What is the best way to resolvean encroachment or lack of clear easement?

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What is the best way to resolvean encroachment or lack of clear easement?

I own a commercial building that I’m trying to sell. The potential buyers have been required to get a survey in order to get title insurance. The survey shows that an attached shed and a stairway (the side entrance to the building) are on city property. Both structures have been there for over 43 years.

Asked on April 11, 2011 under Real Estate Law, New Mexico

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Oy.  You really need to speak with a real estate attorney in your area as soon as you can.  Ask about whether or not you have to bring an action for adverse possession or is there anything in the deed or permits from year ago (if there are any) that indicate an implied easement by any stretch of the imagination.  Adverse possession requires a few specific factors like open, notorious and under claim of right.  The law varies from state to staete and specifically in the number of years that you are required to possess the land.  I am sure that you meet that requirement at this point in time.  I am also curious as to who built that portion of the property on the city's land?  You?  Prior owner?  Who?  Get help.  Good luck.


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