A confusing Situation
A confusing Situation
Hello, I am in NJ and have a situation I was wondering I could get some advice on. It’s somewhat a long story.
In 2015, my husband and I purchased an older home in NJ. This home is a duplex and was built in 1860. We closed on the home and had asked for a survey to be done before closing, around January. We closed on February 15th. Through my own insistence on getting a copy of the survey with my attorney at the time, I came to find out that the survey had been delayed, until March 12th because of weather (snow). This property does not have parking and parking is not allowed in the district because the roads do not allow for it. For the longest time, we parked on the side of the house which is technically on the property and also on a neighbors property that was a large parcel that had an abandoned building on it.
This building and lot (the abandoned one) was up for sale in 2017 and I asked to purchase some of the land so that we could park solely on our property. Because of the subdivision restrictions of the town and, I believe, the lack of buyers, that opportunity did not come to pass.
Fast forward to today. A person purchased the property in 2018 and alerted me to the fact that we were parking on his property etc. He was nice enough to let us continue parking there. I asked him for purchasing the required land, but he said it wouldn’t be possible because he would like to improve the lot, put in townhouses, single family homes, and restore an old historic building for commercial use. He instead told me he would be willing to deed to me spots for parking in perpetuity.
His proposal, which came in about a year later in August of 2019, amounted to 32,000 for four parking spots, and half of my backyard, which he claims, is actually his from an old survey done years ago. I flat out refused the proposal because I thought it was ridiculous. Instead, I decided to build a somewhat narrow driveway leading to the back, and take half the backyard as a parking lot for vehicles; not ideal but the best that could be done given the situation.
The town asked for a final survey to be done on the property because of the nature of the property and the narrowness of the proposed driveway. I obliged and contacted a company. They asked for a copy of the original survey done when I bought the property and I sent it to them. This survey company came to tell me that the dimensions stated on the deed, and the survey done when I bought the property do not match, and the discrepancy is to the tune of 2,000 square feet in my favor, 30 feet more in the back yard, and I believe 8 more feet on one side. This 8 feet would now be full on where this new neighbor wished to build his parking spots.
I have attached the survey done in 2015 and the deed dimensions.
My question is this:
What is my recourse here? I just want to have parking for my tenants. I don’t want to cause an issue with the neighbor who is improving the abandoned lot, but I also want to know if I’m entitled to compensation if I bought a property that was 2000 square feet larger than I thought. I am in contact with the title agency as well to try and get the chain of title to see where a discrepancy could lie. As far back as 1996, the deed has the same dimensions. However, the deed for the adjacent lot owned by the neighbor has a deed in 1980 that has dimensions in line to what my property was surveyed as. Which is correct? Do I have to go back further in time to see?
I’m sorry this was such a long post, I want some semblance of an idea of what is possible as I look for an attorney.
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