i have a boundary dispute. can i get my land back after 18 years?

Question

my fence separates our drives. i have discovered that the land registry document shows i own half the shared drive rather than the third i have now.can i take the fence down and stop my neighbour putting up another in the same place or after 18 years is he right to claim the land as his. the fence stops me having proper acess to may garage as th drive is really narrow.everyone else in the street has half each and no fences to worry about. the fence was originally put up by the previous owner and he says it was his fence and he put it all on his side when he fell out with next door. it was the builder who said the drives were how they are based on his plans, but they dont tally with the deeds which show half and half.please help.

Answer 1

My goodness, this is NOT an issue of adverse possession. That requires the ENTIRE area in dispute to be restricted from your access continuously and physically for 15-20 years by fence or by wall, and lock. If there is ONLY a single fence on your side, the property is still accessible from the street and adverse possession does not apply.

Plus there is the issue of easements, the right of utility companies to use the land from the legal property boundary into each property (about three feet if I remember right). These companies will cut locks and remove fences if needed every 6 months to 1 year to legally protect their easement; it also disrupts the continual, unlawful restriction of the property from public access and resets the clock.

The property defined on your title/real estate purchase contract is the legal boundary and must match the official records on the land registry document to be legal. Be pleasant but firm about your intentions with proof of your ownership to the neighbors before you act.

Answer 2

yeah, adverse possession is usually 20 years, so the neighbor couldn't claim it as his for another 2 years... and there's other requirements for it to become his, but it doesn't matter since it has only been 18 years. Yes, you have a right to the land that it says you have in your deed. Even if it had been 20 years, you would probably be entitled to the land because adverse possession usually requires actual knowledge of a small encroachment (as opposed to something you should have known just because the other guy was using it).

I think you should talk to your neighbor and show him the deed and everything and ask him to move the fence. And if he doesn't, you can probably take it down. Then if you have to go to court, you should win if all of these facts are true.

note: the difference between your case and the case in the answer above mine is that yours was only 18 years and the other answer was 23. 23 is long enough. 18 is not.

Answer 3

I almost didn't answer this because you had a lot of good answers. However, I noted some answerers said it was adverse possession and the time limit was 20 years. I would urge you to check with a local atty. The period in my state is 10 years. Other states have 7 years. This is also not an adverse possession claim. This is "boundary by acquiescence." That doctrine requires a certain numbers of years to pass--like the others said--but the second element to the boundary by acquiescence doctrine is that both property owners have recognized the fence as the boundary line.

Answer 4

The law of ADVERSE POSSESSION must be 20 years in most states!

ADVERSE POSSESSION - A method, prescribed by statute, by which someone other than the title holder gains title to land.

The enjoyment of land, or such estate as lies in grant, under such circumstances as indicate that such enjoyment has been commenced and contiuued, under an assertion or color of right on the part of the possessor. Actual possession is a pedis possessio which can be only of ground enclosed, and only such possession can a wrongdoer have. He can have no constructive possession.

When the possession or enjoyment has been adverse for twenty years, of which the jury are to judge from the circumstances the law raises the presumption of a grant. A But this presumption arises only when the use or occupation would otherwise have been unlawful.

There are four general rules by which it may be ascertained that possession is not adverse; these will be separately considered.

- 1. When both parties claim under the same title; as, if a man seised of certain land in fee, have issue two sons and die seised, and one of the sons enter by abatement into the land, the statute, of limitations will not operate against the other son; for when the abator entered into the land of his father, before entry made by his brother, the law intends that he entered claiming as heir to his father, by which title the other son also claims.

When the possession of the one party is consistent with the title of the other; as, where, the rents of a trust state were received by a cestui que trust for more than twenty years after the creation of the trust, without any interference, of the trustee, such ppssession being consistent with and secured to the cestui qwe trust by the terms of the deed, the receipt was held not to be adverse to the title of the trustee.

When, in contemplation of law, the claimant has never been out of possession; as, where Paul devised lands to John and his heirs, and died, and John died, and afterwards the heirs of John and a stranger entered, and took the profits for twenty years; upon ejectment brought by the devisee of the heir of John against the stranger, it was held that the perception of the rents and profits by the stranger was not adverse to the devisee's title; for when two men are in possession, the law adjudges it to be the possession of him who has the right.

When the occupier has acknowledged the claimant's titles; as, if a lease be granted for a term, and, after paying the rent for the land during such term, the tenant hold for twenty years without paying rent, his possession will not be adverse.

Answer 5

This is one reason you should always demand a new survey when buying property! As it stands ... check with a lawyer specializing in proprty rights to be sure ... but you might just be SCREWED! "Squaters rights" may be enforceable in this case ... your neighbor might LEGALLY own the land now. If that is the case ... do make sure that you are not paying taxes on the land you do not have access to! Let the neighbor have the land, and the tax bill!

18 years, and you are just questioning it now? You ain't exactly the sharpest knife in the drawer ... are you?

Answer 6

This needs a legal arbitrator with the results of a qualified licensed surveyor in front of him; to reach a decision based on the division of land according to the described measurements on the deed of each homes property. You could provide 3 surveys and let the arbitrator guide you to a fair decision. If you can't come to equitable or satisfactory agreement then civil court is your only recourse.

Answer 7

First of all if the fence is yours take it down as you wish to,your neighbour has no say in this.
Get legal advice immediately on what your rights to your land is,explain that your neighboour is trying to lay claim to your land.
You also need to get a surveyor in who deals with land boundaries,you will have to pay for this but its not to expensive.
This will once and for all tell you where your boundary line is,and he also may give you advice on your situation.
You are concerned that your neighbour will just put another fence in place of the one you remove.
This is possible but will cost him several hundred pounds,and he may think twice if there is a posibility he will have to remove it.
To be honest it seems your neighbour makes a habit of upsetting his neighbours,and a dose of it back might knock some sense into the a**hole.
Try and speak to your neighbour,tell him you are removing the fence as it is difficult to get access to your garage.
If he argues with you and refuses to be decent about the matter ,be prepared to get tough.
Tell him he has had easy access to his garage all these years ,and your not going to struggle any longer at his expense.
Tell him as far as your concerned the land is yours and if he thinks hes going to steal it he is sadly mistaken.
Tell him you have already took legal advice and its not looking to good for him if he continues to impeach on your land.
Tell him if he puts anything on your land until the matter is resolved it will be removed by force if need be.
Tell him you would rather be decent about it and just have the land that is rightfully yours,without the fuss.
But if he is bent on making an issue over this you will make sure everyone in the area knows he's a trouble making thief.
Tell him you will make sure his name goes in the local paper,as the neighbour who is trying to steal others land.
Tell him by the time your finished with him not only will he not get your land ,but he'll be lucky if anyone will speak to him.
Tell him you would rather be decent about it but are more than happy to play dirty if thats what he wants.

But do get advice and do get a survey as quickly as possible,as this will give you ammo on the neighbour if he makes an issue of it.And get that fence down ,dont wait any longer to get your own land back.

GOOD LUCK.

Answer 8

18 years dispute you as an english man owe us irish 800 years rent as always 3 inches is a foot in ireland sad saCK

Answer 9

in a simialr situation, my fathers driveway is actually council property, however he has used it as a driveway and maintained it for 23 years, for example he has paved it, weeded it, fenced it is, cut the grass around it.
He claimed "squatters rights" and now the driveway is legally his.
I should imagine that your neighbour may be able to do a similar thing if he has mainted the land.
Sorry!

Answer 10

You need to have a survey done of your property. That will provide legal proof of where your land ends and your neighbor's begins.