Neighbor Landscaping on my Property

edge

New Member
Jurisdiction
New Jersey
I am asking this question for my parents. The Neighbor wood built landscape ties on my parents property about 20 years ago. At that time the neighbor would not move them, but the neighbor and my parents verbally agreed that the ties on my parents property were belonged to my parents. I was a witness to this agreement. The original owner is deceased and house now belongs to the owners estate and is going to be sold.

I spoke to the estate administrator told her that I want the ties removed before the property will be sold. She said she will determine this, but stated that she did not want to move the ties since it is only few inches over line and it would be expensive. I do not know if he is aware that there was an agreement that my parents own the ties. There has been no resolution in several months and I do not believe she will move them.

What complications can arise when the time comes for my parents to sell the house if the ties remain ?

What will occur if the survey of the neighbors property during the sale finds the ties are over the boundary ?

Can my parents have the ties removed, since it was agreed that the ties on my parents property belong to my parents?

Is there any issue with easement or adverse possession etc?
 
Last edited:
You have no proof about any agreement that you assert was made verbally.
Even if you had such proof, it wouldn't be probative.
The statute of frauds requires any real estate transaction must be in writing.
Absent any such writing, the neighbor owns the ties.
However, he/she has no clim against your parents, as it is unknown how the ties came to exist on the neighbors property.

What you wish will never happen, or so it seems.

I suggest you drop it.
 
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