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To take land by adverse possession the claim for the land must be open, adverse to the other ownership and taken under claim of right or color of title (even though defective) for a period of 10 years or more. In this circumstance, although the fence was openly visible, the fact that it was encroaching was not known so that you may be able to maintain your ownership. YOu will need to send a formal letter requiring him to relocate the fence and if he does not you will have to file a lawsuit for trespass. You should retain a local attorney to assist you as this is not a straightforward situation.
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