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 Irwin Law Your Own Question

Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 4967
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
18215332
Type Your Real Estate Law Question Here...
Irwin Law is online now
A new question is answered every 9 seconds

Oklahoma law and adjoining neighbors boundary line dispute.

Customer Question

Oklahoma law and adjoining neighbors boundary line dispute. After doing a survey we find our land in the possession of the neighbor. We have 33 acres, 3.3 of our acres are possessed by adjacent neighbor due to fence. We have a Statutory Corporation Warranty Deed and have lived here three years and our neighbors (having lived here 26 years) state that the fence line rules because it has been in place for 50 years and recognized as their dividing line. What do we do?


 


Are we required to notify the neighbor of our survey and the land dispute by law? We do not want to be a Petitioner in court suit; we just want to put up a new fence, the old one is in serious need of repair; and, we want to put up a fence on the boundary line. Also, for Oklahoma, does this mean the cost of the fence is shared? And, on our 3 acres they are possession due to fence, they have cut down at least 5 or more trees since we have lived here and even more stumps and there is a hay field which we have been deprived of receiving monies from that hay if we had been able to have our own land and use it.


 


Can we make a claim for damages and costs of land via a Breach of Convenant with our deed. We bought the property from a Bank; it was REO and we paid $85,000 cash. We paid for Escrow and Title Insurance and our policy commitment at closing stating "there were exceptions" and not listing this obvious "encroachment" was changed after asking the title office if they covered fence line disputes and they then provided a policy stating "does not cover encroachments,etc. Is this legal? I am 63 years and on SSDI for anxiety and panic disorder as well as fibromylgia, shingles, arthritis...I read of a "two year extension to file a civil "fraud" for statute of limitations when a landowner has a "legal disability". Any knowledge on this?


 


Closing date of escrow:  4/23/2010


Date of recorded deed:5/4/2010

Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Irwin Law replied 1 year ago.

Hello Leega2be. Thanks for submitting this interesting question. I'll try to assist. This answer is in general terms and should be confirmed by a OK attorney before you act on it. Generally, the boundary survey is done before purchasing acreage. The survey would have disclosed the encroachment of the neighbor's fence. You can erect a new fence at your sole expense just inside the true boundary line and in effect fence off the 3.3 acres that the neighbor claims is his. You don't have to be a plaintiff in a lawsuit to do that, but you might become a defendant in one if the neighbor sues to try to establish that he now has title by way of adverse possession. Here is a good discussion of that law:

http://www.okbar.org/obj/articles_01/sa031001.htm I am not going to try to guess the outcome of such a suit. Nor can I guess the outcome of any suit you might choose to bring against the bank that sold you the land. That advice will have to come from a local attorney who has reviewed the matter in much more detail. Such suits are often settled "out of court". I can add generally that title insurance policies do not insure against title defects which might have been disclosed by a survey. It's called the "Standard Survey Exception. It is legal and forms part of your insurance contract. I don't see anything that involves a claim of fraud against anyone, or which would invoke a statute of limitations, except perhaps if you try to sue the neighbor for the removal of trees or hay, you might be faced with a two year statute of limitations for trespass. The physical disabilities that you describe generally are not considered "legal disabilities" which would extend a statute of limitations. A legal disability generally requires being under age or under guardianship for a mental disability, i.e.something that legally prevents you from taking action.

I hope this information is helpful and that you will enter a positive rating. I thank you for submitting your question to Pearl-Just Answer. We appreciate your business. If you need clarification or additional information, please send me a Reply and I will be happy to explain further. Please consult a local attorney to verify the accuracy of this information according to your state's laws.

Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 4967
Experience: Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
Irwin Law and 5 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

http://www.okbar.org/obj/articles_01/sa031001.htm The link you provided above, gives me the following message:


HTTP Error 404.0 - Not Found
The resource you are looking for has been removed, had its name changed, or is temporarily unavailable.

I have since signed up for a Premium Membership Plan.I do thank you for your answer, though. It would be nice if you could locate for me a "valid" link.
Expert:  Irwin Law replied 1 year ago.
I will be back on home computer on Monday and try to help you then.
Expert:  Irwin Law replied 1 year ago.

Hello again, and thanks for your patience. The problem that you have is that although you have title by deed to the 3.3 acres in question, those acres were fenced in by your neighbor and added to his property. Apparently this occurred many,many years ago. The fencing in might have given your neighbor a claim to those acres under the doctrine o adverse possession. When one holds the real estate of another in and open and notorious manner exclusively, adverse to the interest of the legal owner, for a statutorily significant period, the person can claim owner ship of the land by adverse possession. In OK the time period is 15 years. See; http://statelaws.findlaw.com/oklahoma-law/oklahoma-adverse-possession-laws.html

Here is a general discussion of adverse possession: http://www.uslegalforms.com/realestate/adverse-possession.htm Adverse Possession doesn't transfer title to the possessor automatically though. The possessor must go to court and have a judge here the case and declare that he has followed the statute and now owns the property in question. Until that occurs, your title by deed is still the superior title.

Customer: replied 1 year ago.
Since they have not gone to court and filed; can I walk on the property and use it as mine? I mean clean it up and keep the gates open, if I want. Tell people not to coon hunt, etc.? Will they be able to say I am trespassing? I do not want to damage anything or tear up the fence. Sort of 'forcing them' to go file by my presence and claiming my entitlement to ownership.
Expert:  Irwin Law replied 1 year ago.

Yes, what you have to do is assert your ownership and control. It's difficult to do with vacant ground. Fencing it is one way. Riding horses on it, mowing, planting trees etc...

This is a scholarly article on the subject: http://www.crowedunlevy.com/Websites/crowedunlevy2010/Images/Thought%20Leadership/Rosser/Rosser%20-%20Adverse%20Possession%20Article%20from%20Bar%20Journal.pdf

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.
 
 
 
Chat Now With A Real Estate Lawyer
Irwin Law
Irwin Law
1175 Satisfied Customers
Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.