Question on property lines / easements / encroachment

[KTurner]

My property is a "flagpole" lot, where I have a 50' wide strip of land that extends out to the main road, between other properties. There's a paved road on this 50' wide strip that belongs to me. I understand there's an easement that allows the other two lots to use the easement to get to their lots (as their lots don't touch the public road) - but these lots have been this way for 30, maybe 60 years (all family, maybe there never was an easement?). These other two lots have been family owned, but one person sold their (empty) lot last year. A house has been built on it for a disabled vet who is going to take ownership of the house/property soon. My paved road does not line up with the edge of the 50' wide strip. The driveway, mailbox, irrigation system, etc that has been installed on this lot appears to have been done so with the assumption that the property extended to the edge of the paved road. At one corner, the property is probably 12' from the road while the other is about a foot.

Does anyone have experience with this type of situation? Not even sure what the possibilities are. I'm assuming the easement, assuming there is one, gives them the right to travel across my property, but not treat it as their own (and I'm not sure how to verify what the easement says or if one even exists). I certainly don't want to welcome our new neighbor with a property dispute and delay the delivery of their new home (which has already been delayed by months). Practically speaking, I don't know what I'd use that land for since it's between the road and their house. Most people would assume it belongs to that house because of that. Unfortunately, the county had tore out the private road (and put in a new one) to install sewer and tore out everything I had used as a reference for the property line.

Any thoughts or suggestions?

Keith

 

[srossman]

Two suggestions
1. Get a new survey done with pins at the corners of your lot. The cost is definitely worth it for the piece of mind it brings you and probably your neighbors too since they didn't pay for it.
2. I would read your deed, and the deeds of the surrounding land owners. I was able to log on to my county government web site and search for any deed that I wanted to. I was able to find that I had an easement to be able to access my property from another direction.

Hope that helps.

 

[jlgurr]

You should be able to obtain a copy of the deed if you don't already have one. They are public record here. If the lot description is clear enough it might be all you need. (We gave iron pins at corners of our property.) If not you may need a survey to prove it.

Whether it turns out ugly or not depends on the new owner and how you present the encroachment. Bad neighbors are no fun so do your best to be cordial. In other words don't send the survey results by registered mail.

Sent from my iPhone 2.0 using TractorByNet

 

[turnkey4099]

Survey firat above all. Until you have that you are only speculating. From the description of the use of the road over the years It would appear that at "Presumptive ROW" exists if no formal one can be found - that would also probably apply to any empty lots that were owned by people useing the road.

Harry K

 

[KTurner]

A surveyor was out today marking the lot soon to belong to my new neighbor. He clearly marked the corner of their lot with a rod and stake labeled "property corner". This rod is ~10' from the road and their mailbox, irrigation, etc are on the my side of that marker. I have a deed from 1986 for my property that does not mention an easement. I have a plat from 1987 that has the flagpole portion of my lot labeled as "50' lane or right-of-way - see PB7 @ PG164 & DB228 PG 507", but doesnt say who has right of way. PB7 PG 164 is available online and doesnt say anything about an easement. I guess I'll have to go to the county tomorrow to get a look at DB228.

By rough calculation, we're talking a ~1200 sqft area, based on their surveyors markings.

Keith

 

[/pine]

I'm sure it varies by location/municipality etc... but here there is a difference between a right of way and an easement...generally an easement allows ingress and egress to a related property...

Who pays the taxes on the property being discussed?

 

[smstonypoint]

I would be surprised if the new house is mortgaged and there is no easement. It would make sense for the lender to make sure there is an easement before issuing the mortgage.

Steve

 

[KTurner]

Who pays the taxes on the property being discussed?

I pay property taxes on it.

Keith

 

[mapper]

You stated that you really don't use the strip of land for much other than access to your main piece of property. How much do you pay in taxes for it? Consider transferring title to the new owner, one granting you all of the easement rights for access, utilities etc. Do the same for the other piece as well, that way you transfer the tax burden onto those properties.

 

[Qapla]

Since the OP mentioned "delivery of the new home", I would guess it is a Mobile Home, therefore, a mortgage would not be in the mix since a MH can be financed without land.