How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask FLACORPLAWYER Your Own Question

FLACORPLAWYER
FLACORPLAWYER, Lawyer
Category: Real Estate Law
Satisfied Customers: 4627
Experience:  23 years as attorney NY and FL Bars.
13539925
Type Your Real Estate Law Question Here...
FLACORPLAWYER is online now
A new question is answered every 9 seconds

A neighbor moved property line (PL) stakes, erected a fence

Resolved Question:

A neighbor moved property line (PL) stakes, erected a fence on my state of Wash oceanview property in Feb 2006, and by report is trying to establish adverse possession of that area. I had to have the PL surveyed for the 4th time to make sure the fence was encroaching and that stakes had been altered. I know I have 7 more years on an adverse possession claim. But that encroachment prevents me from selling the property.   At her request I offered and sent her revocable permissive use of that area for no cost but her signature. After 8 weeks. I received a certified letter telling me that she changed her mind and was not agreeing that her fence was on my property, even though all surveys, including hers, show it is.   She is taunting me to go to court which I do not want to do. I want to write her a letter accepting her refusal of the permissive use, demand that she take down her fence, and stop any adverse claim for good. What are my best next steps to protect myself?
Submitted: 5 years ago.
Category: Real Estate Law
Expert:  FLACORPLAWYER replied 5 years ago.
First off, tear down that fence that has been illegally erected on your property. Or even better, move it to the real property line. Surveyors can sink rods deep into the ground that cannot be removed that can establish where the property line is. They find them with a metal detector. You can sell the property. There is no encroachment here. She has no claim. Offer her nothing.
Customer: replied 5 years ago.
She buried the fence posts in concrete pilings on my side of the PL and planted plants on top of the old property line stake. I do not want to have the cost or damage of removing those pilings. Can I give her 30 days notice to move or remove the fence and inform her that If she does not comply, then she relinquishes ownership of the fence, pilings and plants to me so that I now own the fence. Therefore, no encroachment needs be disclosed? She lives there, I live 1800 miles away. She can and has made my life miserable. I would like to avoid an aggressive act if any other option allows me to take control. Is there a format of establising property rights without having to get nasty, confrontational, or going to court?
Expert:  FLACORPLAWYER replied 5 years ago.

You are being legally robbed by this person and don't want to get nasty or confrontational? This person is trying to take your property by adverse possession. You are required by law to (the legal word literally is:) CONFRONT her or you are going to lose title to this parcel. You can certainly send her a registered, return receipt requested letter demanding the removal of the fence and the plantings, but you cannot establish ownership of them by saying in the letter that if she does not reply she forfeits them. A fence is not difficult or expensive to remove, concrete footings or not.

 

Remember she has taken actions which are planned and legally designed to establish open, hostile and notorius possession of your land. It's like she read the law books.

Customer: replied 5 years ago.

I am finally getting it. The fence is attractive and does provide privacy between the lots. I would have liked to leave the fence up on my terms but from what I understand I have to remove it to keep her from stealing my land. I have no way to claim abandonment to stop adverse possession claims. Is that correct? I will release funds following your reply. Thank you so much for your help.

Expert:  FLACORPLAWYER replied 5 years ago.
That is correct. Please act agressively and do it soon.
FLACORPLAWYER, Lawyer
Category: Real Estate Law
Satisfied Customers: 4627
Experience: 23 years as attorney NY and FL Bars.
FLACORPLAWYER and 7 other Real Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.