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Unsurveyed Right-of-Way in New Brunswick

On Lawyer & Legal » Real Estate & Property Law

4,964 words with 7 Comments; publish: Sun, 10 Jun 2007 04:57:00 GMT; (80078.13, « »)

Bought property in NB with common beach (10 families have ROW) One family has 2nd ROW directly from their property to beach. When purchased told by past owner and surveryor where beach was and same access road has been used for years to beach.

Built a home on a section away from the common beach but, now the one family with 2nd ROW says we have built on the beach and want the house ripped down. Deed says" beach area" and the one family say the beach is above and below(actual beach), a bank where there was grassy path and trees

Deed is vague saying the beach is located at the "termination of the ROW" it is not surveyed. Access road or ROW shows the road stopping before the water on surveyed document but one family claims the ROW turns left towards the our house, they have old hand drawn maps of this from past owner who died 20 years ago and these proposals died with him. The 2nd ROW is a foot path the family created themselves and is not surveyed. Can our new house be removed? Are old hand drawn documents that have now appeared legally binding?

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    • from your PM ICB, it sounds as if this has already gone before a court and the decision has been made the house is acceptable where it stands. Not sure where things stand if a court has already denied their claim.

      The only thing I see is the neighbors claim to a prescriptive easement to properties they accessed for a lengthy time unabated.

      Now the other biggie here I gleaned from your PM is that this may be in Canada and not New Jersey. If that is the case, Canadian law will control and I have absolutely no knowledge of Canadian laws.

      so, are you a Canuck or from Joisy?

      #1; Sat, 16 Jun 2007 12:47:00 GMT
    • sounds like it's time for everybody to get their property surveyed and then head on down to the courthouse and let a judge make the decision.

      what is legally binding is what the deeds state and any claims of prescriptive easement or adverse possession.

      everybody neeeds to know where their stuff ends and the neighbors stuff starts. From the sound of it, it is already beyond a friendly sit down amongst those concerned.

      #2; Sun, 10 Jun 2007 15:20:00 GMT
    • I would venture that the reference is to the Canadian Province of New Brunswick, not the New Jersey city.
      #3; Sat, 16 Jun 2007 12:55:00 GMT
    • Hello, Yes we are Canucks....the provincial assessment and appeal board were in our favor and allowed the building permit...hence the house was built. The neighbors are now taking us to civil court to have the house removed "easement beach area". We don't believe that we are on easement land and that the beach area exists to the north of us....they have not had continual use of the land for 20 years. Nowhere in any documentation does it state that the land for easement or remaining land can't be built upon. The neighbors say the past owner told them verbally years ago that no one would build infront of them to block their view....he is now deceased. The land was for sale for 2 years for anyone to purchase.

      Are the unsurveyed and unregistered property plans valid? Can they be used in court against us when we had no knowledge of them at the time of purchase or any of these conversations from way back when with the past owner?

      #4; Sat, 16 Jun 2007 17:29:00 GMT
    • Hello

      We are in a dispute with neighbors over location of ROW and common beach for about 4 years now (their opinion of location has changed in the last 4 years as well as their affidavits)

      It started in May 2003, with continual harassment from these neighbors, they brought action against us concerning the ROW's, we then brought action against them for nusiance, personal injury, defamtion filed in Aug 2003. After several incidents with the police involved they were finally charged in Oct2004with criminal harassment, found guilty and sentenced in Oct 2005.

      Currently we are in discovery for both suits and representing ourselves, their lawyer has informed us that we will not be allowed to bring any evidence from their criminal charges to use in our civil nusiance suit because it is past the date of the action (Aug 2003).

      Can we enter this criminal evidence? If we can't enter it at this time is there another way to get it into the trial?

      This has continued and we have had to move and rent our new home for sanity purposes!!

      #5; Wed, 20 Jun 2007 05:33:00 GMT
    • Quoting
      I would venture that the reference is to the Canadian Province of New Brunswick, not the New Jersey city.
      That is what I suspect, especially after a PM in which OP refferenced "province". That is the reason for the inclusion of that statement.

      So, Aaron, you impress me from time to time with your knowledge of and access to Canadian law. Any ideas for acb?

      #6; Sat, 16 Jun 2007 14:15:00 GMT
    • Saying they want it torn down is one thing, what have they actually done?
      #7; Sun, 10 Jun 2007 14:45:00 GMT