Q: My neighbor is wanting to move their fence in my backyard. They say they own part of my backyard.
I have lived here for 42 years and have maintained the yard. Neighbor says they surveyed, and part of my yard is their property. Is there anything I can do?
A: In order to prevail, you would need to assert a claim for adverse possession. Adverse possession requires a lawsuit showing that your possession of your neighbors property was adverse, notorious, open, continuous, hostile, and exclusive and has occurred for the last 20 years. Many of those requirements are difficult but not impossible. Before you embark on a lawsuit, you should have your land surveyed and have the surveyor put flags on your boundary line so that you know exactly where your property ends and your neighbors property ends. Schedule a free consultation to see if an adverse possession claim is right for you.
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A: Start putting your witnesses together: attorney to search both titles; surveyor to survey only the common boundary; and persons with personal knowledge that you have mowed, cut timber, farmed, hunted, parked vehicles, etc. this part of your property for many years. If he puts fence on your land and you do nothing, you acquiesce to the ascertainable boundary. You must file suit for a Boundary Dispute, or defend your boundaries if he sues you.
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