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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 53689
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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We purchased a townhome in 2003 which had a back yard fenced

Customer Question

We purchased a townhome in 2003 which had a back yard fenced in. Five or six years ago, a real estate developer put townhomes just east of us. Four or five years ago, we learned that the east fence is actually five feet too far to the west. In other words, our new neighbors are enjoying five feet of our yard. Last year I hired a surveyor to check our property lines and he confirmed what I've described above. What should I do?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Richard replied 6 months ago.
Good afternoon. My name is ***** ***** I look forward to helping you. What you have to worry about here is a claim of adverse possession. Adverse possession is the process of claiming title to real estate by taking it and occupying it for a period of time. Adverse possession requires the following conditions to be met: i) actual possession of the property; ii) open and notorious use of the property; iii) exclusive use of the property; iv) hostile or adverse use of the property; and v) continuous use of the property. Pursuant to Idaho statute 5-210, the continuous period of use must be for at least 20 years. So, the neighbors have not established a valid claim for adverse possession. So, you want to have the fence moved to protect your property ownership. You do have title to this land and the fence belongs to you. So, you have the right to move the fence to the property line. So, you want to send your neighbors a letter by certified mail informing them of the foregoing and ask that they move the fence to the property line. Inform them that you goal is to resolve this amicably and that you hope they will simply move the fence voluntarily, but if not, you will have no choice but to have it moved and seek reimbursement from them for the cost of removal. Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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