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mpcash · Jul 31, 2010, 09:12 AM

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.

mpcash · Jul 31, 2010, 09:55 AM

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

JudyKayTee · Jul 31, 2010, 10:27 AM

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?

JudyKayTee · Jul 31, 2010, 10:30 AM

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!

mpcash · Jul 31, 2010, 11:33 AM

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

Fr_Chuck · Jul 31, 2010, 12:11 PM

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.

Fr_Chuck · Jul 31, 2010, 12:50 PM

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 ?

JudyKayTee · Jul 31, 2010, 05:15 PM

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.

ScottGem · Jul 31, 2010, 05:55 PM

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.

AK lawyer · Jul 31, 2010, 06:18 PM

Originally Posted by ScottGem

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.

jmjoseph · Jul 31, 2010, 06:24 PM

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.

ScottGem · Jul 31, 2010, 06:25 PM

Originally Posted by AK lawyer

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?

AK lawyer · Jul 31, 2010, 07:03 PM

Originally Posted by ScottGem

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.

mpcash · Jul 31, 2010, 07:48 PM

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

mpcash · Aug 22, 2010, 02:53 PM

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.

mpcash · Aug 22, 2010, 03:07 PM

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

Fr_Chuck · Aug 22, 2010, 03:21 PM

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.

Wondergirl · Aug 22, 2010, 03:31 PM

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.

LisaB4657 · Aug 22, 2010, 03:47 PM

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.

Fr_Chuck · Aug 22, 2010, 03:48 PM

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