adverse possesion established property line from chain link fence (real estate, lawyer)

[samson&delila]

I read one of the posting on here about a fence not put up on the property line, the post had mentioned that you can try and claim Adverse Posseion.
beings the fence has been up for 15, to 20 years.
I am having a huge problem with my neighbor on the account of this, I thought it was Grandfathered after so many years?

[allforcats]

This is a legal matter, involving at least state law and likely also county and city or town ordinances. You need to consult an attorney who specializes in real estate. You can find such attorneys in your local yellow pages directory. Good luck!

This post has the same advice:
http://www.city-data.com/forum/2878075-post10.html

[samson&delila]

The fence was originally put on her own property by prior owners and it was assumed that it was Grandfathered after so many years, this was discovered after I paid to get the Servey and now they are attempting to put the fence up. they have the polls in.
untill I figure out if I can claim this adverse possesion can I block them from having access to finish the fence ( with my car) without going to jail?








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[Ira500]

It seems to me that sometimes getting along with a neighbor is worth the cost of losing a few feet of fenceline. Absolutely, the only way you are going to resolve this is to see an attorney...we really don't know the details at all, but adverse possession or not, and i may be wayyyy off base here, but it seems like you are trying to hold possession of land that isn't really yours.
In any event, the only way this can legally be resolved is through legal channels, rather than blocking it with your car.
Don't escalate things. See a lawyer, and leave your neighbor some cookies on her doorstep.

[JDTD]

Originally Posted by Ira500

It seems to me that sometimes getting along with a neighbor is worth the cost of losing a few feet of fenceline. Absolutely, the only way you are going to resolve this is to see an attorney...we really don't know the details at all, but adverse possession or not, and i may be wayyyy off base here, but it seems like you are trying to hold possession of land that isn't really yours.
In any event, the only way this can legally be resolved is through legal channels, rather than blocking it with your car.
Don't escalate things. See a lawyer, and leave your neighbor some cookies on her doorstep.

I second this. A person has to ask themselves...."Is it really worth it?" Often times...dirt isn't.

[bigtrees]

Originally Posted by samson&delila

I read one of the posting on here about a fence not put up on the property line, the post had mentioned that you can try and claim Adverse Posseion.
beings the fence has been up for 15, to 20 years.
I am having a huge problem with my neighbor on the account of this, I thought it was Grandfathered after so many years?

I recently testified during a King County Court trial on a private condemnation, which is pretty similiar to adverse possesion. I read up a lot on the laws so I'm familiar with a similiar situation.

If your use of the land meets the requirements for adverse possession (defined in the revised code of washington), you can file a lawsuit in King County Superior Court to prevent them from installing the fence. I suppose you could block their building the fence with your car, but since the land is their land until a judge rules otherwise, the neigbhors could tow your vehicle and install the fence anyway.

The private condemnation lawsuit (that I was involved with) was filed five years ago and has been to court three times. No judge has issued a ruling in the case, and the parties testified that their expenses were over $100,000.

I have no idea what your case would take but 5 years and a $100,000 is good starting point.

[ST CRoix To Seattle]

Get an attorney to sort it out,they can serve your neighbor to prevent construction of the fence until ownership of the area in question is 100% determined...Me personally if you blocked the area that I own without at least asking me to stop construction until we as neighbors figure out who owns the area,I would concrete right through your car and build the fence on top....Just kidding talk with a lawyer or at very least talk with your neighbor and feel them out

[Ira500]

I would concrete right through your car and build the fence on top.

That's got to be the funniest line I've ever read on City-Data.

[scirocco22]

The image certainly is.

[jinj]

How many feet are we talking about here?

Your neighbour should really help pay for any further survey.