Legal Question in Real Estate Law in New Jersey

Encroachment of property

Good Morning,

Adjacent property purchased 2 years ago by new owner, who says now that my detached garage encroaches on his property (by a few inches) and demands that portion of block garage be removed from and off his property.

My property was inherited and passed on to me when death in family occurred. I live in my house and use the garage to park my car. Upon family death, deed was transfered over to my name. Deed is all in text with no survey. Attorney said at that time survey was not necessary - an additional expense.

The few inches of encroachment of garage is in a 5 foot buffer zone established by zoning law guidelines and has no use to the new owner separatiny my property line from his.

After 2 years of ownership of his property he is now concerned over my garage extending over onto his property??

So much for good neighbor policy----

Thank you and have a nice day


Asked on 6/25/03, 10:28 am

3 Answers from Attorneys
Steven Rothberg Law offices of Steven D. Rothberg

Re: Encroachment of property

There are a few legal issues that may apply here. First, if that garage has been there for more than 20 years, then you would likely be successful defending his claim on the basis of adverse possession. Second, if the party that you inherited the property from had a title insurance policy, you may still be covered as an "heir at law". You should check into this. Third, your neighbor's survey could be wrong. If you want to discuss this matter in further detail, please give me a call at 800-443-5084.

Read more
Answered on 6/25/03, 10:35 am
Benjamin Laves Benjamin S. Laves, Esq.

Re: Encroachment of property

I read Rothberg's reply to your question and agree with him. There are, however, other possible solutions. If your survey shows encroachment, in the interests of "peace" you may offer a small sum to purchase the section of property in question. You may also ( for some kind of consideration) get an easement from your neighbor or simply reach a "use" agreement. Any out of court solution will generally be less costly than litigating this matter. You will need an attorney regardless of which resolution is used. Call me if you wish to discuss this further ....(973) 731-5110

Read more
Answered on 6/25/03, 11:04 am
Walter LeVine Walter D. LeVine, Esq.

Re: Encroachment of property

I also read the preceeding e-mails and concur. The best is probably offering some nominal payment. the neighbor will be hard pressed to make you remove the garage after all these years, if adverse possession does not apply. nuisence value only, but you might need an attorney.

Read more
Answered on 6/25/03, 3:36 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in New Jersey