Legal Question in Real Estate Law in Massachusetts

title ins?

Bought a house with a one car detatched gararge. Title survey shows gararge on property. Nieghbors had thier property surveyed which shows garage two feet on thier property, which also means part of driveway is to. What recourse if any do I have and against who. We asked about shared or easments and were told there are none.


Asked on 1/29/08, 5:13 pm

1 Answer from Attorneys

Re: title ins?

First, depending how long the garage has been there there, 20 years, your neighbor can't do much about it. If it is less than that then there may a problem.

I would start by calling the closing attorney or the firm that handled the closing, see if they can be of assistance.

However, the issue will be the difference between the neighbor's survey and the plat. You could also call the company that did the plat survey.

This is not an easement issue, it is an encroachment issue. Did you buy title insurance as the owner? there will be only limited coverage for this kind of issue. The first person you have a claim against is the Seller depending upon what your P&S says and if he knew his garage was not on his property.

I would go see an attorney once I found out what your neighbor is claiming he wants from you.

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Answered on 1/29/08, 5:37 pm


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