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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 6845
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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My storage barn in evidently on another person's property by

Customer Question

My storage barn in evidently on another person's property by about 5 feet where they have bought the lot to build on. My barn has been there since 1989.. Do I have to move it after I was asked to do so? There is no fence and the utilities aparatus is located slightly beyond my barn's rear wall as reference to why my barn is there.
I am in Arkansas if the state makes a difference to law presidence or something. Thank you in advance!
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
The only contact I have had with the new property purchasers is a phone call message left for me. I wonder if pursuing a prescriptive easement or adverse possession could be an option for me? I would like to mot move my barn if possible and I am not trying to "steal" anyone's land with this.
Customer: replied 1 year ago.
My property is a quadplex townhouse and the other three parties have their fences built beyond the property line more than my barn is. I wish I could post a picture on here to refer to, but the back of all four properties contact the newly purchased property and evidently overlap by about 5 feet according to their survey evidently. The fences were made in reference to the utilities aparatus which is cornered beyond my barn slightly as the corner of the quadplex as my unit is the outside corner unit. My barn and the fences were placed in their location in 1989 (26 years ago??).I was able to upload a couple of pictures to look at for reference here..
Expert:  Irwin Law replied 1 year ago.

If the utility easement was taken from the lots equally, it would appear that the barn is inside of your line. The only sure way to tell is by a survey. You might be able to tell by examining the original plat map in your county records. Without more than a telephone voice mail message there's no reason to do more than that. Adverse Possession may be your defense if it comes down to a court case. Here is the Arkansas statute. http://law.justia.com/codes/arkansas/2010/title-18/subtitle-2/chapter-11/subchapter-1/18-11-106