Cleveland, TN asked in Land Use & Zoning and Real Estate Law for Tennessee

Q: If a piece of property was given to the prior owners of a lot does the property line shift to the original distance?

The previous owners of my property gave 1 foot of the property to the previous owner of our neighbors property. The new owners of that property are now claiming the property line shifted an extra 2 feet off the "new driveway slab" they however put the backyard fence on the original property line. Now that we are not on speaking terms they want to move the backyard fence into our property. The county has the original property lines on file & none of this was disclosed when we bought the home.

1 Lawyer Answer
Anthony M. Avery
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Answered
  • Real Estate Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: You have not stated how the gift of 1 foot was made nor how long ago. These questions must be answered and will determine wheter you have Acquiesed to the new asserted boundary line your neighbors are claiming. More than likely both sides have Acquiesed to the Fence as is.

A suit to Determine a Boundary Line and Trespass may be your only alternatives.

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