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Part of my property was foreclosed and auctioned off due to…

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Part of my property...

Part of my property was foreclosed and auctioned off due to a divorce. I learned last summer that the property a 60 x 80 auto garage with living quarters is a little more than 50% on my property. I hired a local attorney that decided not to persue it any further and taking my 2000 dollars. I am not sure where to go or do. The foreclosed property had shared water and sewer. the sewer I didn't know as I had moved out. now my leach field needs to be replaced and the new owners feel I should basically give them the property. he has also damaged some of my other property.

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And has any paperwork been filed?

New Hampshire, what papers?? I went to mediation just to be insulted with a 6000 offer. Damages are more than that. And as I said more than 50% of building is on my property. Property is appraised ate 179000 and has a full two story apartment

Lawyer's Assistant: Has any paperwork been filed?

Kid paid cash of 92500 at auction for building

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No unless they want to know more

Submitted: 8 months ago.Category: Real Estate Law
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Answered in 7 minutes by:
9/18/2017
Real Estate Lawyer: Barrister, Lawyer replied 8 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,661
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by JustAnswer. If you have requested a phone call with an attorney, your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

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Was this a separate lot that was ordered sold in the divorce?

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How long has the building been on both lots?

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thanks

Barrister

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Customer reply replied 8 months ago
a separate lot and building has been there since 2012. my ex had it built and didn't check property lines so the larger portion is on my property. I m at work so If I don't reply right back it is due to me having to leave my desk.
Real Estate Lawyer: Barrister, Lawyer replied 8 months ago

The problem you are going to run into here is that since the building was on both lots owned by you, then when one was sold, that implies an "easement by necessity" because you can't realistically move a building. So I hate to say it, but if this got to court, I see a judge granting the buyer the easement to continue to use that land.

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However, on the flip side, if your leach field is on the other lot, you also have an "easement by use" or "by necessity" since presumably the field has been there a while and is also not easily moved.

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So I don't see the neighbor as being able to prevent you from using and maintaining the leach field, but you can't force them to move the building..

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thanks

Barrister

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Customer reply replied 8 months ago
the leach field is on my property, and he was attached to it with out my knowledge. he has no water or sewer at this time as they are both on my property as well as his living quarters and his business. even though you cant move the building he still would have to pay for that piece of property correct. What is fair? His answer is I bought the property at auction and didn't know that the building was on your property as I didn't know he was connected to my leach field. he doesn't want to pay for any of the repairs even though I have a message from him stating that he would. And offered me 6000 for land and repairs. The estimate on the leach field is 8200, that doesn't seem fair.
Customer reply replied 8 months ago
I am basically land locked. And he has done damage to my property up back with ruts, oil, broken car parts and shovels from when they thought it would be fun to drive up the mountain and get stuck
Real Estate Lawyer: Barrister, Lawyer replied 8 months ago

Ah, ok, I had it turned around... If the leach field and water is on you, the again...he would have an easement by necessity or use and would have the right to use and maintain it. However he would have to fix any damages to the underlying property if he did have to enter and excavate or do other work..

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even though you cant move the building he still would have to pay for that piece of property correct.

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No, that is what I am saying... an easement gives him the right to use that land since it was already in use... But it doesn't give him ownership of it.

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But if he is using the leach field and it needs repairs, then I would opine that if this went to court, a judge would order him to share in the cost with you since it is a shared system.

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As for damages to your property, that is something you could sue him for in small claims court for any costs of repairs or returning the property to its original condition..

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Customer reply replied 8 months ago
ok thank you, ***** ***** am land locked and will remain that way until I sold the property. I was not aware that the building was on my property until he had a surveyor come in. and I HAVE to give him and easement is what you are saying???? Can th bank be at any fault for this as they didn't check the lines before they foreclosed and auction the property off?
Customer reply replied 8 months ago
the land wasn't in use for almost a year as my ex went to prison, auction was May 30, 2014 and new guy didn't get in there until fall/winter I believe
Customer reply replied 8 months ago
also the sewer for that building is not legal, never surveyed, never had plans or reported to the state
Real Estate Lawyer: Barrister, Lawyer replied 8 months ago

You can't be landlocked as a matter of law.. You always have the right to an "easement by necessity" to cross over another person's land the shortest distance to the nearest public road. So they can't cut you off from reaching a public road.

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and I HAVE to give him and easement is what you are saying????

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You dont' have to give him anything. but he can sue you and a judge will award him one. The same way that if you sued for an easement by necessity to make sure you can get to a public road, the judge would grant you one.

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Can th bank be at any fault for this as they didn't check the lines before they foreclosed and auction the property off?

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No, they don't care what is on the land, that is not their problem. It is the buyer's job to investigate and then take any legal action that is necessary based on what they find on the land.

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and the land wasn't in use for almost a year as my ex went to prison, auction was May 30, 2014 and new guy didn't get in there until fall/winter I believe

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And an easement by necessity doesn't require any specific time before you can get one... if you need it and it is necessary, then the court can grant it.

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also the sewer for that building is not legal, never surveyed, never had plans or reported to the state

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Then you can call the county or state, and they can come out and ding you both for an unpermitted leach field/sewer and force you to make repairs to bring it up to code.... so probably not a good idea..

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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thanks

Barrister

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Customer reply replied 8 months ago
ok, maybe I should have clarified and I apologize that the part of the building on my property doesn't not reflect his driveway at all. It is just one garage door and he has three this is not the main one. it is just the building on my property.
Customer reply replied 8 months ago
Seems I have frustrated you and thanks.
Real Estate Lawyer: Barrister, Lawyer replied 8 months ago

No worries at all.. I just am trying to answer your questions as fast as you post them...

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Customer reply replied 8 months ago
if no part of the building that is on my property that reflects his driveway why do I HAVE to give him an easement? Ill just put up a fence as it is my property and not a piece that is needed. Thanks for your time, this was a waste of my money as I tried to explain but you made me feel like I was an idiot. And if I have to give them an easement why would his lawyer make an offer
Real Estate Lawyer: Barrister, Lawyer replied 8 months ago

I am sorry if you feel insulted as that was not my intention at all, I try to break down complex legal issues into easily understandable answers.. that is what I do..

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As for why a judge would grant an easement (as I mentioned earlier you don't have to give anything, you can force them to go to court if they want one) it is because otherwise, that portion of the building that is sitting on your land would be legally trespassing and be a violation of the law. The easement just gives them the right to keep things as they are and not be in violation of the law.

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Real Estate Lawyer: Barrister, Lawyer replied 8 months ago

With regard to the offer, filing a "quiet title" lawsuit and hiring an attorney is expensive, so they would likely rather settle with you and pay you if it costs less than hiring the attorney, filing the suit and spending all that time getting the easement from the judge.

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Customer reply replied 8 months ago
ok, so what you are saying is I do not have to give an easement. they have a driveway, the only thing they have on the side on my property is a garage door. by law can I put up a fence to keep them off my property legally. this is all I need to know at this point. they have an attorney and are trying to force me into selling them the property for less then the value. but what I need to know is can I put up a fence legally?
Real Estate Lawyer: Barrister, Lawyer replied 8 months ago

by law can I put up a fence to keep them off my property legally.

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Sure, they only have a right to continue to use the exact property that the building is sitting on..nothing more. So you can put a fence right along the property boundary and the part of the building that crosses the line they wouldn't have access to the back of since they would have to come on your land to access it.

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thanks

Barrister

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Customer reply replied 8 months ago
Thank you!!!!! that is what I need to know Guess I will be a very busy girl this coming weekend. Have a great day.....
Real Estate Lawyer: Barrister, Lawyer replied 8 months ago

You are very welcome. Happy to help any time. Just make sure you have the boundary line clearly designated as you don't want to cross over anywhere and give them legal reason to complain..

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All the best to you and yours.

Barrister

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Customer reply replied 8 months ago
exactly, can I ask them to move the cars from my property?
Real Estate Lawyer: Barrister, Lawyer replied 8 months ago

Yes, if they placed them there, then they are encroaching on your land and are considered a trespass to property. If they were there before the sale occurred, then you can just have them hauled off to recycle. Some salvage yards will come get them for free if you call.

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Customer reply replied 8 months ago
THANK YOU!!!!!!!
Real Estate Lawyer: Barrister, Lawyer replied 8 months ago

Glad to help any time.

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Real Estate Lawyer: Barrister, Lawyer replied 8 months ago

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

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Thanks much

Barrister

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Customer reply replied 8 months ago
I know we went over this but clarify. If the part of the building on my property cannot be moved which is obvious, and for them to purchase it would the sum be fair market value of land or land and part of building?
Real Estate Lawyer: Barrister, Lawyer replied 8 months ago

If they wanted to actually purchase that part of your land, then it would be up to you to set whatever price you wanted... there is no "set price".

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So whatever you feel that bit of land is worth that they are willing to pay is what the price would be..

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Thanks much

Barrister

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