You need to just pony up a few bucks and go visit a real live attorney instead of asking for advice on an internet forum. That's the only way your gonna get legit legal advice.
O/P I'm also a land professional (petroleum title landman). I've read your initial post and the back and forth between you and @Surveyor1653 and I can't really add anything to what he's told you. He seems to be spot on and he probably knows more than I do since I work unincorporated areas 99.85% of the time. I will say that in over 13 years I've never seen an owner lose footage/acreage to adverse possession. So I'll just pile on and say you need to gather up your surveys (both what you got when you bought the place and the survey you had done), pics, and whatever documentation you have and go see a title attorney. Initial visit should be free or pretty reasonable. Don't go to just any attorney that does land title on the side with a bunch of other stuff to eek out a living, but one who practices in land title exclusively. Any local realtor will be able to point you to one and the county clerk or assessor might be helpful too. They should be at least semi-local to you to have a feel for the judges in your area, it may very well help in the end. Good luck. Pissy neighbors aren't any fun.
What are you going to do with the land? Do you WANT to take it back and tear down his fence, move all his stuff and put up a new one? That can be pretty expensive to reclaim say a 1/4 or 1/2 acre in a city area where you're then going to have to go to the additional effort of keeping it up. Maybe, if the neighbor wants to continue to use it, there's an option where you can both agree it's your land and he can continue to use it and maintain it, but if at some point down the line you decide you want to reclaim it, you can go through the hassle then? I mean, maybe it would be as simple as drawing up a single-page document to that effect? That would help keep the neighbor from becoming an enemy, and allow you retain the right to claim your land at a later date? This is obviously something that would have to be done under the advice of an attorney, I would think, but it's an option if you're not chomping at the bit to expand your garden or sell off the land or something.
Then again, such an agreement might open you up later to more "legitimate" claims from him that he owns the land, I don't know. I'm speaking totally off the cuff here, just wondering if there isn't a way to keep both of you happy and salvage a relationship between neighbors.
It sounds like he was pretty perturbed during the discussion, did you get the idea he knew about this already, since he was the one who brought up longevity and seemed to feel he would win the day in court? As in, it had been discussed with him by previous owners (who damn sure should have mentioned it to a prospective buyer!) and he did his own internet research and thinks he "knows his rights"?
Then again, such an agreement might open you up later to more "legitimate" claims from him that he owns the land, I don't know. I'm speaking totally off the cuff here, just wondering if there isn't a way to keep both of you happy and salvage a relationship between neighbors.
It sounds like he was pretty perturbed during the discussion, did you get the idea he knew about this already, since he was the one who brought up longevity and seemed to feel he would win the day in court? As in, it had been discussed with him by previous owners (who damn sure should have mentioned it to a prospective buyer!) and he did his own internet research and thinks he "knows his rights"?
Tacking on to tR's thoughts.....maybe rent the land to your neighbor? Write up a rental agreement at a premium rate, have him sign it or move his stuff. Money motivates.
Just an idea.
Just an idea.
One to the hip.
That's FUNNY
Very Good Advice. I have a similar issue that has Covenants, Conditions & Restrictions for a Subdivision that started 1 year ago and may have a decision in the next month. Good Luck
It not a huge amount of land, but it's more about the principle of them knowing their fence is in the wrong place and then getting pissy when asked politely to move their junk so that the problem can be corrected. This is in an unincorporated area. And this is not the first time they've pulled such BS on neighbors. Guy that is to the wes of both of us has legal R.O.W along turds south edge and they continue to block it with trailers and other equipment. Court ruled turd was wrong but still continues to block access. Just being thieves.
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