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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.