Do You Lose Your Place in Line if You Call Again Kaiser

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Apply It or Lose It: Property Owners and Debate Lines

by: Jane M. Myers, Esq.

Skilful fences do not always make good neighbors. A landowner can lose or gain land past a legal concept known as "adverse possession". This is a legal principle whereby state may exist acquired past someone other than the tape possessor if certain conditions exist for a menstruum of x years. There are two basic ways to acquire title by adverse possession: (one) calculation an improvement, such equally a building or planting; or (2) erecting a "substantial enclosure", such as a argue. Additional legal requirements which must be in order to win an adverse possession claim are: possession of the land must be hostile, actual, open, exclusive and continuous. Since it is quite common for fences to vary from actual belongings lines, special attention should exist given if you are acquiring holding with existing fences, as well as if you lot install new fences during the form of your buying. For example, if your neighbor's fence was installed on your property, the encroaching fence line may upshot in reducing the size of your property. Aside from losing your land, the reduced size might affect your setback requirements and impact on your planned hereafter improvements.

If you observe yourself faced with an agin possession merits related to the existence of a fence, in that location are a number of defenses which may be raised. First, courts have held that a claim will not be upheld if information technology is based on the location of a fence which was erected for a purpose other than marker a property line (e.g., if the fence was installed to contain animals). Second, the legal elements of adverse possession will not be present if it can be shown that a fence was not installed on the belongings line but was allowed to remain in place equally a matter of "neighborly accommodation" between landowners. Finally, the fence itself tin can prove to be the downfall of a claim – a small, rickety, battered fence might not exist plant to meet the law's "substantial enclosure" requirement.

Keep in mind that making an adverse possession claim can be an effective way to protect your rights. Suppose that your belongings is separated from your neighbor past a fence, trees, driveway and/or other demarcations that anybody assumes are on the property line. And then your neighbour obtains a survey which shows the belongings line is actually much closer to your building than everyone thought. If the fence line, tree line, driveway or other demarcations accept been treated by both sides as the boundary line for at least ten years, that line volition be accounted to exist the legal boundary fifty-fifty though information technology differs from the actual surveyed boundary line. The way to obtain legal recognition of that purlieus line is to bring an action in courtroom based on adverse possession and requesting a court order confirming the different property line demonstrated through adverse possession.

Approximately once a month we publish The Myers Report, an due east-mail service newsletter containing articles similar to this 1 that we believe will be of involvement to our clients, colleagues and friends.  If y'all'd like to receive The Myers Study then delight click here to add your e-mail address to our mailing list.

Please note that this commodity is intended merely as a full general discussion of legal issues pertaining to property boundary lines and that information technology should not be taken as creating an attorney-client relationship or as legal advice with respect to any item person, business or situation. Circumstances and the applicative legal principles vary and you should consult with an attorney regarding the facts of your particular state of affairs.

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Source: https://jmmpc.com/articles/use-it-or-lose-it-property-owners-and-fence-lines-2/

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