Legal Question in Real Estate Law in Massachusetts
I own a piece of land and am trying to build a house, after perk and engineering we were prepared to dig and strart, called dig-safe and was informed national grid has an 8" gas main running 250 ft of frontage encroaching up to 8ft. into my property. I first went to registry found no easements on record, called nat. grid they took 4-weeks and offered me 5000.00 for easement. when I told them that there pipe made my land un usable that I just wanted pipe moved, they told me to sue them.
help if you can.
2 Answers from Attorneys
The issues involved require some very careful investigation and a better understanding of the problem created by the pipe.
Two questions:
1. Did you obtain owner's title insurance? if so, you may have a claim against the title insurance company with respect to the pipe's encroachment.
2. Why does the position of the pipe prevent the construction of the home?
I suggest you contact an attorney and bring all the relevant information to him so that he can determine what is the appropriate action to take on your behalf.
I would be interested to know the type of property you own, whether it is registered or recorded land. I would also be interested to know whether you had any advance notice at all of the pipe under your lot.
I would be more than happy to discuss this issue with you.
Jonas Jacobson
Massachusetts Real Estate Litigation
617-230-2779
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