Legal Question in Real Estate Law in Massachusetts
Shared stairs on property? Liability?
I just bought a house on the water with a stair case from the house down a cliff to the beach. I was told by the sellers that the stairs are mine and they do come directly off my patio. I was told by my neighbor later, that the stairs overlap her boundary line and that she half owns them and plans to continue to use them as half hers. She has a plot plan that shows this, but I did not receive this at my closing. I'm concerned about my liability if her friends use them, fall and sue. Is she correct to say they are half hers? She has only lived there 2 years and the steps are about 20 years old.
2 Answers from Attorneys
Re: Shared stairs on property? Liability?
This should have all been disclosed when you purchased the property, if not by the Seller, then by the attorney you hopefully hired to research the title to the property. Go to that attorney and ask for an explanation. Good Luck!
Re: Shared stairs on property? Liability?
If the plot plan that was issued with respect to the property does not show the stairs as being encroaching on the neighbors property, you need to ask the closing attorney or the company that issued the plot plan to confirm that and send them a copy of your neighbors plot plan. If you were represented by counsel call him. If there is a closing attorney call him.
As to liability, if the stairs are on both lots and your neighbor uses them she has joint liability. You might ask her to name you and your spouse as additional insured under her property insurance. You might also want to give her a letter that says you do not believe she is half owner but give her permission to use them provided that you are named as additional insured.
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