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    Post: adverse possession and estoppel

    Posted by Vince on 10/06/07

    I have an interesting adverse possession case and I'm
    looking for opinions. Party A bought a house 3 years ago
    with a fence that was on party B's land. One year later
    party A took down the fence, leaving the 2 corner posts in
    place. Both parties then hired a surveyor who found the
    property line showing the fence had indeed encroached on
    B's land. B then strung a line a line along the surveyors
    line and planted shrubs on his side. Two years after B
    planted the shrubs, A planted a tree in the now disputed
    area. When B asked A to move the tree, A stated it was his
    land by adverse possession. Three questions; 1. If A took
    down the fence and allowed B access to his formerly fenced
    in property, is A barred from asserting adverse possession?
    2. Once B used the surveyor line to plant trees in the
    disputed area, and A did not object for 2 years, is A
    estopped from making an adverse possession claim? 3. Once
    the parties hired a surveyor to find the border and A did
    not dispute it for 2 years, did the parties acquiesce to
    the suverors line?

    This one is going to court and I'm curious what others
    think. I represent B, who would have lost the land clearly
    if A had tried to quiet title before the fence came down
    and the surveyor came in.

    Posts on this thread, including this one
  • adverse possession and estoppel, 10/06/07, by Vince.

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