Real Estate Law
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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:
Have the new owners of the property threatened legal action against you or made some other demand?
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I see. I'm so sorry you are being subjected to this type of behavior--she doesn't seem to care about getting along with her neighbors or being reasonable.First, when she comes onto your property (the property on your side of the fence), I would typically inform her that she is trespassing and you intend to call the police if she refuses to remove herself.If there is not easement recorded in the chain of title to your property and they have not used the property to access their property previously, there is no easement and no right to use your property typically.Finally, since the fence was erected so many years ago, if she wishes to challenge your right to ownership of the property, you can normally claim it as your own (despite the results of a new survey) based on the doctrine of adverse possession.Here is a link to the applicable statute setting out the requirements to claim the strip of property on your side of the fence based on the doctrine of adverse possession:http://legislature.idaho.gov/idstat/Title5/T5CH2SECT5-210.htmIt sounds as though the neighbor is wrong on all counts and it may be worth the time and expense to retain a local attorney to set her straight on these issues in order to avoid legal action.
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