Cleveland, MS asked in Land Use & Zoning for Mississippi

Q: Can a neighbor claim adverse possession of my property if I built a fence several feet inside the property line?

I have a survey 7 months old, by a licensed surveyer which shows my actual property line, with metal rods located in the 4 corners. We erected the fence and it doesn't enclose a yard, it was privacy between the 2 yards. The fence does not go all the way to the street. There is clearly a straight line between the 2 corner markers and a 20+ year old tree. The fence is 2 or 3 feet inside my line. Now my neighbor is claiming adverse posession, stating that half of the fence is his, and the property on his side of the fence is also his. I have clear documents that claim otherwise, and since the neighbor did not put up the fence (it was put up long before he purchased the property), I had no claim of encroachment. I should also state that these are small lots and lots of trees, no grass to cut, no real "maintenance" needed, and he doesn't live in the property. He rents it to weekenders who want to fish on the lake. He is threatening legal action.

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1 Lawyer Answer
Charles Snyderman
Charles Snyderman
  • Real Estate Law Lawyer
  • Wilmington, DE

A: The answer to your question is "no." Here's a link to a case that discusses adverse possession.

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