My neighbor has land next to mine, he has a house under construction on part of the easement he calls as his. It does not show that piece of property on his deed, but his does show an ingress and egress on it. He is also connected up to a water meter that is still on my property about 2-5ft. or less from my property line. My survey plat shows a driveway, but says nothing about an easement belonging to my neighbor. Is this legal to just go and take it, i know the law says he can own it in 7 yrs. here in my county. It has been 4 yrs. now. His house is 1.7in. over the property line, my plat shows i own that land (Easement) as he calls it. What should i do now?
Real Estate Attorney
On a property dispute such as you describe, you are going to have to hire a good real estate lawyer to figure out all the easements and encroachments. It doesn't sound like adverse possession (7 years to own) would apply, but there is no real way to tell without having the title checked, including all deed and plat records for the two properties, and the easement if it is a separate tract of land. Your ultimate fix is probably going to involve a surveyor, possibly your title insurance company if you purchased title insurance when you bought the property, and possible a court action to quiet title. And if the house is under construction and encroaching, you need to act before the house gets completed or a court may tell you that you waited too long to complain.
This answer is for general purposes only, and it does not create an attorney-client relationship.
The easement is limited to the purpose for which it was created. Ingress and egress does not mean able to build a structure. And yes, you need to deal with it now, or your right to recover your property will be lost to the statute of limitations. Malpractice on the part of the surveyor usually has a shorter statute of limitations - more like two years, so you may be out of luck on that.