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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 30778
Experience:  16 years of legal experience including real estate law.
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I have 60 acres of heirs property, My proplem is the property

Resolved Question:

I have 60 acres of heirs property, My proplem is the property that borders mine I beleive had a survey done now I see the states that where place are over the line by 50 feet at least. what are my steps to take to correct this. They or someone have been trying to buy me out to put a housing area their. But this property have been in the family for over 200 yrs.

Thank you
Harry
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Tina replied 7 months ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

What is over the property line, the neighbor's home or a home on the heir's property? How long has this encumbrance existed?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 7 months ago.

The property markers (stakes with red tape stuck in the ground).Its been there about a month now

Expert:  Tina replied 7 months ago.
I see. So there is not a fence or encumbrance on either property? What is your question for me then?
Customer: replied 7 months ago.


My question is what measures should I take now that a Surveyor has move the property line furhter on my side of the property by about 50 feet.

Expert:  Tina replied 7 months ago.
I see. Thank you for clarifying that, Harry.

If there are not boundaries such as fences or other markers which have marked the boarders along the property for a period of years, the doctrine of adverse possession would not typically aid you under these circumstances unless the owners of your property have been using the additional 50 feet as their property for a period of at least 7 years. If that is the case, then you could claim ownership of the 50 feet based on the doctrine of adverse possession.

Here is a link which discusses this legal doctrine:

http://www.colemanchambers.com/Articles/Adverse-Possession-And-Border-Fences.shtml

If there have been no boundaries or use of the property continuously for a period of at least 7 years, then if you have no reason to dispute the results of the survey, the new boundaries would typically be set out where the surveyor has determined the boundaries should be.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 30778
Experience: 16 years of legal experience including real estate law.
Tina and 3 other Real Estate Law Specialists are ready to help you

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