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I just bought a house from a old lady that had lived there since 1952 the year the house ws built. On the side of my back yard sits the back of my neighbors house. which he has a steel fence put up. He told me that he is going to be putting a new fence up and said that the fence will be coming over into my property five feet taking some of my yard in the process. He said he has lived in his house for 35 years. as far as i know that property is mine because wouldnt the grandfather clause work for me?

2007-09-24 05:27:12 · 5 answers · asked by pitbull20_45424 1 in Business & Finance Renting & Real Estate

5 answers

The zoning laws aren't the issue. This is a property line issue.

If he's putting a fence on your side of the property line, then he's in the wrong.

If you and your neighbor can't settle it, you may need an attourney. Just remember, he's going to be your neighbor for a while, though.

2007-09-24 05:36:00 · answer #1 · answered by Anonymous · 0 0

Okay, I'm going to bet that you've misunderstood something here.

I doubt that he would move the fence if he hadn't already checked out the property line, probably with a survey, and found that it is where he plans to put the new one. Ask him how he knows where the line is. Compare his survey to your own deed. I suspect he did the homework and will show you.

The "grandfather clause" you're talking about is "adverse possession". Unless your seller built a shed or her own fence on the property, you haven't the beginning of such a claim, because she didn't openly assert control of the property. No, mowing the grass doesn't count.

I'd ask for proof, but I suspect he's right. People just don't decide to fence in five feet of someone else's back yard.

2007-09-24 12:47:10 · answer #2 · answered by open4one 7 · 0 0

Perhaps what he is thinking about is the concept of adverse possession. That is primarily used when one land owner allows another, either intentionally or unintentionally the long term use of a strip of land, usually something that would ordinarly be an easement had everyone known about it in the beginning and agreed. Adverse possession was normally used when older, less rigorous methods were used to determine property ownership locations or when people built things without using a bank, which normally looks for legal proof you are building on your own land with legal access.

Properties would end up being landlocked through no ill intention on anyones part, and the adverse possession concept would provide a legal basis for awarding the use or sometimes even the ownership of the land necessary to access the formerly landlocked parcel.

It does not sound like this is the case for your situation at all. As soon as you are made aware of his plans, simply protest them. First to your neighbor, and then the zoning officials if he persists in his plans anyway.

2007-09-24 12:52:51 · answer #3 · answered by John M 7 · 0 0

lol, he can not encroach on your property without permission. Check your survey and show him where the property lines are and where the current fence is as it relates to them. If his fence encroaches now tell him to move it, no such thing as grandfathering an encroachment.

2007-09-24 12:33:35 · answer #4 · answered by newmexicorealestateforms 6 · 0 2

To be safe call city hall . Let the permit dept know also bet he is not getting a permit

2007-09-24 12:37:07 · answer #5 · answered by Grand pa 7 · 0 0

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