Property Line Dispute Boundary Line By Acquiescence?
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Property Line Dispute Boundary Line By Acquiescence?
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I have a bit of a frustrating situation regarding a property line dispute and I'm hoping someone will be able to advise me on. If there's merit I'm open to hiring a lawyer or using mediation services, but am trying to understand if my case would have any merit first.
Here are the details...
About 2 years ago, my wife and I moved into our home. the backyard was already fenced on 3 sides by our fence and one side by our neighbors fence. The fence appeared to be quite old and was in horrible shape, so this past fall she tore it down.
During this time she had the property surveyed and it showed that my shed and the front edge of my fence were around 2 feet over on her property. She at that point specifically told me she didn't really care and built the fence where the previous fence stood.
Now this spring she has begun planting bushes and adding a small decorative fence not along her fence, but on the property line.
Neither of us have lived in our homes for more than 2 1/2 years, do I have a case to have the property line changed due to acquiescence?
If it makes a difference, neither of us know how long the assumed property line was the fence, but the previous owners of the home lived here for the past 15 years.
Any insight on this would be appreciated.
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murigenii
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In my state if a piece of property is being used "as if it were yours" for 10 years with no dispute from the titled owner that property becomes your by adverse possession. A fence is automatically a boundary line if the property owner does not stipulate that it is not. |
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lulu muffin
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So she rebuilt the fence where the old one was and then started putting stuff up on your side of the new fence???? That's bizarre. In my state, if a fence or boundary is put up in a disputed area and stands for 2+ years without the other party tearing it down or disputing it, then it becomes the new property marker. These laws vary from state to state, however. It sounds as if you probably would have a case, because she bought the property with the fence up and there is an assumption when you buy a residence that the fence serves as a property line. That having been said, I am not a lawyer, so my thoughts are based on my own reasoning and experiences, not absolute factual knowledge. |
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Honey
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ask a real estate attorney he will be able to tell you over the phone for free consultation |
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Clayton A
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It can become a problem if either of you try to sell your property.
The new owners and of motgage companies could insist that the property be consistent with they Survey Platt.
Realtors and Title Company people told me they have seen home sales fall through because the property was not consistent with the Survey Platt.
My neighbor tore down a fence and built a new fence a foot over the property line on to my property destroying some of our shrubry.
I sent my neighbor a certified letter advising that the fence was over and asked that the neighbor correct the problem.
I put my copy of the letter with the papers on my house so I would have evidence tht I was aware and made an attept to correct the problem.
My neighbor met with me and had the fence moved back over on the neighbor's property.
Part of the fence is over on city property but the city doesn' know it.
Good Luck |
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