Q: Neighbor's fence on my land claimed through adverse possession - what legal actions can I take?
In the past couple of years, I built a house and discovered that my neighbor has placed a fence on my property. We have a survey confirming the fence is on our land, and the neighbor acknowledges this but claims that because the fence has been there for 20 years, he owns the land through adverse possession. He refuses to move it. What can we do to resolve this issue legally?
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A: Hire an AR attorney to search both adjoining properties' titles. Investigate how long the fence has been there, but it sounds like it has been acquiesced as the boundary, regardless of a common boundary in the legal descriptions. A boundary survey might be needed. If the situation is as bad as it looks you might try to place the boundary were you think it should be to an extent. But you probably need a recorded boundary line agreement which clears the titles on both properties. If no contract, then file suit for a boundary dispute, but it does not look good for you.
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