Legal Advice - Need help w/property line problem

[huntersmky]

If I bought a house 4 years ago with a fence that was put there by the previous owners and it's 6 inches over in the front and a foot over in that back on the neighbors property is there anything I can do? it hasn't come to a head where she says I need to rip it down, but she did in fact state that they knew the fence was over on them when the previous owners built it. I bought the house on good faith that everyone was ok and I wouldn't experience any of these problems.

why should I be punished for a previous owners mistake?

I need advice on this please. Hopefully a dead dog will lay and it will all pass over but I doubt it.

[Seymore]

Don't worry about it until they say move it. Then see how long it's been there before they started screaming for it to be moved. In college I learned about a real estate principal call adverse possession that says if you openly occupy a piece of property for a certain length of time and the owner takes no action to protect their interest, then the adverse possession becomes permanent. Of course that was over 20 years ago and you do need to speak to an attorney if they tell you to move it.

[sunnylab]

they can legally make you move it. you are in a platted out subdivision that has every lot surveyed and recorded in the courthouse.

i wouldn't say anything until they make you move it.

[sunnylab]

also, now that you know about this issue you must disclose to a future buyer all information regarding the fence being on adjoining property. Failure to disclose could have you paying to move the fence even after you have sold the house.

[sunnylab]

however, pending a survey...you really don't know if its actually in the wrong place or not. something to also think about.

never take someone's word on where the property line is. Surveyor will win the arguement every time.

[jwayne]

Six inches to a foot is not worth fighting with a “good” neighbor over. Leave it alone and don’t worry about it. If she asks you to take it down than just do it. If she is a crappy neighbor than tell her that it’s on her property and to take it down herself.

[Bercy]

Them letting you know that they know it's across the line prevents any future adverse possession (unless it has already been adversely possessed).

And if they make you tear it down, build the new on the property line and send them a bill for half of it - old state law requirement.

Otherwise, be nice, don't let your dog dump in their yard or bark all night, and you should be fine.

[sunnylab]

Them letting you know that they know it's across the line prevents any future adverse possession (unless it has already been adversely possessed).

And if they make you tear it down, build the new on the property line and send them a bill for half of it - old state law requirement.
Otherwise, be nice, don't let your dog dump in their yard or bark all night, and you should be fine.

yea, i'd like to see you get them to pay for half. hahaha!!! Even if they did MAKE you move it.

[landscaper]

You could make it real easy on everyone and then just forget about it by offering them a hundred bucks or so for an easement. Have it drawn up and signed and carry on. Even if it took a little more cash than that it would still be cheaper than moving the fence and everyone would be happy and legally protected.

[DUCKAHOLIC]

You will not win it in court..................get a survey, I cant fathom how you purchased it without one

[novacaine]

You will not win it in court..................get a survey, I cant fathom how you purchased it without one

That was the case in the past but now if its in subdivisions/town, some banks don't require it.
There is more to the adverse possession rule than just years and open occupation. The main thing being that it will take a surveyor,lawyer, and judge to go down that road.

Does your neighbor actually have a survey and is it properly monumented. There should be a few iron pipes, pins, or 1/2 inch rebar marking the corners although they could be knocked out or way underground.

I would recommend:
Do some snooping around with a shovel and tape measure to see what is actually out there. Do it at night so neighbor doesn't notice.
If nothing is found to your satifsfaction- hire a surveyor
Always play nice with neighbors.

[huntersmky]

I found the pins yesterday and had the lines surveyed last night. That's how I found out it was over so much. It's been 10 years since the fence was built so wouldn't adverse possession fall into plAy? Thanks for the replies

[huntersmky]

An my neighbor and I hate each other so I'm expecting the worse. Won't take much to move the fence but cutting down and ripping up trees will be a big problem for me

[brandon327]

You will be hard pressed to get an adverse possesion claim. The fence may have been there 10 years but when did the neighbor notice it was over the line. HIRE a surveyor and get it platted. How long is the fence? It may be cheaper in the long run to get that survey and rebuild your fence where it is supposed to be.

[munyoz70]

Six inches to a foot is not worth fighting with a “good” neighbor over.

Depends on whos six inches to a ft is... I told one of my neighbors he shouldnt get offened, then the other one if he likes his life he best stay away with his haha!