Q: I have lived in my house for 10 years. Now the neighbor behind me is saying the fence is on 2ft of his property.
He says he will take fence down and I have to pay to put one up. This includes 5 other homes on the block. Don't I own the property since I have maintained it? He is just now saying something.
A:
Unfortunately no. You would need to have 15 years of maintenance to assert an action for adverse possession. The statutory period for acquiescence is also 15 years, and just like adverse possession, the acquiescence of predecessors in title can be tacked in order to establish the 15 year period . MCL 600.5801
The rule of acquiescence promotes the peaceful resolution of boundary disputes because the use of the property over time does not have to be open and 'hostile." Acquiescence “requires merely a showing that the parties acquiesced in the line and treated the line as the boundary for the statutory period, irrespective of whether there was a bona fide controversy regarding the boundary.
I would suggest that you obtain a survey of the property before you continue with any dispute.
See www.ProvenResource.com
Anthony M. Avery agrees with this answer
A: You should contact a real property attorney, a fence standing for 10 years alone, is not generally sufficient, but there are exceptions and circumstances that can expand on the general rule. Additionally, if you purchased the home with the fence standing, it's possible 15 years has indeed lapsed.
1 user found this answer helpful
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