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easement

Discussion in 'Easements & Right of Way Law' started by bullhammer, Jul 13, 2014.

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  1. bullhammer

    bullhammer Law Topic Starter New Member

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    I have purchased a house and 10.5 acres 6 years ago, the house was built 30 yrs ago. And 2 months ago the neighbor had his land surveyed, come to find out my septic drain field is partially on his land. My parcel was a piece of the original that was sold by my neighbors grandfather. Now he is asking for me to pay for a easement for the 20' by 50' pc of land that the drain field rest on and has for 30 yrs. He is asking me to pay him 5,000.00 to him and pay 600. for an attorney and filing fees. This doe ant sen right to me seeing it has been in place for 30 yrs with no problem.
     
  2. Betty3

    Betty3 Super Moderator

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    Did you have your own survey done just to be on the safe side - to be sure the neighbor's survey is correct?

    You could run it by a lawyer since it has been 30 years.

    Someone else may come along with some additional suggestions.
     
  3. army judge

    army judge Super Moderator

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    More than likely he can't collect a dime from you. If its been as you report for 30 years the doctrine of adverse possession will allow you to retain title and use of the land.

    That said, you should see an attorney Monday or Tuesday. Your neighbor probably knows what I told you. So, be smart, don't commit to anything, except to say, I'll be discussing this matter with my attorney in a couple of days. Whatever is decided, I'll have my attorney get back to you.

    Then, say no more. Even if you decide to pay, you'd be a fool to do so without consulting an attorney. Life can be very complicated.
     
    bullhammer likes this.
  4. bullhammer

    bullhammer Law Topic Starter New Member

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    Thanks for the advise I greatly appreciate it!!
     

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