The left side of this property including some of the driveway is completely on someone else's property. Why?

Asked by tj1222, Southbridge, MA Mon Jan 9, 2012

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11
Kevin Vitali, Agent, Tewksbury, MA
Mon Jan 9, 2012
Looked at the deed out of curiosity there is no mention of an easement. The only true way of knowing is a survey.
3 votes
Kevin Vitali, Agent, Tewksbury, MA
Mon Jan 9, 2012
Actually looking at the assessors map it does make it look like that part of the curve of the driveway is on someone else's property assuming the assessors map is right in relation to the buildings. I would check the deed as Andrew mentioned to see it there is an easement.
1 vote
Andrew Adams, , 01915
Mon Jan 9, 2012
If the driveway is not on the subject properties lot it would have to have an easment or right of way. Which would be part of the existing deed. Have you pulled the deed from the registry?
1 vote
Scott A. Nel…, , 02155
Mon Jan 9, 2012
If there is any question it's something any buyer should investigate when something so easily found is readily available. The only true way to determine the boundaries is via instrument survey. While costly it does address the need for accuracy needed by both property owners. You and your buyers agent/attorney can also address this with the abutter property could look into this prior to an offer at your expense to make sure of the boundaries. The listing agent may only be representing what their sellers represented to them. You should also look into building permits especially for driveways on record with the local municipality if there's a question. Hopefully something was recorded when the driveway was installed but as you might find with many older New England properties there may be lacking records. In that case an additional investigation would be warranted in the Registry of Deeds to look into any easements going back even further than what's available online. A title examiner can look into these items going back to the incorporation of the township if directed and available. An attorney can best advise you if there are any legal remedies available to you or legal courses to persue if this is a highly desirable property for you.

Property boundaries are typically outside the level of expertise of real estate professionals, the only source they have are the property owners and they also aren't qualified to make these representations. That is why only an instrument survey can say for certain what property belongs to what parcel. As a buyer doing all due dilligence investigating andperforming the needed inspections is best rather than finding out something later.

Most all real estate professionals I know work hard to do their best to represent properties to the best of their ability, firstly from a good business point of view where you'll be in their "neighborhood" but also from a point of view that litigation and problems just aren't worth it, too expensive and time consuming. Better to do the job right from the beginning.

Hope that helps,
0 votes
tj1222, Home Buyer, Southbridge, MA
Mon Jan 9, 2012
Hello all. I actually visited and toured the property with Remax and spoke with Kim Oakes, then received a copy of the Property Map which clearly indicates that there is a 7.4 Acre lot IN BETWEEN this listed property and the next one that you see via satellite or in person (as I did) to the left.

I was very interested in this property from a Land-Only perspective and was ready to make an offer on it. I would completely demo the existing structures and foundation and build anew.

However, upon receiving the Property Map and comparing it to the Satellite images, it has become clear (and yet to be contested by Kim Oakes or the listing Agent) that the driveyway and whole left side of the yard in the pictures is completely within the boundaries of the adjacent property.

I understand none of you had this perspective (official Property map from the Town of Southbridge with all of the surrounding lots and sizes on it).

However, my intent was really, for someone that is close to this property, to hopefully, squash my concerns with some evidence to the contrary.

I have contacted ReMax and Kim Oakes; but I am afraid my concerns are proving to be true based upon hard evidence in hand.

Just Buyer Beware is my other point.

Thank You all for responding.
0 votes
Kevin Vitali, Agent, Tewksbury, MA
Mon Jan 9, 2012
Oops I meant to include the link to bing maps....

http://www.bing.com/maps/#JnE9LjMyJTJiRWxsaXMlMmJTb3V0aGJyaW…

Click on Birdseye view an zoom in as much as you can... seems pretty self explanatory
0 votes
Kevin Vitali, Agent, Tewksbury, MA
Mon Jan 9, 2012
Not sure what makes you think the driveway is on someone else's property. I looked at the MLS list sheet and also bing maps. Looking at bing maps the driveway appears to be totally on their own property. The driveway starts on the left and sweeps around the front and enters in what looks like to be the front right corner of the property.

Given the home sits on four acres that would be odd. With that said, it is possible to for their to be an easement for a driveway to cross someone else property. That is not uncommon for that to happen, but seems unlikely looking at the data.
0 votes
Heidi Zizza, Agent, Framingham, MA
Mon Jan 9, 2012
who says it's someone elses property? It can also be a driveway easement or many different things. There is nothing here or in the listing that indicates the driveway is on any land other than its own.
0 votes
Andrew Adams, , 01915
Mon Jan 9, 2012
Heath,

It's great that you know how to use MLS. Do you see anything on the listing sheet that indicates the property is on someone else's property?
0 votes
Heath Coker, Agent, Falmouth, MA
Mon Jan 9, 2012
You might want to ask this question of the actual listing agent. Her name is RE/MAX Prof Associates (508) 347-9595 List Agent: Kim Oakes. Give her a call and ask.

Other than that, sometimes buildings or driveways encroach across property lines. It is most often handled by title insurance companies and lawyer clauses.
0 votes
Andrew Adams, , 01915
Mon Jan 9, 2012
What makes you say the Driveway is on someone else's property?
0 votes
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