During a storm twenty yrs ago my car port fell. We replaced it on its orginail foundation. My neighbor that it may have been placed on property.

My neighbor thinks the replacement may be 1-2 inches on his property and is concerned if he wants to sell it could be a problem. Therefore he wants me to sign a letter stating that I would be willing to remove the car port or move the wall. We replaced the car port twenty years ago and did so in good faith and neither party thought it was on his property; which I still do not think it is since we replace it on the original foundation and when we purchased the house the carport on it; it was part of the original survey and shows a carport on the property. What do we do?

Asked on July 1, 2009 under Real Estate Law, New York


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I wouldn't be all that quick to sign that letter.  I would certainly not do that without talking to a lawyer first.

I hope that when you bought your home, you got title insurance (if you had a mortgage, the chances are good that you did).  And I hope that your car port doesn't extend out beyond that original foundation.  If both of those were true, I'd let the title insurance company handle the problem.  The bottom line here is, if your neighbor thinks you're wrong about the property line, let him prove it.

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