Dardanelle, AR asked in Real Estate Law and Land Use & Zoning for Arkansas

Q: How can we force a person to move the mobile homes that are across property line on property we own in Arkansas?

We have recently purchased land next to our home. The owner of the adjoining land has 2 mobile homes which extend way over the property line onto our property. We would like for the mobile homes to be moved over off of our property so we can erect a fence. We have a survey and the corners are marked. Though one of the mobile homes is vacant at this time..the other homes located at this adjoining property are tenant occupied so we need a definite boundary to keep others off the property belong to us. What are our legal rights to getting the mobile homes removed from our property. We do not wish to cause inconvenience to the tenants but would like to enjoy the property we paid for. A polite discussion has already been attempted with the property owner and is no longer possible. Any help is appreciated.

1 Lawyer Answer
Anthony M. Avery
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  • Real Estate Law Lawyer
  • Knoxville, TN

A: You have a boundary dispute, which should have been discovered prior to the deed execution by a survey and looking at what you bought. If you received a warranty deed you may have a claim against the grantors , who need to be notified now. Hire a competent AR lawyer to search both titles, and possibly draft a Boundary Dispute Action, which may also include Ejectment, Trespass and Quiet Title. Not putting the new survey in your legal description may have been a terrible mistake, so if a correction deed is possible, record one. Why did you just now get a survey? Hopefully you and your predecessors in title have not already acquiesced to an ascertainable boundary, or busted SOLs. If you bought owners' title insurance, you might make a claim but it is doubtful. Start identifying witnesses in the area as to the boundary.

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