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The Water Cooler
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Fence line vs Survey
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<blockquote data-quote="Surveyor1653" data-source="post: 2977753" data-attributes="member: 5197"><p>Adverse possession is incredibly hard to prove, and has to be proven in court. You don't just get someone's land by occupying it. The standards for proving AP are high for a reason. This is probably one of the biggest misconceptions/wives tales of land ownership.</p><p></p><p>There's a lot in play here:</p><p>Under what kind of deed was your title transferred to you?</p><p>Did your title work include any prior survey documents?</p><p>How long has the neighbor been the neighbor?</p><p>Did your surveyor pin all of your corners and mark the line when he did the survey?</p><p>Did you get an actual boundary survey done, or a Mortgage Inspection? (I'm assuming boundary since you had it done a couple of years after you bought your house)</p><p></p><p>Your best bet is to have a cordial conversation with the landowner next door. Ask him politely to relocate his junk and structures. If that doesn't work, then you can engage a <strong><u><em>title</em></u></strong> attorney to potentially send a cease and desist letter with notice to vacate, accompanied by the plat of survey. Where you go from there is up to you under counsel from the attorney. </p><p></p><p>Good luck.</p></blockquote><p></p>
[QUOTE="Surveyor1653, post: 2977753, member: 5197"] Adverse possession is incredibly hard to prove, and has to be proven in court. You don't just get someone's land by occupying it. The standards for proving AP are high for a reason. This is probably one of the biggest misconceptions/wives tales of land ownership. There's a lot in play here: Under what kind of deed was your title transferred to you? Did your title work include any prior survey documents? How long has the neighbor been the neighbor? Did your surveyor pin all of your corners and mark the line when he did the survey? Did you get an actual boundary survey done, or a Mortgage Inspection? (I'm assuming boundary since you had it done a couple of years after you bought your house) Your best bet is to have a cordial conversation with the landowner next door. Ask him politely to relocate his junk and structures. If that doesn't work, then you can engage a [B][U][I]title[/I][/U][/B] attorney to potentially send a cease and desist letter with notice to vacate, accompanied by the plat of survey. Where you go from there is up to you under counsel from the attorney. Good luck. [/QUOTE]
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