Purchasing Land with Neighbor Encroaching

How long has tghe fence been there? any way of actually knowing?

Not legal advice(so Barrister doesn't jump my arse)-

If I recall correctly (which I may not), one can acquire land via acquisitive prescription based upon possession of the land for either 30 or 15 years. For 15 year prescription to attach, the neighbor needs to have a "just title" or at least title he believes to be just - i.e. he has paper that says it is his, even if it isn't, the paper is properly filed etc. This would most commonly be by mistake of a survey, bought from someone who did not have title but thought they did b/c they bought from an heir, but turns out the heir didn't have right to sell, etc.

For 30 year to attach, they just need possession of it and to maintain it. So, if they put up the fence 35 years ago, cut the grass and pay the taxes on it, it may be theirs now.

ETA - if they do not have a facially valid title or haven't had it for 30 years, tell them to move their fence.

Thanks. That's the way I understood it, but wanted to check with someone who may have experienced it. I'm going to go check the property this evening to see to what extreme the encroachment length is.

The last thing I wanted was to get tied up in court over this or pay for an amount of property that is not accurate.

According to a surveyor I contacted, it is 15 if they have the documentation or plat. 30 years if they have just been squatting.

Buy it and get it fixed.

Neighbor may not like it, but if he/she is reasonable, they make do. It is what it is and a title transfer is a great time to say "hey, this just showed up and I'd like to get it done right."

Clearely, you should get a bulldozer and destroy the fence. Then pound on his front door and loudly demand to "get to the bottom of this".

Seriously though, it all depends on how interested said neighbor is in keeping the fenceline and how interested you are in moving it back.

Do plenty of research ahead of time, and establish how much it will cost you to lawyer up. Then see if he'll sign a quitclaim for less than that.

The last thing i want is a 3 year headache. I'm still in the early days of the purchase process and have plenty of time to walk away. The more research i do the more i feel i should just let someone else deal with it.

The survey plat given to me at the time i placed the offer was not the correct one and the encroachment issue was mentioned just after the offer was made.... Getting railed by the neighbor, realtor, and a lawyer/judge if i go through with this it sounds. May need to just keep shopping.

quote:

---

If I recall correctly (which I may not), one can acquire land via acquisitive prescription based upon possession of the land for either 30 or 15 years.

---

I know someone that fought this. They encroahed for a good 40 years and Lost.

A survey is a survey. If the other landowner that has the fence on your's to be, they will have to move it at there expence. They can fight the "new' survey line though at there expence.

I would go talk to the people first, but yet sign a buyers agreement before hand stating the problem and able to void it if you have to fight it.

Oh, I'm not a blood sucker and this is NOT legal advice.

Another issue to contend with is the neighboring property with the encroaching fence a relative of the person selling the property?

This could open up a whole can of worms. The boundary may have been stipulated to the fence line in a the succession. They may have paper work stating they actually own that piece of land....