Legal Question in Real Estate Law in Hawaii

Encroachment

Previous owner built a planters rockwall during 1960's along easement road for neighbor's a right of way with the after it was being subdivided. When this part of property that granted easement right of way had been sold to the next person before me, this planters rockwall that is over 4 feet wide and 20 feet long still erected inside the property line being owned by me now. I talked to the owner of that rockwall and they refuse to take it out. When I purchased the property, it didn't indicate that someone but the previous owner encroaching into the said lot. Notably, they didn't knew about any encroachment agreement because both parents already departed. Now, I am dealing with the great grandchildren and they kept on disagreeing about removing the rockwall off my property or to sign an encroachment agreement. What's the best thing for me to do? I am paying most of propery tax on the easement bigger than my living area.


Asked on 4/18/06, 5:23 am

1 Answer from Attorneys
Jon Zahaby Tour bus, scenic and sightseeing, operation

Re: Encroachment

An encroachment is a form of trespass. I suggest mediation or other forum where the grandchildren can be made to understand that you will file a complaint for trespass unless an Encroachment agreement can be signed so that you are indemnified re: the wall.

Aloha, Jon A. Zahaby

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Answered on 4/18/06, 3:07 pm


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