Neighbor has 30 days to move his fence after resident discovers it's 2 feet over the property line: 'This is turning into a whole legal battle over 2 feet of property'

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  • Pink-petaled flowers bloom near a white picket fence.
  • "Neighbor put up a fence that's 2 feet onto my property and refuses to move it"

    I had my property surveyed last month for unrelated reasons. The survey showed that my neighbor's fence is 2 feet onto my property.
  • The fence has been there for about 5 years - it was there when I moved in 3 years ago.
  • I always assumed it was on the property line. It's not. I showed my neighbor the survey and asked him to move the fence to the actual property line.
  • He said the fence has been there 5 years so it's his now through "squatter's rights." I said that's not how property law works and showed him the official survey.
  • He said surveys are "just estimates" and his fence is staying where it is. I contacted a lawyer who sent him a letter demanding he move the fence within 30 days.
  • He responded saying he's claiming adverse possession. My lawyer said adverse possession requires 10 years in our state and the fence has only been there 5, so he has no claim.
  • We sent another letter with this information. Neighbor hired his own lawyer who's arguing that the previous owner should count toward the 10 years.
  • My lawyer says that's not how it works either since I'm the one contesting it now.
  • This is turning into a whole legal battle over 2 feet of property. My lawyer says we'll win but it's costing me thousands in legal fees.
  • Meanwhile the neighbor acts like nothing is wrong and waves at me like we're friends. The audacity of stealing my property then being friendly about it!
  • A man covers his mouth in frustration.
  • Childless_Catlady42 Contact your title search company. If they signed off on the property without checking fence lines, this is their problem to fix.
  • Bitter_Wealth_5445 Original Poster's Reply That actually makes sense. That angle never came into my mind. I'll quickly check my paperwork and see who managed the title search. Thank you
  • Macaron4277 My friend just went through this. Keep going. She got her legal fees paid for plus $$$$$ for encroachment and the fence moved.
  • Bitter_Wealth_5445 Original Poster's Reply Well that's my plan tbh. My lawyer already informed me to after fees once it's all done. And i will definitely not touch the fence until it's resolved legally
  • UnhappySort5871 When I had to deal with something like this, title company was no help. Needed lawyer.
  • Fearless-Freedom-479 Fence is on your property just take it down.
  • vt2022cam Adverse possession would require that he not only did so openly, but that he pad taxes on the extra land. Usually it is anywhere from 10-20 years in the US, not five years.
  • Mycroft_xxx Just tear it down? Step 1). Mark the property boundary clearly. Maybe have the surveyor do that Step 2). Put a new fence along the property line, even if it's cheap construction mesh Step 3). Clear anything in your property
  • MW240z Ignore this, it's Al slop. New account, no responses, lopsided story...
  • YankeeDog2525 I don't think this is a title search issue. They don't check property line. Just who owns the property.

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