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Re: Property Line Dispute
Posted by Frankie on 6/28/08

    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.

     
     

 
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