What to do about a fence encroachment and a claim of adverse possession?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do about a fence encroachment and a claim of adverse possession?
I bought my home 9 years ago and my neighbors moved in 6 years ago. Both of us were told at our closing that the fence between our house is 8 feet on our property. This fence was in place before each of moved in. The neighbor wants to replace his fence next week. I questioned whether he was going to return it to the proper place and he said no. He said it is his now because we both signed our closing papers excepting the fence. Is this true? Is this land his because they have kept it up over the last few years. We both have surveys showing the error but never wanted to become “those” neighbors. Can I make his return to the correct lines without a lot of cost for lawyers. Who should I start to call?
Asked on September 6, 2012 under Real Estate Law, Indiana
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Under the laws of all states in this coutnry to have a valid claim for adverse possession one or his or her predecessors must have used another's property for five (5) years in an open, hostile manner under claim of right and to the exclusion of the other party while paying the property taxes on the parcel claimed as being owned.
From what I see in your question is no claim of right or payment of property taxes. I suggest that if you want the use of the land you own that you contact a real estate attorney to press the matter and get the property line set as it should to set the fence in the right place per the survey of record. Good fences make good neighbors.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.