum Real Estate Ownership and Title
    Replies: 10
    Last Post: 07-03-2010, 08:22 PM
  2. Neighbors Are Damaging Land Outside of Shared Driveway Easement
    By sshore in forum Real Estate Ownership and Title
    Replies: 3
    Last Post: 12-31-2009, 05:10 AM
  3. Neighbors Keep Flooding My Entire Driveway
    By deborahramey in forum Real Estate Ownership and Title
    Replies: 13
    Last Post: 09-20-2009, 12:17 PM
  4. Backyard Access Through Neighbors Easement Driveway, in Michigan
    By LAKELOVER in forum Real Estate Ownership and Title
    Replies: 6
    Last Post: 07-06-2009, 06:56 PM
  5. House Encroaches on Easement - Buy It Anyway?
    By profrob in forum Real Estate Ownership and Title
    Replies: 3
    Last Post: 06-28-2008, 06:23 PM
 
 
Sponsored Links

Legal Help, Information and Resources