Q: 15 years later can a neighbor ask for 1.3 feet of property back that my fence has been on. Can we use adverse poss?
Fence was on property 15 yrs ago when purchased. Now neighbor claims he never knew we had 1 foot of his property and wants our fence removed that we did not even put up. Previous owners put the fence up with the neighbors acknowledgement
A: Sorry, but your question is too complicated to answer in this limited format without extensive addition information. Adverse possession requires 20 years, but in some situations, one can acquire a "defensive" title after only seven years. The actions of the previous owners are very important, and those could determine the outcome of the whole dispute. It seems unlikely that this one foot warrants the time and expense of a lawsuit, and its even less likely that a Judge would require the fence to be removed since it has been in place so long. Of course, many times these facts are in dispute, so again, its crucial to get the history of the whole thing pinned down- ( often people can't remember things that happed 15 years ago). Get the full background and then consult an experienced lawyer.
Anthony M. Avery agrees with this answer
A: Such boundary line encroachments are usually controlled by the law of Acquiescence. This visible and physical line (the fence) will be difficult to defeat in a Tennessee Court. I would recommend a boundary line agreement between the two adjacent titled owners acknowledging the present fence as the boundary, which should be recorded at the Register of Deeds. Otherwise both of your properties have serious clouds on your titles.
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