Q: Where does the fence belong per the law?
A 2015 survey showed an encroached fence by 5 ft in a subdivision built in 2002 (original fence built in 2002). The encroached property (Neighbor A) was purchased on 2013 with new owners finding out of encroachment soon after purchase. 2013 survey shows the same encroachment as 2015 survey. Survey were done by two separate companies. Neighboring properties (Neighbor B & C) have sprinklers and/or small vegetation on encroached land, per survey is not their land. Neighbor B & C want to keep fence were it is. Neighbor A wants fence on property line per survey. Where does the fence belong?
A: The answer depends on whether, under the law in your jurisdiction, adverse possession can be asserted even though the owner is aware that that owner's improvements (a fence, in this case) are encroaching upon the neighbor's property. In most jurisdictions, adverse possession doesn't apply under these circumstances, and the new owners would not prevail.
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