Posted on: 03rd Sep, 2009 05:51 pm
Hi,
My husband and I just bought a property with the knowledge that the neighbors fence was encroaching into our lot. We had hoped that we could resolve the issue as soon as we owned the property but, when I went to speak to the neighbor about the issue, she claimed that she has lived with that fence there for over 15 yrs. and that no one has ever said or comented anything about it being in the wrong place. She, also claimed that the fence was put up with permits and inspections. Plus, that if no previous owner had claimed the land before, that after 7 yrs. it was hers. Now, we paid for this land in the total square footage, as we were brought to beleive that it was still all part of the lot. What can I do? Is the that I just paid for mine to claim or is it possession of the neighbors? she does not pay taxes for this lot. we do. Any thoughts?
My husband and I just bought a property with the knowledge that the neighbors fence was encroaching into our lot. We had hoped that we could resolve the issue as soon as we owned the property but, when I went to speak to the neighbor about the issue, she claimed that she has lived with that fence there for over 15 yrs. and that no one has ever said or comented anything about it being in the wrong place. She, also claimed that the fence was put up with permits and inspections. Plus, that if no previous owner had claimed the land before, that after 7 yrs. it was hers. Now, we paid for this land in the total square footage, as we were brought to beleive that it was still all part of the lot. What can I do? Is the that I just paid for mine to claim or is it possession of the neighbors? she does not pay taxes for this lot. we do. Any thoughts?
cb1234me
Welcoem to the forum
Check this link, probably will help
http://www.mortgagefit.com/adverse-possession.html
Good luck and feel free to ask
Welcoem to the forum
Check this link, probably will help
http://www.mortgagefit.com/adverse-possession.html
Good luck and feel free to ask
To cb,
A person can claim adverse possession of a piece of property if he has used the property uninterruptedly for a certain period of time, as specified by law. Since your neighbors used this property for so many years and nobody raised an objection to it, they may have gained a legal right to that portion of the property. However, you ought to discuss this with a real estate attorney. He is the best person to tell you if you have any right to fight it out in court.
A person can claim adverse possession of a piece of property if he has used the property uninterruptedly for a certain period of time, as specified by law. Since your neighbors used this property for so many years and nobody raised an objection to it, they may have gained a legal right to that portion of the property. However, you ought to discuss this with a real estate attorney. He is the best person to tell you if you have any right to fight it out in court.
I havemy a piece of property I have owned going on 24 years and have lived on for for 22 or so years. I bought the fence line. The adjacent property is part of a inheritance battle. Two of six siblings are claiming that the 7/100ths of an acre belongs to their mother's estate even though the 7/100ths of an acre is on my side of my fence, and that fence is most likely 50 to 70 years old. The piece is pie shaped going from 0 to 9 feet and is not buildable due to rough terrain and too close to continuously running creek. Do I have, as I think I have and as my attorney thinks I have, a legitimate adverse possession claim?