What is the best course of action if we have maintained a portion of property behind our home that was vacant and is now being built upon?

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What is the best course of action if we have maintained a portion of property behind our home that was vacant and is now being built upon?

The home being built will possibly be so close to our home that it will be very problematic, value destroying, and unaesthetic. It will also present a view into each others home. For 12 years trees have grown behind, technically on the new owners property. He could remove these and place in a yard or otherwise, thus living almost on top of each other within 30-40 feet. There is a 13 ft easement on either side of the property line.

Asked on July 10, 2012 under Real Estate Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have maintained a portion of the vacant land behind your property for more than five years then depending upon what you did and if you excluded the owner of it, you may have a prescriptive easement with respect to the portion of it that you have used.

As such, you should consult with a real estate attorney as to the situation you are facing as well as to review the scope of the easement that you have written about as well.

Under the laws of all states in this country, unless there is an easement of record stating that you have a view easement as to the adjoining property, you do not have one.

 


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