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Marsha411JD
Marsha411JD, Lawyer
Category: Real Estate Law
Satisfied Customers: 19876
Experience:  Licensed Attorney with 29 yrs. experience with Real Estate
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I've owned a residence with acreage years a fence line was

Customer Question

I've owned a residence with acreage for 15 years a fence line was in place at time of my purchase. the new neighbor( 4th owner of the adjacent property) states that he had a survey completed stating he has rights to more than 50 feet onto my side. What do I have to do to ensure the fence line created prior to my original purchase does not change and I don't lose the fence established land?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for the information and your question. Unfortunately, I am afraid that if this neighbor's survey is correct you have no legal basis to retain that portion of the acreage. In other words, it would be the neighbor's land to retake unless he is willing to quit claim that land to you for a certain sum of money. The fact that the fence has been in the wrong location for many years does not create a legal right to the land. Adverse possession only occurs if you had also been paying the taxes on the land all of this time.

You can always have your own survey done or check the records at the County Property Appraisor's Office to make sure he is correct.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Customer: replied 1 year ago.
What about adverse possession?
Customer: replied 1 year ago.
Also how would I verify his survey is correct since he is the fourth owner of the property since I have lived here? No other such claims have been made until now?
Customer: replied 1 year ago.
Sorry for the redundant question my phone didn't display your complete answer but my computer just did.
Expert:  Marsha411JD replied 1 year ago.

As mentioned, you would not qualify for adverse possession since you have apparently not been paying taxes on that land, which is a requirement under adverse possession laws in Indiana (and most states). Also, as mentioned, if you are not satisfied that his survey is correct, you can have your own survey done or check with the property appraiser's office for the legal description. But generally having your own survey done is the way to ensure who is correct.

No problem. Again, feel free to ask follow up questions if you have them.

Expert:  Marsha411JD replied 1 year ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answers I provided to you on the 8th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received your rating. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.