what should I do if the corner of my neighbors house is on my property? (insurance, mortgage) - Massachusetts (MA) - City-Data Forum

benzzino · 09-01-2012, 02:25 PM

I bought a house two years back, I just had and my lot surveyed. The corner of the neighbors house in a few feet over the line. What can I do to fix this problem? I know I paid for extra title insurance but, I also just refinanced my mortgage with a different company. Does anyone have any advice in the next steps to do or take with the guy next door or with the title insurance company?

brent s · 09-01-2012, 02:56 PM

Obvious answer is to take a chain saw to the side of your neighbors house and rectify the problem.

Drover · 09-01-2012, 03:03 PM

First thing to do is check out the adverse possession laws of your state. If his house has encroached on your lot long enough without being challenged, that part of your lot is now his.

benzzino · 09-01-2012, 03:12 PM

Ya his house was built in 1966 , would title insurance have anything to do with this?

Hollytree · 09-01-2012, 03:55 PM

A standard title insurance policy usually excludes claims that are not discoverable from a search of the county records. Adverse uses of land are not recorded and your title insurance company typically will deny a request to either bring an adverse possession claim on your behalf or defend a claim related to an adverse possession.

SoFresh99 · 09-02-2012, 08:57 AM

This is extremely unlikely that his house is actually on your lot.

I would have the surveyor come back out and double check. I had my house/lot staked when I bought it and they said my garage wasn't on my property. Lo and behold when the big boss came back out to double check- viola! garage is now on the lot. A stake survey is not so easy in Massachusetts with lot lines often being metes and bounds references to granite markers that were put there 100s of years ago.

If after a double check it turns out his house is on your lot (which I would doubt) he would generally win an adverse possession case since he has claimed and been maintaining that piece of your lot for 50 years (or whenever his house was built). You don't really have any recourse unless you bought this from a builder you can turn back against. It was your responsibility to do your due diligence when you bought the house and your title company and mortgagor don't care about his house, they care if your house is on your lot.

If you want it to be all neat and tidy you can get the a new legal description for your property to redefine the lot lines and correct your deed, but that costs $$. My concern would be how much in taxes you are paying for sq.ftge that you don't have access to, but generally that is small change. We annexed 185sq.ft of my neighbors lot when we put up a fence along (what has been agreed to for 100 years as) the lot line, that turns out wasn't the lot line. His lot is smaller than mine so his taxes per sq.ft. are larger (sliding scale) and that footage would cost him something like $20 a year in taxes.

unit731 · 09-02-2012, 11:51 AM

If what you state is in fact true you may have issues when it comes time to sell.
Best to get all cleared up.

benzzino · 09-02-2012, 03:03 PM

I was thinking about building a two car garage next to my house and if the survey is correct and his house is on my property, I won't be able to build a two car garage next to my house cause we would have to move the property lines and they would both be too close. When I got the mortgage I paid extra for a lot survey, shouldn't that mean something because it was pertaining to the title insurance?

SoFresh99 · 09-02-2012, 06:37 PM

Quote:

Originally Posted by benzzino

I was thinking about building a two car garage next to my house and if the survey is correct and his house is on my property, I won't be able to build a two car garage next to my house cause we would have to move the property lines and they would both be too close. When I got the mortgage I paid extra for a lot survey, shouldn't that mean something because it was pertaining to the title insurance?

No the cheapie survey that the mortgage company makes you get has nothing to do with the other guy's house. The survey is to make sure that YOUR house is on YOUR lot, which it is, that is all they care about: that the actual asset they are lending $$ against is legally sited.

Even if his house were not on your lot, there is probably still some kind of rule about how close to the lot line (generally 6-7 feet) you could build your garage.

benzzino · 09-02-2012, 08:18 PM

The rule is 15 ft from the line in this town.