Re: Property Line Dispute

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On 4/30/08, Leslie wrote:
> Been living in our home for 15 years (which was built in
> 1962). When we purchased the home, the survey showed an
> east side lot line. the house east of us was now
> purchased, demolished, and now a house is being
> constructed. When the developer bought the house, their
> initital survey agreed with our survey (as far as the lot
> line). Now he went and had a second survey done which
> shows lot lines that are different from the one that he
> originally had, and from the one that we originally had.
> He now is taking 7 feet of what we believe to be our
> property. Is there a law or statute regarding property
> lines and years without any dispute? The village will
> have nothing to do with this, they say, it's one surveyors
> plot vs. another.
>
> Any help is appreciated!

The common-law period for adverse possession is 20 years. Many
states have modified this to a shorter period - check the
adverse possession statute in your state. Regardless, you are
well within the common-law limit (and probably the state's limit).

From the information you provided, it seems that you meet all
of the other requirements for adverse possession: open and
notorious, continuous, hostile, and exclusive.

You may want to consider having the property surveyed
yourself. If the result is the same as your neighbor's, then
contact a good property attorney to file an adverse possession
claim for the seven feet.