Re: Perspective easement or Adverse Possesion

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Did you purchase owner's title insurance when you closed on
the property?

On 5/05/06, Susan wrote:
> I am hoping you can assist me with information.
>
> The property directly new door (only land) was put on the
> market. A survey was conducted and determined that our
> house and an out building was built over the property
> line. We purchased the home 7 years ago. The house is 15
> years old.
>
> We were informed by the property owner next door that our
> house and out building was over the property line even
> before the survey was conducted. He told us a long tale
> as to a dispute he was having even before the house was
> built with the previous owner. We immediately requested a
> meeting with him, the land surveyor and ourselves. At the
> time we all met the property owner next door admitted to
> knowing the property markers were tampered with by himself
> and the previous owner of our property some 15 years ago,
> even before the house was built. Neither alerted any one
> of this problem.
> 6 years ago we built a 3500 sq. ft shop and it too sits
> half on our property and the Coles property. We applied
> for the permits, the county asked to see our property
> markers; they walked off a set back and told us where to
> put the building.
>
> Now we are faced with a costly problem. To resolve the
> dispute we are being asked to purchase the land our
> property sits on, or they will more than likley sue. And
> they are asking todays market value. More money than we
> can even pay out. This land is land we believed to have
> owned.
>
> This is a quick version of what has happened. Do we have
> a good case for Adverse possession or Prescriptive
> Easement and if we do what in your opinion do we need to
> prove it?
>
> Thank you in advance,
> Charlotte
>
>