First, for adverse possession, you have to have “open and notorious” possession of the land you are seeking. In other words, you need to be occupying her land with public knowledge and without her consent. If there is a bona fide question where the common line is, then you can’t make the claim since you have no way to know for sure if you are actually in possession of her land.
With regard to the surveyors, two different surveyors can quite often present differing opinions of where property lines are. All a surveyor can do is offer an opinion of where the lines are BASED ON EVIDENCE collected in the field. IF there is a conflict, that is where the legal system kicks in. Only a judge can determine where the line truly lies and he/she would use the conflicting surveys as evidence to make a decision.
Unless the surveyors are both grossly negligent, which is doubtful although possible, or not performing up to minimum standards (if any) the State boards don’t really have anything to do with anything.
The bottom line here is that you need to go legal on her to get this resolved. The real drag here is that it is a long and expensive battle with a wacko neighbor. You will need to hire a highly experienced attorney with both litigation and real estate experience.
Adverse possession and 28 year old fence - Posted by Wanda White
Posted by Wanda White on January 19, 2006 at 20:26:46:
The property which I have my house on was purchased in 1988. It had a fence erected on it in 1977.
How would I go about “claiming adverse possession” on the area my fence in on to solve a property line dispute of about two feet.
Three surveryors have not solved the problem.
Also is it legal for that property owner to remove that fence because of what her surveyor reported. My surveyor reported two feet different which makes a big diffence on the fence position.
I live in West Virginia.
What is the Adverse Possession Law in W. Virginia? It’s possible that you can claim the disputed property depending on W. Virginia Law. A relative if mine in GA. lost 25 acres of farmland because his neighbor had his fence over the property line for several years.
Re: Adverse possession and 28 year old fence - Posted by Wanda White
Posted by Wanda White on January 20, 2006 at 08:08:44:
I was told by an attorney that it is 10 years. I am just not sure how to go about claiming it. Do I need an attorney or can I do it myself? Plus the fact this neighbor is threatening me with time limits that they will remove my fence.
I just hate to call an attorney on the phone as it is their business by which they make their living not some toll free hot line to help me.
So does anyone know how to go about this?
Thank you
Wanda White
Many attorneys w/give you a free 30 min consulation to see if they can help you. It is part of their marketing plan. I’d want to research the atty, though, to make sure he/she has experience in this type of problem.
Are you sure you want to do this route to ensure a continuing negative relationship w/your neighbor? Mediation might be appropriate, & likely cheaper. Certainly you should learn who legally prevails when 2 surveyors disagree. You may be covered by title insurance. You do need to resolve this for your future sale, but find out all the facts before choosing your method of resolution.
Re: Adverse possession and 28 year old fence - Posted by Wanda White
Posted by Wanda White on January 20, 2006 at 18:22:57:
I have contacted an attorney but the one I want is very busy. He is also very acquainted with this lady’s attorney.
As far as the negative relationship, she has abused me and my husband since we moved here in 1986. I could write a book, anywhere from hitting my fence with her car to driving thru my trash, pulling a gun on our 16 year old son, trying to hit us with her vehicle while we were out walking, and the list goes on. I have seriously thought about going further with the abuse case but I simply don’t want to have any contact with her. I have told her not to even talk to us. I have documented all she has done with video and police reports over the years and never used it against her.She will not stop regardless of the position of the fence.
She wants me to move this fence and then the next thing will be she wants me to tear down my garage which will be only a foot from the fence line. She absolutely will not stop with a simply fence move that is not in her plan.
So who does prevail when surveyors can’t agree. There always has been a hard time identifying the points in this neighbor, the last survey was done from an interstate a quarter mile down the road. This recent survey she had done he doesn’t even have the owners names right on the adjoining properties, he went off of her first surveyors pegs, couldn’t find mine as she tore them out the day after my surveyor put them in. So what do I do now? Why would her attorney think my surveyor was wrong? I don’t get it.
The only choice I could see is that I need to maintain my fence line and if necessary I will get a restraining order on her if she continues to harass me BUT I have to resolve this old fence line problem so How do I go about claiming “adverse possession.” That is what I have to do. Can I do it myself, is there something to file at the court house?
I have contacted an attourney and they are to call me back next week. I am sure she is serving me with papers to move my fence because I received a notification that I have a certified letter waiting for me.
I need to do something immediately, like next week.
All I can say is she is lucky it is me living here and not someone else because they would not put up with her.
I want to do this quickly and legally.
Any help and information would be appreciated.
Re: Adverse possession and 28 year old fence - Posted by Brian (UT)
Posted by Brian (UT) on January 21, 2006 at 13:45:03:
Wanda
Call both surveyors and have them get together and come up with the lines together. These guys are licensed aren’t they, contact the licensing authority and see what they suggest and can do, and if they belong to any professional assoiciation contact them too.
Brian
P.S. Quit being so nice, she knows she has you whipped.