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Hi, I'm purchasing a foreclosed home in MA. There is a single

Sent to Legal Experts October 3 2008 at 11:52 AM
   

Hi, I'm purchasing a foreclosed home in MA. There is a single car garage on the back left property that does not show up on plans from town hall. The garage is the same color as the house I'm buying and the builders son told me via phone call that it comes with the house. There is a 15 foot access easement that runs the length of the property that was put there by the builder for a culvert drain to be cleaned. I have not had this land surveyed but I think the garage is on this easement,however there is no break in the curbing at the street for the access. As of today the neighbor cut his lawn in front of the garage and PAINTED the garage door black(it has been red for 20 years) to match his property!!!! I'm closing in a week!! What do I do to confirm this my garage and can I abolish this easement?? And can I install a fence showing this garage is on my proprty? Thanks

Customer (name blocked for privacy)
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October 3 2008 at 12:09 PM (17 minutes and 7 seconds later)
         
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October 3 2008 at 12:19 PM (10 minutes later)
         
Hi, as of next week I will own the land that has the easment and the garage is on the easement. The garage comes with my property as I have been told. There is not much time to do anything before the closing in a week. If I own the garage and the easement can I abolish the easement??Or do I even need too?? Can a fence be installed?
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October 3 2008 at 12:52 PM (5 minutes and 54 seconds later)
         
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"Hi, as of next week I will own the land that has the easment and the garage is on the easement. If I own the garage and the easement can I abolish the easement??Or do I even need too?? Can a fence be installed?"

Okay, so you’re going to own the land, and it’s the neighbor who owns the easement? I was assuming the opposite. That changes things.

If you own the land, then you likely own the garage. The easement merely gives the neighbor the right to clean the culvert drains (assuming that is what the easement specifies). Therefore, the neighbor may not use the land for any other purpose. You cannot abolish the easement since it is a property right owned by the neighbor. Generally speaking, he would need to consent to abolish it. Also, you may not put a fence around the land in question if the fence will prevent the neighbor from using the land for the purpose for which the easement exists (i.e. cleaning the drain).

I think you should get a survey done in order to see exactly where the easement lies, and where the garage lies.




Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. For specific legal advice, please consult with an attorney licensed in your state.
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