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I have a boundary dispute. can i get my land back after 18 years?
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I have a boundary dispute. can i get my land back after 18 years?

my fence separates our drives. i have discovered that the land registry document shows i own half the shared drive rather than the third i have now.can i take the fence down and stop my neighbour putting up another in the same place or after 18 years is he right to claim the land as his. the fence stops me having proper acess to may garage as th drive is really narrow.everyone else in the street has half each and no fences to worry about. the fence was originally put up by the previous owner and he says it was his fence and he put it all on his side when he fell out with next door. it was the builder who said the drives were how they are based on his plans, but they dont tally with the deeds which show half and half.please help.


    




true blue
Rating
You need to have a survey done of your property. That will provide legal proof of where your land ends and your neighbor's begins.


louise
is the fence your property? if so you are entitled to take it down, if not you need to call your local council for advice. Deeds are very rarely wrong and you are entitled to your land!


?
if ur deeds state the land is urs then u have every right to claim ur land back, just be careful it doesnt cause world war 3 with ur neighbours as this is not nice to have to live with


David M
I almost didn't answer this because you had a lot of good answers. However, I noted some answerers said it was adverse possession and the time limit was 20 years. I would urge you to check with a local atty. The period in my state is 10 years. Other states have 7 years. This is also not an adverse possession claim. This is "boundary by acquiescence." That doctrine requires a certain numbers of years to pass--like the others said--but the second element to the boundary by acquiescence doctrine is that both property owners have recognized the fence as the boundary line.


Faerie loue
This needs a legal arbitrator with the results of a qualified licensed surveyor in front of him; to reach a decision based on the division of land according to the described measurements on the deed of each homes property. You could provide 3 surveys and let the arbitrator guide you to a fair decision. If you can't come to equitable or satisfactory agreement then civil court is your only recourse.


JOHN F
18 years dispute you as an english man owe us irish 800 years rent as always 3 inches is a foot in ireland sad saCK


ornery and mean
This is one reason you should always demand a new survey when buying property! As it stands ... check with a lawyer specializing in proprty rights to be sure ... but you might just be SCREWED! "Squaters rights" may be enforceable in this case ... your neighbor might LEGALLY own the land now. If that is the case ... do make sure that you are not paying taxes on the land you do not have access to! Let the neighbor have the land, and the tax bill!

18 years, and you are just questioning it now? You ain't exactly the sharpest knife in the drawer ... are you?


Butt
Rating
Show the deeds and ask your neighbour to remove the fence.If
he refuses.Tell him you will see him in court and for him to expect to pay your costs.If you have it in your deeds.You have the law on your side.


tmlamora1
Rating
Man, go get a lawyer that deals in real estate law..you're going to leave it up to what you read here?
Sheesh.


kmnmiamisax
yeah, adverse possession is usually 20 years, so the neighbor couldn't claim it as his for another 2 years... and there's other requirements for it to become his, but it doesn't matter since it has only been 18 years. Yes, you have a right to the land that it says you have in your deed. Even if it had been 20 years, you would probably be entitled to the land because adverse possession usually requires actual knowledge of a small encroachment (as opposed to something you should have known just because the other guy was using it).

I think you should talk to your neighbor and show him the deed and everything and ask him to move the fence. And if he doesn't, you can probably take it down. Then if you have to go to court, you should win if all of these facts are true.

note: the difference between your case and the case in the answer above mine is that yours was only 18 years and the other answer was 23. 23 is long enough. 18 is not.


citronge69
If you need legal advice, try the site below and watch the online movie presentation. Hope this helps.


Tony
First of all if the fence is yours take it down as you wish to,your neighbour has no say in this.
Get legal advice immediately on what your rights to your land is,explain that your neighboour is trying to lay claim to your land.
You also need to get a surveyor in who deals with land boundaries,you will have to pay for this but its not to expensive.
This will once and for all tell you where your boundary line is,and he also may give you advice on your situation.
You are concerned that your neighbour will just put another fence in place of the one you remove.
This is possible but will cost him several hundred pounds,and he may think twice if there is a posibility he will have to remove it.
To be honest it seems your neighbour makes a habit of upsetting his neighbours,and a dose of it back might knock some sense into the a**hole.
Try and speak to your neighbour,tell him you are removing the fence as it is difficult to get access to your garage.
If he argues with you and refuses to be decent about the matter ,be prepared to get tough.
Tell him he has had easy access to his garage all these years ,and your not going to struggle any longer at his expense.
Tell him as far as your concerned the land is yours and if he thinks hes going to steal it he is sadly mistaken.
Tell him you have already took legal advice and its not looking to good for him if he continues to impeach on your land.
Tell him if he puts anything on your land until the matter is resolved it will be removed by force if need be.
Tell him you would rather be decent about it and just have the land that is rightfully yours,without the fuss.
But if he is bent on making an issue over this you will make sure everyone in the area knows he's a trouble making thief.
Tell him you will make sure his name goes in the local paper,as the neighbour who is trying to steal others land.
Tell him by the time your finished with him not only will he not get your land ,but he'll be lucky if anyone will speak to him.
Tell him you would rather be decent about it but are more than happy to play dirty if thats what he wants.

But do get advice and do get a survey as quickly as possible,as this will give you ammo on the neighbour if he makes an issue of it.And get that fence down ,dont wait any longer to get your own land back.

GOOD LUCK.


strike_eagle29
Rating
YOU HAD BETTER CONSULT A PROPERTY LAWYER. I THINK THAT AFTER 7 YEARS YOU ARE GOING TO HAVE A PROBLEM. BUT ALL STATES HAVE DIFFERENT LAWS CONCERNING SQUATTING RIGHTS.


mrssandii1982
Rating
in a simialr situation, my fathers driveway is actually council property, however he has used it as a driveway and maintained it for 23 years, for example he has paved it, weeded it, fenced it is, cut the grass around it.
He claimed "squatters rights" and now the driveway is legally his.
I should imagine that your neighbour may be able to do a similar thing if he has mainted the land.
Sorry!


us veteran
IN SOME STATES IF YOU HAVE NOT FILED A LEGAL CLAIM AFTER 7 YEARS THE PERSON COULD OWN IT. YOU NEED A REAL ESTATE LAWYER. AND FILE AN INJUCTION OF USE


jinx
Rating
i think that you can not claim it back after so many years think it has to be under 9 years no sure but go and see you solicitor anyway





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