Posted by Susan on 5/05/06

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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

Re: Perspective easement or Adverse Possesion, 3/19/07, by TIMOTHY PAYNE.

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