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We have lived on our rural property for 31 years according

to the survey in place...
We have lived on our rural property for 31 years according to the survey in place at the time of purchase. Our neighbor to the east put up a property boundary fence that separated our property from his entire quarter section 30 years ago aquiessing to that survey and agreeing to the property line. Now that he has passed away, his heirs have had two new surveys recorded by two separate surveyors from outside our area. (I might add that neither agree with each other) but in both cases, they have concluded that we are encroaching along our easterly fenced border where our home sits. They have also said that they have an easement along that border from a dirt road that no longer exists there as it was removed when the house was built. I can find no record of a legal easement at the courthouse given to them t
On our property and they never come back here. They do however have a permanent easement on the road that accesses our property, but nothing from that point on. Is this going to turn into a legal battle after living here for 31 years?
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Answered in 16 minutes by:
9/17/2013
Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 33,167
Experience: 17 years of legal experience including real estate law.
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Hello and welcome.

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?

I look forward to assisting you as soon as I have received this information. Thank you.

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Customer reply replied 4 years ago
The neighbors to the east are not new owners. Their names have always been on their own property deed along with their parents name, that is why they had to sign the release so the previous owners of OUR property could sell us 20 acres of their property. They were young married adults when the sale took place, and it is the woman married to their son that is causing all the problems.The parents were always good neighbors and now that they are gone their daughter in law is acting ridiculous. Have never seen her on our property before and now she is coming onto it, trying to paint our fences, calling it her property and not ours, asking if we can pay her for the property or move our house....she has been a real nuisance. Also telling us that she has easement and we will have to move fences and she doesn't want to use the road that now exists but wants us to put back the old one which would have been directly In front of the house. We can find no legal easement that she has on our property. She has not threatened legal action yet, but it is only a matter of time

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.htm

It 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.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Tina
Tina, Lawyer
Category: Real Estate Law
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Experience: 17 years of legal experience including real estate law.
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