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I bought a foreclosed home in 1991. It was a wreck. One of the things that I did was to replace the fence. After talking with my neighbor - she indicated that the fence was mine and she would not have anything to do with fixing or repairing it. I put up a nice fence and have been maintaining the fence (sealing and repairing) as well as the property on my side.
She lost her house in a foreclosure in 1998 (or 1999). The new neighbor has never done a survey until last mo. (they want to build a garage). They want me to sign some sort of paper indicating that I built a fence on their property knowingly and have no rights to the fence nor the property.
I know I should have done a survey to verify my previous neighbors claim to not owning the fence - but that would have been money I would not have been able to put into makeing the fence so nice....
Should I spend money on legal services (I lost my job in Feb. so this is not an expected expense...) and file for either a quiet title under adverse possession or what?
OR
Ignore the request until either they do something like try to move the fence or build the garage encroaching on what I believe to be my property (under adverse possession)? Then send them something certified mail stating such....
I know that the logical answer is to spend money on legal service, but I am quite cash tight at the moment (and to my advantage, I believe my neighbor is also!).
Yea I have the same question. What caused the new owners to believe so strongly the land is theirs? If they did a survey then you are going to need some help. Try to find the stakes yourself or ask them for proof via the survery as if you are considering signing the documents. That way you will know exactly where you stand. You can also take the human route and tell them how it came about and ask they allow you the move the fence so you do not have a complete loss.
The neighbor just recently had a survey done (after living with undisputed property lines for 10 years) and put in markers indicating where the property line is (they are planning on putting up a garage). I would rather take a passive approach (and not sign anything) than spend money at this point.
gkleon, To move the fence (it is 8 ft. tall and very solid custom fence) would be a huge undertaking. I fear that if I do sign something, then the neighbor would own the fence and could tear it down - even though they say they will not....
SouthernBelle, does the neighbor have to document that they feel my fence is on their property in writing to me?
I hate to say it but unless there is an attorney on this board that practices real estate your not going to get an answer you can count on. I've read through it all and this one seems easy but really is tough.
You might be able to find some answers in a NC real estate book though for about $40.
I know of an attorney that might speak with you over the phone about the situation. She is a tough one and very well versed on these subjects.
Sorry, I have no lcue about what your rights, if any, are. I had a situation with a previous house and I paid for the survey to prove the lot line (no fence involved) was where I said it was. Sometimes saving money ends up costing you a lot more in the long run!
I would do nothing. If the fence is on their side of the line, it is their fence. If it comes down, you can either rebuild on your side or let it go. I would work with them, maybe you can salvage some pieces. I have seen too many heated arguments involving fences, sheds, and garages that a simple and not all that expensive survey up front could have prevented. If you do not have a survey showing the property is on your land, I opine you have a very very weak hand in this game.
Adverse possession can only be established by (among other things) continuous occupation for 20 years. You haven't met that time frame yet (and may not have met the other requirements, I don't know).
A shorter time period gives adverse possession under color of title IF there is a deed that purports to give you title to the property (i.e., you received a deed with an error). You might want to check your deed for the description just to make sure.
I can't give you advice on what you should or shouldn't do. If you want some free informtion, I would head to the library and check out the NC General Statutes on this issue.
North Carolina General Assembly - General Statutes
I was going to say the same thing about adverse possession being for 20 years. Here is a link to the NC General Statutes. I would consult with a RE lawyer.
I would do nothing. If the fence is on their side of the line, it is their fence. If it comes down, you can either rebuild on your side or let it go. I would work with them, maybe you can salvage some pieces.
I agree completely. If it's on their side, you're SOL. They can do whatever they please. I'd get your own survey $300? first and foremost so you know the real P-line.
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