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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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WE HAVE A FENCE THAT IS ON PROPERTY NEXT TO THE CITY LAGOON

Customer Question

WE HAVE A FENCE THAT IS ON PROPERTY NEXT TO THE CITY LAGOON AND CITY DUMP GROUNDS. THIS FENCE HAS BEEN IN FOR ATLEAST 30 YEARS IF NOT MORE. THIS CITY IS NOW SAYING THAT WE HAVE TO MOVE OUR STUFF CAUSE IT IS ON CITY PROPERTY. THE CITY PUT THE FENCE UP IN THE FIRST PLACE AND NOW IS SAYING IT IS IN THE WRONG SPOT. AND THEY ARE ALSO SAYING THE ROAD COMING ON TO OUR PROPERTY IS ON CITY LIMITS AS WELL. CAN THEY TAKE THAT ROAD FROM US?? IT HAS BEEN THERE FOR AS MANY YEARS AS WELL
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 8 months ago.
Welcome to JA! and thank you for your question. Based on the time period it is certainly possible that there may be a claim for adverse possession. This does not work the same for private property as it does for government property. This is the link for the laws on adverse possession http://sdlegislature.gov/statutes/DisplayStatute.aspx?Statute=15-3&Type=StatuteCHAPTER 15-3 ADVERSE POSSESSION AND LIMITATION OF ACTIONS TO RECOVER REAL ESTATE The Statutory Period for adverse possession is 20 years. http://www.nolo.com/legal-encyclopedia/who-can-claim-property-based-adverse-possession-south-dakota.htmlLet's take your question in stages. THIS CITY IS NOW SAYING THAT WE HAVE TO MOVE OUR STUFF CAUSE IT IS ON CITY PROPERTY. THE CITY PUT THE FENCE UP IN THE FIRST PLACE AND NOW IS SAYING IT IS IN THE WRONG SPOT. AND THEY ARE ALSO SAYING THE ROAD COMING ON TO OUR PROPERTY IS ON CITY LIMITS AS WELL. CAN THEY TAKE THAT ROAD FROM US?? Why did the city place a fence on your private property? Do you have a survey that shows that the fence is in fact on your land?AND THEY ARE ALSO SAYING THE ROAD COMING ON TO OUR PROPERTY IS ON CITY LIMITS AS WELL. CAN THEY TAKE THAT ROAD FROM US??Again we would need to see what a survey shows us. Generally a fence is the personal property of the person or entity that puts up the fence. That begs of question of why you need to move their fence.Further, your survey would clearly set out your boundary lines and any easements (right of a third party to use your land) that may be for the city. If the city does not own the land and they do not have any right to have the fence on your property they are encroaching on your private property and you have an action against the city. If they city goes through with trying to take any land under the laws of eminent domain they must follow the process and you would be entitled to fair market value for your land if the prevail. My first question is whether you have a survey prepared by a licensed surveyor?Secondly who put up the fence and is the fence within your survey boundary lines? Do you have a copy of the title insurance policy that was issued to you when you purchased the real property?
Expert:  Attyadvisor replied 8 months ago.
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