Our neighbor wants to put a driveway on his property, however right to the property line. Are there any restrictions as to how close to property line this can be done. Also his grinder pump is on our property. The town put it in, but does this become his property if it stays there. Should we have him have it moved? Thanks so much.

If you cannot find the markers that the land surveyor put down, do you need to have it redone or will they come out to find them. Thanks so much. Survey done about 12 years ago

If they can find them, no problem. If they can't, yes, it has to be redone.

In some areas a survey is only "good" for X years. What is the purpose of locating the markers?

Without knowing where you are it is impossible to know what your Town's setback requirements are. You cannot put anything permanent within 24 inches of the property line where I live - and that includes a driveway.

Ownership of a grinder pump does not change based on where it is located. This is not uncommon - they are placed every so many houses or every so many feet. I would "assume" that the sewer authority "owns" it.

If you want it moved, tell him you want it moved, let him notify the Town and let the Town tell you what happens next.

As far as the driveway - you CAN keep your neighbor and/or his employees from setting foot on your property. Makes it difficult to put that driveway in!

We are having a PROBLEM with neighbor who is putting in driveway about 14 feet from our house, but right on our property line. We want to erect a fence

I would start with calling the survey company, they may send someone out to find them ( they are fairly good at it)
If not you may have to get a new one done, ( this time make the markers harder to move and easier to find.

Yes, the code enforcement or building inspector will know the local codes for the set back. I seldom see where it can be right NEXT to a property line.

On the other issue, I would think that the city would own it and would have had to put it on a area that was a right of way for their use ?

This is part of your other thread and I have asked that both threads be combined to save time and energy.

It's been asked and answered.

Thread Merged

In ANY question involving law you NEED to include a general area as laws vary by area. In this case such restrictions are probably on a county or town level.

As for the grinder pump, contact the sewer authority and ask that an easement be entered on your property record.

As for the grinder pump, contact the sewer authority and ask that an easement be entered on your property record.
No, ask them if they have an easement. If they don't, ask them to either move it or to tell you how much they are willing to offer you for an easement.

I have been a surveyor for over thirty years. I have always recommended that people put their fences and other line defining structures, at least 6 inches on THEIR property. At no point should they meander onto the line itself. Then it will be encroaching. As far as the building of permanent strutures, that is going to be defined by the local government's laws.

I think it will be in your best interest to call the local surveyor. Look on your plat, and try to use the same one that's on the title block. They will be more apt to trust the markers that THEY set. If not, the surveyor will most likely want to totally resurvey the property. They have to be SURE that it's done right.

The last thing that you want is to be in conflict with your next door neighbor.

Good luck.

No, ask them if they have an easement. If they don't, ask them to either move it or to tell you how much they are willing to offer you for an easement.

Do you really believe that even if an easement wasn't obtained the sewer authority can't get pne approved without paying for it?

Do you really believe that even if an easement wasn't obtained the sewer authority can't get pne approved without paying for it?

Chances are that there is one.

But if not,
Certainly. Someone will have to pay.

T hank you all so much... you have been a tremendous help. We are grateful for info and it was informative... thanks again

In hull ma, we have grinder pumps, put in by the town. They put our neighbors on our property. Do we have any recourse to get it moved. No one from the town notified us.

What actually is an easement and as a homeowner, would we know if someone has an easement on our property.. thanks this site is fantastic

It would be included on the deed to the property. Filed at the recorder of deeds. Have you reviewed your deed closely, had it reviewed by a title attorney or title company.

But it allows a use for a specific reason, for power lines, or for access to other property.

It would be a swath so many feet wide and long that would not belong to either property owner, but would be open space for public use. Like FrChuck said, the information will be on file on your deed which is filed at the county office.

Sorry Wondergirl and Chuck but you're both wrong. :)

An easement is when a property owner gives another person the right to pass over their land. There are many different reasons, such as access to neighboring property, or for installation and maintenance of utility lines, or even for having a direct line of sight along a roadway.

An easement can be listed on your deed but it is more often a separate document that is recorded in the county clerk or county register's office against your property. It can be recorded as a document marked "Easement" or it can be shown on a subdivision map. So the only way you would know for sure if there is an easement on your property is if you have a title search performed. The search is relatively inexpensive and would show all easements.

Not to argue but having bought and sold dozens, if not 100's of properties, they are recorded at the recorder of deeds and attached to the deeds in all the states I have owned property

Not to argue, but having written 1000's of easements as well as 1000's of deeds, they are more often written as separate documents, not attached to anything except a legal description and sometimes a survey, and recorded in the county clerk or county register's office against the property to which it pertains.

If you walk into the county clerk's office and request a copy of a deed for a piece of property there are rarely any easements included in that deed. But if you ask for all documents recorded against a piece of property you may get several easements in addition to the deed. So the only way to be completely sure about whether there is an easement on a piece of property is to either perform a title search yourself (if you know what to look for) or have a title company perform a search.

I think this may vary by locale. An easement is definitely a separate document giving a 3rd party the right to a specified use of a portion of one's property.

I would suspect that most registers now cross reference the deeds with the easements so when a request for a deed is made, the easement is also provided. As more county clerks are computerized and digitized (imaged) this cross referencing becomes easier and more common.

Hello m:

Sure you do. I wouldn't take 'em on yourself, though. I'd hire a lawyer.

excon

If our neighbor is putting up a rock wall on property line and some of the rocks are spilling off our property, what can we do to get him to move, short of suing him or something. He is a bit of a loose cannon, a "townie", he thinks he can do anything

Helps to know what country, state and City.

There are some places that let you put a fence smack on the property line, while many require a setback. Some require permission from the town or Permits to erect walls or Fences. Can you provide a little more details?

The easy way if it's a wall separating your properties... is to simply toss the rocks over the wall onto his side that have fallen onto yours.

We live in hull ma. Rocks from next door falling on our property. Notified town, nothing done.. the town also installed his grinder pump on our property... seems like we can get nothing done, he has all the rights.. we are retired, so therefore living on fixed income, so we do not have extra for lawyer

If these rocks are causing a hazard, inform the owner that if he doesn't install some sort of bulkhead or protection he will be liable for any damages caused.

As to the town installing something within your property line, keep badgering them about it.

Check with a local law school to see if they have a free clinic to advise you.

Please don't keep starting new threads for this same issue. I've merged all your threads for you. Starting new threads with different info each time doesn't help us help you.

We were having a fence installed today and our neighbor had his land surveyed so we were going 6" off his line. He came out and cut the string and picked up the stakes and called police. Isn't a property line shared by the two landowners. We had to stop installation because he told police if didn't know where property line was. What is our recourse. He is a real loose cannon. We called his surveyor and asked for a plan that shows where the monuments are. We are not, at this time, contesting his property line... the land is going nowhere... thanks

Some localities require a permit for a fence... make sure your is not one... also verify setback requirements, some let you put it on the line, some like where I live require a 12 inch setback, but 5 feet if its adjacent to a sidewalk or driveway. Then there are height regulations.

And then there is the nice side ugly side thing... many require the best looking side face the neighbors property.

But any place I am aware of the next door neighbor can't prevent you from putting it up.

Do you have proof he picked up the stakes. Witnesses that saw the stakes there recently? Testimony from his surveyor about when the stakes were put there?

Once you have the property line established. Once you have all the proper permits to install the fence. You can go ahead. If you lost anything because he deliberately moved the markers and you can prove he did so, sue him!

... our neighbor had his land surveyed so we were going 6" off his line. ... he told police if didn't know where property line was. ... He is a real loose cannon. ...
Seems like he sure is. He had the line surveyed and then (are you saying) you don't know where the line is?
Did you see his surveyers place monuments? Then their location should be obvious. Are you sure they placed or located monuments?


... We called his surveyor and asked for a plan that shows where the monuments are. ...
It's his survey. I'm not sure the surveyor will be willing to give you information your neighbor paid for.


Do you have proof he picked up the stakes. Witnesses that saw the stakes there recently? Testimony from his surveyor about when the stakes were put there?
...

I'm assuming "stakes" and "monuments" are two different things.

Surveyers place monuments. Fence-builders put in stakes.

So you hire the survey company ( or another one) to come out and mark the property line, then you set your fence back according to code.

Do you are any friends own a metal detector? I've seen them (surveyors) drive metal stakes into the ground to just below the dirt level. THey were about the size of large spikes that had a plastic ribbon tied on them on my property (small and too easy for an idiot neighbor to remove)

Easy to spot that way... or play it safe, Hire your own Survey, drive metal rods at least two feet long ( 1" solid steel rod at home depot 2 or 3 feet long, use a sledge hammer) into all the way into the ground at those points right after the surveyor finishes ( let the idiot neighbor try and pull THOSE out of the ground). Easy to find in the future too. And if he touches any markers YOUR survey places, have him arrested. If he calls the police again show the cops the Survey you paid for... and put the fence up. If the neighbor causes problems or gets in your face... call the cops. Let them deal with him.

... And if he touches any markers YOUR survey places, have him arrested. If he calls the police again show the cops the Survey you paid for...and put the fence up. If the neighbor causes problems or gets in your face....call the cops. Let them deal with him.

Where I come from, and probably other places as well, it's a crime to remove or disturb survey monuments. It's something for the police to be concerned about. Where are you, BTW?

We are in hull ma. He is a townie, we are only summer residents. But have been since 1941. As you see we are not young. We did a knock down 5 years ago and have a beautiful new holme near the ocean. We found the monuments with the metal detector. But now the water commission tells us we have to get approval from town to put up fence as the grinder pump pipes are 37 1/2 feet deep we we may not put something permanent over them.. sounds very fishy to us... didn't want to but may need to hire a lawyer.. as retirees, money is fixed. Thanks again all for all your help you have been great.

Ok, it appears that you need town approval. But just to finish what I started, here is the pertinent statute for Massachussets:


PART IV. CRIMES, PUNISHMENTS AND PROCEEDINGSIN CRIMINAL CASES


TITLE I. CRIMES AND PUNISHMENTS


CHAPTER 266. CRIMES AGAINST PROPERTY


Chapter 266: Section 94. Boundary monuments and miscellaneous markers; malicious destruction


Section 94. Whoever wilfully, intentionally and without right breaks down, injures, removes or destroys a monument erected for the purpose of designating the boundaries of a town or of a tract or lot of land, or a tree which has been marked for that purpose, or so breaks down, injures, removes or destroys a milestone, mileboard or guideboard erected upon a public way or railroad, or wilfully, intentionally and without right defaces or alters the inscription on any such stone or board, or wilfully, intentionally and without right mars or defaces a building or signboard, or extinguishes a light or breaks, destroys or removes a lamp, lamp post, railing or post erected on a bridge, sidewalk, public way, court or passage, or wilfully, intentionally and without right defaces or otherwise injures, removes, interferes with or destroys any traffic regulating sign, light, signal, marking or device lawfully erected or placed under public authority on any public way, shall be punished by imprisonment for not more than six months or by a fine of not more than two hundred dollars. Any person convicted under the provisions of this section shall, in addition to any imprisonment or fine, make restitution.
M.G.L. - Chapter 266, Section 94 (http://www.mass.gov/legis/laws/mgl/266-94.htm)

Unless this is a virgin piece of land the surveyor does not place a monument, he locates it. You may be in a wee wee match with a skunk so maybe you need to get your own survey. A fence can be placed only where the city says it can be placed, their set backs are very critical. Folks have asked if there were witnesses, if there were they may be able to testify that he trespassed to get to your stake which was on your land.

If you did not get permits or check requirements before attempting to put up a fence, you made a mistake. Often the contractor will do this for you as part of the deal.

That's why I said earlier you need to check everything with the town and get permission to put up the fence and where to locate it. And then he can call the police all he wants, you just flash your permits and they will go away.

Where I come from, and probably other places as well, it's a crime to remove or disturb survey monuments. It's something for the police to be concerned about. Where are you, BTW?

Hmmm.. wasn't aware of THAT. I should amend my statement to so state "next to" the official monument... which will be small and hard to find by the average homeowner, I never disturbed mine... I just put the stake next to them, driven to just flush to the ground. Has helped me locate the actual monument precisely several times over the years as its only an inch or two away, but inline with the property line. The buried post I mentioned would be easy to find if you needed to find it without paying for a pro for your own purposes (as I have) in the future. That leaves the official ones undisturbed. The last survey I had done cost about $750 over a decade ago. Of course my property is irregular and there are actually 7 monuments on my lot.

And it goes without saying... if you didn't have the permits... thats likely why they made you stop work. Get those... and IF you have further problems... present them to the authorities at that time, at that point what your neighbor likes or dislikes is of no importance if you meet all legal requirements, and be certain you do. THey can make you take down the fence if it fails to meet all requirements at your expense. I would ignore the neighbor beyond any contact that is absolutely necessary. They probibly don't have a life or friends so they feel a need to cause problems. I've had neighbors like that over the years... and that's the best way to deal with them. You don't increase your stress levels... and you can't be pushed into doing anything that will get you in trouble.

No this is not a virgin piece of land. He did not remove the monument, we found it with a metal detector, he took out the marker which his surveyor put in and buried the monument with his foot. As he has been digging for some time, the grass even on our border is now dirt, so we could not find with naked eye, it is down about 10-12". We are only requesting to put a fence up on our own property. 6" in from boundary and we are aware of setbacks from street. The town ILLEGALLY (without easement) put his grinder pump on our property. We want it off... this is our right. If his grinder pump goes out, they need our permission to come on our property to fix his grinder pump. They have an easement to fix ours. That we signed 5 years ago.

...The town ILLEGALLY (without easement) put his grinder pump on our property. We want it off...this is our right. If his grinder pump goes out, they need our permission to come on our property to fix his grinder pump. they have an easement to fix ours. that we signed 5 years ago.

The grinder pump (http://en.wikipedia.org/wiki/Grinder_pump) belongs to the town, not the homeowner? If so, the easement would give the town the right to maintain your grinder pump as well as the connection from the pump to the sewer main. Check the wording of the easement: it may give the town the right to access all parts of the sewer system, including his pump. Or are you saying his pump is not within the area described by the easement?

There are often set backs from properly lines for fences, so check your city zoning, it is different from set backs from the street.

And of course in most areas you need building permit for the fence.

The easement signed by me, only allows the town of hull to come onto my property to fix only my grinder pump. The water commissioner did not know why it is on our property. He said it was a "site decision" but nonetheless wrong. We do not need a permit in hull to erect a fence

... now the water commission tells us we have to get approval from town to put up fence as the grinder pump pipes are 37 1/2 feet deep we we may not put something permenant over them..sounds very fishy to us. ...


the easement signed by me, only allows the town of hull to come onto my property to fix only my grinder pump. The water commissioner did not know why it is on our property. he said it was a "site decision" but nonetheless wrong. we do not need a permit in hull to erect a fence

Apparently you and the town disagree about the need for a permit.

Either

they are reading the easement differently than you are;
there is another easement of which you are unaware; or
there is a zoning ordinance-permit requirement that they aren't telling you about.

The town water commissioner agrees with us that is should not be where it is. The abutters pipe comes out the back of his house to his back yard. The water commissioner does not know why it was put where it is.. Seems to be a mystery to all... I think our abutter wanted it where it is. Does not interfere with his yard at all. He is that connyving and sneaky. A real dumb animal.

We installed a fence last week. We went in 4 inches from property line. Now our neighbor has started a rock wall right next to our fence, some are falling onto our property. Is there something we can do to stop all this nonsense, maybe a stop order or something and also where would we go to do this. Do we lose our 4 inches because we put the fen ce there or do we always maintain our property line... thanks so much for help

we installed a fence last week. we went in 4 inches from property line. now our neighbor has started a rock wall right next to our fence, some are falling onto our property. Is there something we can do to stop all this nonsense, maybe a stop order or something and also where would we go to do this. Do we lose our 4 inches because we put the fen ce there or do we always maintain our property line....thanks so much for help

The side of the fence nearest your neighbor's property is 4" from the line? And the neigbor is encroaching on your property that 4"? I assume you have had the line surveyed so that you know for certain exactly where the line is.

Send the neighbor a letter courteously but firmly informing him that he is trespassing on your property and demanding that he cease and desist. If he ignores it, you will have to take him to court.

I've merged all your threads as they relate to the same issue. I thought we had settled this already. Please don't start a new thread with the same issue.

Oh, good, Scott - I thought it was me.