Full question:
my neighbor has a 12 foot easement on my property to push the snow on in the winter. we put up a fence accidently 9 feet from the edge of the property instead of 12 feet. if the neighbor damages the fence by pushing snow into it, is the neighbor responsible for paying to fix the fence if they damage it.. or no because it's my fault for having the fence put up on the easement?
- Category: Real Property
- Subcategory: Easements
- Date:
- State: Massachusetts
Answer:
An encroachment occurs when a structure or land use intrudes into an easement area against the agreement. If a landowner places a structure, like a fence, within the easement without permission, they may be responsible for any resulting damages or removal costs.
The neighbor, who holds the easement, is not liable for damages to improvements that are improperly located within the easement area. Therefore, if your fence is within the 12-foot easement and is damaged by the neighbor's snow removal, they are not responsible for fixing it because the fence was placed there in violation of the easement terms.
In summary, you would bear the costs for any damages to the fence or its removal due to the neighbor's use of the easement.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.