Posted by Brad (OR) on February 19, 2004 at 14:40:41:
In order for your neighbor to attempt to claim the 7 feet, she would have to go to court and attempt an adverse possesion claim. I say attempt because they are extremely difficult to pull off.
From the info you gave, it looks like the lawyer is ASKING you to not move the fence, not TELLING you.
Maybe you could reply to the attorney with a copy of the survey and a request for your neighbor to move the fence to her property.
fence encroachment - Posted by Bonnie
Posted by Bonnie on February 18, 2004 at 11:02:10:
We bought 4 acres for investment and paid for a survey.The property had been neglected, we’ve cleaned it up hauling out junk clearing trees, etc.We had plans to place a nice chainlink fence around it.The neighbor who has 5 acres and 3 horses has a chainlink fence dividing our property, the horses have pushed some of the top railing down and the fence just doesn’t look good.The survey states she is 7 feet on our property, we told her we would pay for a new fence ( safe for the horses).Everything was fine until we receive a letter from a lawyer asking us not to move the fence.We live in Florida, my question if the neighbor has lived there 25 years does that make it her 7 feet? She also paid for a survey because she didn’t believe ours and it stated she was 7 foot over.
Re: fence encroachment - Posted by Eric
Posted by Eric on March 25, 2004 at 17:58:36:
What state are you in? In California it doesn’t matter how long it’s been fenced. Unless they have paid the taxes on the land, they have absolutely no claim of adverse possession. Additionally, in the past weeks, CA Courts have also closed the gaps that might have given them an argument for a prescriptive easement. According to the new case law, that is no longer a viable argumant.