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Prescriptive Easement From An Encroaching Structure (Real Estate & Property Law)

Sun, 25 Feb 2007 17:34:00 GMT

The city building ordinance requires all structures to be at least 3 ft from the boundary line.

This encroaching structure has been there for 7 years, built without a permit that the city requires, and is only shown to be encroaching by a recent survey done 2 weeks ago. No body knew it was encroaching before that. Both my neighbor and I thought it was right on the boundary before the survey.

So "open and notorious", strictly speaking, is established only for 2 weeks, right?

Furthermore, since this deck structure is illegal, does my neighbor have a right to get presciptive easement for this structure?

cchk

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  • Tue, 27 Feb 2007 09:40:00 GMT(1)
  • It's a trespass, and you can assert it as a trespass, but normally courts will only award damages in the case of an encroaching structure as it is usually deemed "waste" to demolish and rebuild structures. Share more details about the nature of the structure and encroachment, or consult a local real estate lawyer.
  • Tue, 27 Feb 2007 13:02:00 GMT(2)
  • You and your neighbor need to do some serious negotiating.

    Maybe he will pay you for an easement so he wouldn't have to tear down the deck.

    Then both y'all would be happy!
  • Tue, 27 Feb 2007 13:01:00 GMT(3)
  • The structure is a deck which is around 250 sq. feet and about 3ft above ground on one side and 1 ft above ground on the other side.

    In a recent boundary dispute about another issue I hired a surveyor and find out that this deck is actually extending 2ft x 20ft into my property.

    cchk
  • Tue, 27 Feb 2007 09:53:00 GMT(4)
  • Q: So "open and notorious", strictly speaking, is established only for 2 weeks, right?

    A: No; sounds like seven years to me (based on your post).
  • Leave a Comment Now.

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