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re: Purchasing Land with Neighbor Encroaching
Posted on 1/21/13 at 1:51 pm to StinkBait72
Posted on 1/21/13 at 1:51 pm to StinkBait72
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.
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.
This post was edited on 1/21/13 at 1:53 pm
3
Posted on 1/21/13 at 1:53 pm to BrotherEsau
quote:
So, if they put up the fence 35 years ago, cut the grass and pay the taxes on it, it may be theirs now
Yep. If they use it and the owner knows about it eventually it becomes theirs. For you to own that part of the land the fence has to be moved to the property line. The sooner the better.
Posted on 1/21/13 at 2:03 pm to BrotherEsau
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.
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.
Posted on 1/22/13 at 4:27 am to BrotherEsau
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.
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