What re my rights if my new neighbor says that the property line between us is wrong?
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What re my rights if my new neighbor says that the property line between us is wrong?
I was told this was my property line when I bought the property 19 years ago and the previous owner even helped us put up a fence separating the 2 properties. If he does not agree, can he be forced to pay for a survey? And if he is right after the survey, can I file to claim adverse possession of the land that we believe to be ours? I don’t feel I should have to pay for the survey when he is the one disputing the line.
Asked on October 4, 2015 under Real Estate Law, Minnesota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
1 You certainly do not have to pay for the survey...if he wants to do something about the situation, he is welcome to pay for the survey himself. If the survey comes back contrary to your interests, however, you may wish to then get your own survey, to double check its results and also to assuming it is favorable use in court if necessary.
But to get back to the basic point he can't make you get a survey, but can certainly pay for his own.
2 Even if the neighbor's survey comes back contrary to you, you still don't need to do anything unless he sues you court and wins, getting a court judgment fixing the boundary line. If you may go to court, that's why you'd want your own survey, to have evidence in your favor.
3 As to adverse possession based on what you write, you seem to meet most of the requirements for adverse possession in your state, except that you must be adversely possessing the land for 21 years, not 19, before having a claim.
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