Legal Question in Real Estate Law in Hawaii

Utility encroachment

when our subdivision was developed the under ground utility lines for our next door neighbor were placed on our property meaning we were not able to put our fence close to the property line. We had to set it back 18 inches from property line. we would like to move our fence to the property line and take full use of our land. What can we do? Who needs to move the utility lines so that we can proceed? The subdivision was made 17 or 18 years ago


Asked on 3/01/07, 5:07 pm

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

Re: Utility encroachment

Without seeing any maps or your preliminary title report my best guess is there is nothing you can do without mutual agreement with your neighbor -- the utilities are probably running under an easement that cannot be improved and that runs with the land.

Aloha, Jon A. Zahaby

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Answered on 3/01/07, 5:12 pm


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