My question involves real estate located in the State of: New Jersey
Our stretch of homes were built into a hill and therefore all of the homes have retaining walls in the backyard. Our retaining wall extends across our yard, crosses 9 feet into the neighbor's yard, stops at large boulders and then picks up again on the other side of the boulders into the remainder of his yard.
In the 11+ years we have lived here, we have always considered this wall a shared wall: The 9 feet on the neighbor's property owned by the neighbor and the part on our property owned by us. The same thought process was in place for the 2 owners before us and the neighbor agrees. We are trying to sell our home and the buyer is claiming that the wall is not co-owned but is instead our wall and is encroaching onto the neighbor's property.
My attorney and title company tell us that it is co-owned and no paperwork is required, but the buyer's attorney says it is an encroachment and requires an easement. I could use another opinion.
Our stretch of homes were built into a hill and therefore all of the homes have retaining walls in the backyard. Our retaining wall extends across our yard, crosses 9 feet into the neighbor's yard, stops at large boulders and then picks up again on the other side of the boulders into the remainder of his yard.
In the 11+ years we have lived here, we have always considered this wall a shared wall: The 9 feet on the neighbor's property owned by the neighbor and the part on our property owned by us. The same thought process was in place for the 2 owners before us and the neighbor agrees. We are trying to sell our home and the buyer is claiming that the wall is not co-owned but is instead our wall and is encroaching onto the neighbor's property.
My attorney and title company tell us that it is co-owned and no paperwork is required, but the buyer's attorney says it is an encroachment and requires an easement. I could use another opinion.
Boundary Agreements: An Encroachment or Co-Owned
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