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Old 09-02-2012, 08:58 PM
 
Location: Chicago
38,707 posts, read 103,332,665 times
Reputation: 29985

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Quote:
Originally Posted by benzzino View Post
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.
Do you have to move the entire lot line, or can you just carve out a deviation where your neighbor's house (supposedly) encroaches on to what (apparently) should have been your lot line?
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Old 09-03-2012, 08:22 AM
 
Location: Needham, MA
8,547 posts, read 14,063,896 times
Reputation: 7944
Quote:
Originally Posted by Drover View Post
Do you have to move the entire lot line, or can you just carve out a deviation where your neighbor's house (supposedly) encroaches on to what (apparently) should have been your lot line?
Lot lines don't have to be straight.
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Old 09-03-2012, 12:23 PM
 
374 posts, read 656,608 times
Reputation: 261
Quote:
Originally Posted by SoFresh99 View Post
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.
I saw one listed in East Bridgewater. The caveat within the disclosures was the fact that part of the house was on the property of the adjacent house.

It is more common than you think, apparently.

Bill
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Old 09-04-2012, 05:19 PM
 
Location: Bangor Maine
3,440 posts, read 6,559,092 times
Reputation: 4049
How about selling him a couple feet of your lot? You could always build just a one car garage. Sounds like a good lawyer of real estate property might be in order.
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Old 09-05-2012, 01:53 PM
 
Location: Cape Cod
24,587 posts, read 17,327,951 times
Reputation: 35888
If it is true and his house is on your lot or too close to it maybe you could get a variance and still build your garage. If he is encrouching your land there must be something in writing somewhere that said it was OK for him to build there. A house is not like a shed you can throw up in a weekend. Check with the building dept.
If the house on your land has gone uncontested for 20 years then it is now his land.
I say get a pro surveyor out to mark it off and find out for sure.
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Old 09-05-2012, 07:11 PM
 
4 posts, read 4,822 times
Reputation: 11
Even if the neighbor's house has been on your property for 20 years or more it does not necessarily mean that the land is the neighbors via adverse possession. It depends on if it is registered land or recorded land. If title is registered than adverse possession would not apply. In this instance the specific facts make a world of difference.

You should contact a land use or zoning attorney in your area to discuss the issue and possible solutions.
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Old 09-05-2012, 07:13 PM
 
42 posts, read 46,641 times
Reputation: 53
Thumbs down Yada Yada Yada..trouble makers...

leave it alone...no one likes a ****ty neighbor..you have to live there. Like slipping down in a neighbors yard and suing...
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